Wrongful Death

Published on: March 18, 2025

Safety Group Calls for “30 by 30” Auto Accident Wrongful Death Prevention Strategy

With hopes for a complete elimination of traffic accident wrongful deaths over the next decade fading swiftly away, the Insurance Institute for Highway Safety is calling for the adoption of a more practical and achievable short term strategy towards the attainment of the goal. Given the number of wrongful deaths which occur in car accidents, any reduction will be welcomed.

“Vision Zero” is a policy that originated first in Sweden where it was adopted by that country’s parliament with the goal of eliminating all auto accident wrongful deaths and bringing the total number of people being killed in car accidents down to zero over the next decade. That idea caught on quickly around the world as many governments announced their own plans for reducing car accident wrongful death numbers in their countries. The US too was quick to adopt the idea. The US Department of Transportation laid out the policy in detail in its National Roadways Safety Strategy in 2022. That policy outlined the framework of a plan to help eliminate the number of car accident wrongful deaths on our roads through a number of strategies, including better roads, safer vehicles and better drivers.

However, progress towards achieving zero fatalities has been very slow or minimal at best. In fact, the goal seems to be getting further and further out of reach. In 2022, for instance, the year in which the administration announced the National Roadways Safety Strategy, more than 42,500 people died in auto accidents across the country. That was an increase of nearly 30% from 2014, a mere 8 years earlier.

Published on: March 4, 2025

Enforcement is Key to Preventing Auto Accident Wrongful Deaths

by Robert N. Katz, Esq.

Enforcement of traffic laws, including those against drunk driving and speeding, need to be a major part of any auto accident prevention program by state and federal governments. These are the types of traffic law violations which lead to very serious car accidents resulting in catastrophic personal injuries and wrongful deaths.

The role that traffic enforcement can play in accident prevention tends to be a controversial topic. However, a recent piece in The Atlantic calls for increasing traffic enforcement in order to help reduce the number of people involved in serious auto accidents. The article refers to experiments in other states that have chosen to decrease traffic enforcement, consequently leading to an increase in the number of car accidents and accident – related catastrophic personal injuries and wrongful deaths in these states.

Many car accident prevention programs these days focus heavily on the role of road design in preventing car accidents. However, there are many types of accidents that are not impacted or hindered by optimum road design. For example, a large part of the spike in auto accident wrongful deaths in recent years is linked to the increase in the number of car accidents occurring at night. Many of these auto accidents are speeding- related car accidents or drunk driving auto accidents that have very little to do with road design. These accidents are often connected to low levels of traffic enforcement. Simply put, if these speeding drivers and drunk motorists are fined for violations and taken off the streets, we are more likely to see a decline in car accident numbers.

Published on: January 2, 2025

Speeding Exacerbates Pedestrian Personal Injury Risks of Taller Vehicles

by Robert N. Katz, Esq.

Earlier research indicated that it might be the taller height of large vehicles like SUVs that make them a bigger personal injury threat to pedestrians than mere vehicle weight. Now, newer studies confirm that speeding only exacerbates those risks to auto accidents involving pedestrians which often result in severe and catastrophic personal injuries.

According to a new study by the Insurance Institute for Highway Safety, speeding increases the risk that a sports utility vehicle or a pickup truck poses to a pedestrian. Exactly how much of a risk depends on the height of the vehicle. Taller vehicles that are speeding are much more likely to cause grave or fatal injury to a pedestrian when they are in a collision with them.

The size of an automobile can be a significant factor in the severity of the injuries that a pedestrian suffers in a car accident. However, the weight of the vehicle may not be as relevant since all vehicles, including smaller passenger cars, are heavier than pedestrians. What seems to significantly increase the severity of the personal injury risk to pedestrians is the height of the vehicle. Taller vehicles with a taller hood, for example, like large – sized SUVs, are much more likely to cause serious personal injuries to pedestrians because the pedestrian is more likely to suffer personal injuries to his upper body or head in such auto accidents. These are some of the most devastating injuries, and are very likely to result in catastrophic damage or wrongful death.

Published on: December 11, 2024

Plan Ahead to Avoid Drunk Driving Car Accidents This December

by Robert N. Katz, Esq.

The month of December sees some of the highest numbers of drunk driving car accidents in the year, thanks to the Christmas and New Year holidays. No wonder then that December is marked as National Impaired Driving Prevention Month.

Data suggests that the number of drunk driving car accidents on our roads is actually increasing every year. According to the National Highway Traffic Safety Administration, based on data from 2021, alcohol -related car accident numbers in December were the highest that they have been in 15 years.

All 50 states have laws in place that prohibit driving under the influence of alcohol. In most states, the legally acceptable blood alcohol concentration limit is 0.08. In fact, many agencies including the National Transportation Safety Board have gone on record calling for a further reduction in the blood alcohol concentration limit to .05. In spite of these laws against drunk driving, however, far too many motorists feel comfortable driving after having consumed alcohol, and those numbers increase in the month of December.

Published on: November 24, 2024

Most Motorists Neglect Dangers of Drowsy Driving

by Robert N. Katz, Esq.

While most motorists arrange to take alternate means of transportation when they are too intoxicated to drive, they may not be as cautious when they are sleepy and not in any condition to operate a vehicle. Unfortunately, this lack of caution results in a significant number of car accidents.

The results of a new study by the National Sleep Foundation reveals the cavalier attitude that most Americans continue to have towards drowsy driving. This is in spite of the fact that driving while sleeping or fatigued contributes to thousands of car accidents every year. Many of these car accidents are fatal while others may result in severe or catastrophic personal injuries.

The National Sleep Foundation survey found that as many as 7 out of 10 American motorists were likely to seek out alternate needs of transportation when they found themselves to be too intoxicated to drive. However, the approach to drowsy driving was markedly dissimilar. Only four out of every 10 American motorists, who had not had enough sleep and were too sleepy to drive, admitted to finding alternate modes of transportation.

Published on: November 8, 2024

Strong Helmet Laws Can Prevent Motorcycle Accident Wrongful Deaths

by Robert N. Katz, Esq.

Thousands of motorcyclist lives could have been saved in motorcycle accidents over several decades if universal helmet laws had been in place in all U.S. states. Unfortunately, without these laws, many people were killed or suffered brain damage unnecessarily in motorcycle accidents.

A new study conducted by the Insurance Institute for Highway Safety finds that as many as 11% of all motorcyclist and rider deaths over a period of close to 5 decades could possibly have been prevented if universal motorcycle helmet laws had been place in all states. According to the Insurance Institute for Highway Safety study, more than 22,000 motorcyclist lives could have been saved between 1976 and 2022 if all states had universal helmet laws. That means that about 11% of all motorcyclist wrongful deaths during this period of time could have been prevented.

Wearing a helmet can significantly help reduce a person’s chances of being killed in a motorcycle accident, just like seat belts can help save motorist lives in car accidents. In spite of that fact, all states have laws that require motorists and passengers to wear seat belts while driving, but only 17 states and the District of Columbia have laws requiring all motorcyclists and riders to wear helmets while riding.

Published on: October 4, 2024

Decline in Auto Accident Wrongful Deaths During First Half of 2024

by Robert N. Katz, Esq.

Preliminary statistics by the National Highway Traffic Safety Administration show a drop in the number of people killed nationwide in auto accidents during the first 6 months of 2024. This is the 9th consecutive quarterly drop in car accident fatality numbers. It is important to better understand why this drop in auto accident wrongful deaths occurred and to continue to work to improve the numbers.

The National Highway Traffic Safety Administration recently released encouraging news in the form of car accident data for the first half of 2024. The statistics show that there was a 3% drop in the number of auto accident fatalities during the first 6 months of 2024, compared to the same period of time in 2023. The data reveals that there were 18,720 deaths in car accidents between January and July of 2024. This was a drop from the 19,330 deaths that were recorded during the first 6 months of 2023.

This drop came even as there was a slight increase in the number of vehicle miles traveled by Americans in the first half of 2024, compared to the same period of time last year. This year, Americans traveled approximately 0. 8% higher number of vehicle miles or 13.1 billion extra miles, compared to the same period of time in 2023. Overall, 32 states recorded a drop in auto accident deaths during the first half of 2024. This included the state of Georgia which recorded 696 deaths in car accidents during the first six months of 2024, in comparison with 762 deaths during the same period of time last year.

Published on: September 20, 2024

New Bill Would Require SUVs, Trucks to Protect Pedestrians

by Robert N. Katz, Esq.

A new bill that is expected to be introduced soon would require federal standards for the heights of SUVs and pick-up trucks to also consider pedestrian safety. This is an extremely important change which is likely to save lives in auto accidents involving pedestrians and bicycles.

According to Representative Mary Gay Scanlon (D-Pennsylvania), who is introducing the new bill, while there is much that is currently being done to protect occupants inside the vehicle, there is much more that can also be done in order to protect vulnerable users like pedestrians and bicyclists who are outside the vehicle when auto accidents occur.

The popularity of pick-up trucks and SUVs has skyrocketed in the past few decades, and these are some of the most in-demand automobiles on the American roads. Unfortunately, while these are very popular vehicles, their presence on our roads also pose a serious danger to motorists, pedestrians and bicyclists. Their large sizes and bulk makes it much more likely that occupants of smaller vehicles will suffer serious personal injuries or wrongful deaths when they are involved in an auto accident with these large SUVs and trucks. There is immense danger to pedestrians and other vulnerable users like bicyclists who are involved in auto accidents with these vehicles.

Published on: September 12, 2024

Minority Groups Disproportionately Affected by Increase in Car Accidents

by Robert N. Katz, Esq.

Minority groups, including blacks and Hispanic Americans, seem to have been disproportionately affected by the increase in fatal car accidents recorded across the country during the pandemic.

According to new studies, black and Hispanic Americans as well as people with lower educational attainment were the most likely to suffer an impact from the increase in auto accidents between 2020 and 2022. This period of time recorded a significant increase in car accidents with new research from the AAA Foundation for Traffic Safety stating that as many as 114,000 people were killed in auto accidents between May 2020 and December 2022. This was a staggering 17% jump in the fatality numbers from before the pandemic.

Teens between the ages of 16 and 19 took the top spot in auto accident wrongful deaths. Overall, young persons between the ages of 20 and 24 also recorded very high increases in car accident numbers during this time. Male drivers were also much more likely to suffer fatal personal injuries in auto accidents between 2020 and 2022, exceeding estimates by as much as 14%.

Published on: August 27, 2024

Five Tips to Prevent Driving While Drowsy

by Robert N. Katz, Esq.

According to the National Highway Traffic Safety Administration, car accidents caused directly by drivers who were drowsy at the wheel caused 693 wrongful deaths in 2022.

Drowsiness due to lack of sleep could be because of overwork, a new baby, stress, or a hectic social life. Whatever the reason, the consequence is fewer hours of sleep. Sleep advocacy groups, including the National Sleep Foundation, recommend 8 hours of sleep for the average American adult. Unfortunately, far too many drivers are getting less sleep than the recommended amount, which means that many of them are driving at less than optimum levels of wakefulness and alertness in the morning.

Even getting one hour less sleep a night can affect a person’s ability to drive safely. Drowsiness can mean irritability which, in turn, can affect your judgment and reasoning behind the wheel. It can also mean an inability to pay attention to visual cues on the road, and failure to respond appropriately to stop signs. It can mean getting lost while driving the wrong way, or driving at high speeds.