Personal Injury

Published on: October 8, 2018

NTSB: To Reduce Accident Fatalities, Communities Must Tackle Speeding

According to the National Transportation Safety Board, speeding motorists pose a serious problem on our roads. Between 2005 and 2016, speeding-related accidents killed more than 132,500 people. In Georgia, the annual number of deaths caused by speeding drivers in 2008 to 2017 averaged from 1200 to over 1500 each year. Until authorities and communities address the very real risks and dangers posed by speeding, no real progress can be made in reducing the number of accident fatalities in the United States.

There are two ways in which speeding increases the risk of fatalities. First, a speeding motorist is less likely to be able to respond in time to prevent an accident. Second, the kinds of injuries that occur in a speeding-related accident are very often fatal, due to the very severe impact caused by the speeding vehicle involved. In fact, the National Transportation Safety Board statistics show that speeding-related fatalities accounted for approximately one-third of all traffic deaths. That number was close to the number of people who died in drunk driving accidents during that same period. However, while a lot of attention and activism is directed towards drunk driving, speeding generally does not get as much focus as an accident causing factor.

The National Transportation Safety Board identifies the recent trend in communities to raise speed limits as one of the reasons why speeding continues to claim so many lives every year. It is a no-brainer that higher speed limits only encourage drivers to drive even faster. In 2015, the maximum speed limit on Georgia highways was raised from 65 mph to 70 mph. Georgia is also one of the few states that has anti-speed trap laws.

Published on: September 23, 2018

Seatbelt Use Lagging Among Backseat Occupants

by Robert N. Katz, Esq.

Statistics show that seatbelt usage rates for adults riding in the backseat of a car are much lower than for those in the front seat. Unfortunately, far too many adult passengers believe that buckling up when they are riding in the backseat is not always necessary.

According to a recent survey by the Insurance Institute for Highway Safety, 4 out of 5 backseat passengers believe that seatbelts are unnecessary on short trips or while riding in a taxi. Backseat passengers have a false sense of security and believe that they are safer when they are seated in the back seat and therefore don’t need to wear a seatbelt. Unfortunately, these statistics hold true in the Atlanta area as well.

Obviously, that logic is flawed. Every person in a passenger vehicle is at risk of injuries in an accident, regardless of where they are sitting in a car. Riding in the backseat can be just as safe as riding in the front seat, unless you’re not wearing a seatbelt. A few decades ago, when auto safety technologies were not as cutting-edge as they are now, front seat passengers had a much higher risk of dying in an accident. However, since the introduction of advanced airbag systems and other safety technologies, safety for front seat passengers and drivers has increased dramatically.

Published on: May 30, 2018

Pedestrian accidents are on the rise.

by Robert N. Katz, Esq.

It is no secret that pedestrian fatality numbers in the state are on the rise. According to the Governor’s Office of Highway Safety, in 2017 alone 1,454 pedestrians died in accidents across the Georgia.

As the number of pedestrian accidents in Georgia continues to increase every year at least, one community is taking firm steps to reduce those deadly statistics. The Governor’s Office of Highway Safety recently lauded the community of Macon for the steps that the city is taking to reduce pedestrian fatalities. The Governor’s Office of Highway Safety recently announced a grant of $20,785 to the city of Macon and its On the Move campaign.

The city of Macon has seen more than its share of pedestrian accident fatalities. In fact, it was recently ranked second in Georgia in the number of pedestrian fatalities per capita. In response to those alarming statistics, the city’s administrators have put their heads together to announce a new initiative. The Macon Commissioner recently formed the Macon-Bibb Pedestrian Safety Review Board to analyze pedestrian accident fatalities across the community. One of the Board’s first initiatives is the Cross the Walk campaign. The campaign is designed to inform and educate people about safe and responsible ways of crossing the street.

Published on: April 26, 2018

Is Climate Change Linked to Increasing Traffic Accident Deaths?

by Robert N. Katz, Esq.

Climate change has been in the news for years now regarding its effects on weather related tragedies. From eroding coastlines, rising poverty levels and soaring temperatures -climate change is blamed for an entire range of global disasters. Every region on the globe, including Georgia, has seen dramatic shifts in its weather. However, could these changes in weather also be linked to increasing highway accident fatality numbers?

It appears that they could. Traffic safety experts have been trying to understand why road accident fatality numbers have been increasing since 2015, after several decades of a downward trend in fatality numbers. Earlier, safety experts focused on increasing rates of cell phone use by motorists as the leading factor causing this increase. However, they were later able to debunk that theory because there was no increase in smartphone use during the period of time that they studied. They then changed their focus to another possible factor-the weather.

Temperature increases are likely to be at least partly the reason why we are seeing an increase in the number of people dying in traffic accidents. Warmer weather simply means more people out on the road. People drive, walk, bicycle and ride their motorcycles more in warmer weather, than in wet or snowy weather. The experts found in their analysis that pedestrians, bicyclists and motorcyclists – people who are much more likely to be out walking, riding or bicycling during warmer weather – accounted for a large percentage of traffic accident fatality fatalities during the study period.

Published on: March 21, 2018

Driving with Diabetes: Accident Risks and How to Navigate These

by Robert N. Katz, Esq.

According to the most recent statistics, more than 100 million Americans suffer from diabetes or have pre-diabetes. In Georgia, almost 1.2 million people suffer from diabetes, and an estimated 241,000 have diabetes but don’t even know it.

Suffering from diabetes can place a driver at risk for certain symptoms that can increase their chances of being in an accident. A person who suffers from diabetes may suffer from sudden low levels of blood sugar that can cause symptoms such as disorientation and confusion. This could trigger a potentially devastating medical emergency at the wheel.

Clearly, there are many motorists in who are driving under the ever-present risk of having a medical emergency at the wheel. Persons who suffer from diabetes may continue to drive, but it is important for them to understand if their symptoms are so severe that it could impact their safety and increase their accident risk. No one suggests that diabetics avoid driving. However, as with several other medical conditions, it is important for you to know if your symptoms are so severe that they could possibly cause you to black out or become disoriented.

Published on: February 21, 2018

Georgia Hospitals Rank at the Bottom of the List In Patient Safety

by Robert N. Katz, Esq.

In a 2017 report from Leapfrog Group, Georgia hospitals were listed near the bottom of the list at 40 out of 49 when it comes to patient safety. On the bright side, 14 Georgia hospitals were rated “A, ” and none of Georgia hospitals received an “F” rating.

The Leapfrog rankings are based on hospital performance in the prevention of medical errors, injuries and infections. As part of the report, grades were assigned to more than 2,600 hospitals across the country. Grades were assigned from “A” to “F,” and approximately 1/3^rd of the hospitals were graded as “A.” Leapfrog also handed out more than 660 “B” grades, 964 “C” grades and 159 “D” grades. 15 hospitals were rated “F. “

According to Leapfrog, errors, accidents, infections and injuries are some of the leading causes of injuries and fatalities in American hospitals, and patients deserve to know how the hospitals in their neighborhoods performed on important patient safety parameters.

Published on: January 25, 2018

Stress is a Major Factor in Emergency Room Medical Errors

by Robert N. Katz, Esq.

Medical errors are one the leading causes of death in the United States, and accounts for about 250,000 deaths per year. That number is almost half the population of the City of Atlanta. In fact, it is estimated that about one third of the people admitted to a hospital will fall victim to a medical error.

Stressed-out doctors are at a great risk of making errors in the emergency room where even the smallest error can translate into a fatal mistake. Managing stress effectively is critical to reducing these risks.

A new study by the BMJ Open finds that the risk of errors increases with the stress level of doctors in the emergency room. In the study, researchers obtained blood and saliva samples of 20 residents working in an emergency room. They analyzed the samples which were obtained both before and after the emergency room shifts to understand the stress levels of the doctors. They also questioned the doctors about the number of patients they treated, the number of errors made, and the number of “near-miss” incidents they experienced. A “near-miss” incident was defined as an act of omission that could possibly cause harm to patients.

Published on: November 28, 2017

Stricter State ATV Laws Can Prevent Child Injuries

by Robert N. Katz, Esq.

ATVs are the most popular off-road vehicles. However, these vehicles are far too heavy and bulky for children to handle. ATV vehicle use is linked to more than 3,000 fatalities in the United States over a span of three decades. More than 50% of these fatalities involved children.

The state of Georgia has some of the highest rates of ATV accidents involving children in the country. Lawmakers must invest time and resources in enacting legislation that sets restrictions on children’s use of all-terrain vehicles and other off-road vehicles.

Children below the age of 16 should not be allowed to operate ATVs. Unfortunately, far too many parents believe that it is safe to let their children operate such a heavy vehicle not realizing that it poses a tremendous risk of severe injuries in an accident.

Published on: November 14, 2017

Georgia Lawmakers Consider Anti-Distracted Driving Measures

by Robert N. Katz, Esq.

Lawmakers in Georgia are looking closer at steps that can be taken to strengthen the state’s laws targeting distracted driving in order to reduce the number of accidents involving electronic distractions.

In 2016, there were more than 1,500 fatalities on Georgia highways, a one-third increase from 2015. It’s not clear how many of those fatalities were directly linked to the use of electronic devices while driving. However, it is very likely that the overall national increase in traffic accident fatalities is directly linked to more motorists using cell phones and texting while driving.

In fact, statistics show that just in last year alone, the Georgia Department of Driver Services issued more than 3,800 citations to motorists who were found using phones while driving. That was an increase of more than 30% from 2015.

Published on: September 7, 2017

Benefits of Oxygen Therapy for Brain Injury Patients

by Robert N. Katz, Esq.

For years now, proponents of hyperbaric oxygen therapy have claimed the therapy can significantly help reduce the risk of long-term brain damage in persons who have suffered a brain injury. Recently, a case study of a brain-damaged three-year-old child who recovered significantly after being administered the therapy offered support for these claims. The hope is that the approach described in the case study will help other individuals who have suffered a severe brain injury. These types of injuries are common in motorcycle accidents as well as any collision which occurs when vehicles are traveling at a high rate of speed.

Claims of the benefits of hyperbaric oxygen therapy have been met with skepticism for many years, because its proponents have found it difficult to explain exactly why the treatment works in helping reduce brain damage after an injury. When these claims arise in litigation, the experts are often challenges under Daubert, a federal case that has nationally redefined when expert testimony is admissible or should be excluded. However, a number of recent studies have found that even a single session of hyperbaric oxygen therapy can significantly impact tissue recovery rates in a person with brain damage. Each session of hyperbaric oxygen therapy reduces cell death and inflammation, and boosts recovery, cell growth and repair rates. That can be seen in the rate of recovery of persons with brain damage. These studies may alter the admissibility of expert testimony since Daubert requires general scientific acceptance of principles to which an expert is testifying in court.

Experts point specifically to a recent case involving a three-year-old child who was found unconscious and unresponsive in her family swimming pool. The child had been deprived of oxygen for several minutes, and had suffered significant brain damage. There were signs of brain shrinkage, and loss of gray matter. Around two months after the injury, the child was administered hyperbaric oxygen therapy, and her doctors and parents noticed an improvement within 10 sessions of the therapy.