Wrongful Death

Published on: March 20, 2011

Untested Car Safety Seats Could Cause Injuries in Atlanta Car Accidents

The role of car safety seats in preventing injuries to children in an auto accident is one that no Atlanta injury lawyer would deny.According to the National Highway Traffic Safety Administration, between 1988 and 1994, the use of car seats led to a 73% drop in infant wrongful deaths and a 54% drop in car accident related injuries in children between the age of one and four.However, not all car safety seats may have been tested and approved to be safe for your child.

The Washington Post warns parents against assuming that the car seat that they’re using for their child will protect them from injuries in the event of an accident.The seats that the National Highway Traffic Safety Administration regulates are only tested for protection in a front impact collision.The seats are not regulated against side-impact, rear end or rollover accidents.This is in spite of the fact that the risk of injuries and fatalities is often much higher in a rollover accident or a side-impact accident than a front impact collision.

One of the reasons why the federal agency has failed to regulate the effectiveness of car seats in these kinds of accidents is the lack of proper-sized crash test dummies.That is also the reason why the agency has failed to regulate the safety of large-sized car seats that are used for toddlers above 65 pounds.There’s a growing class of overweight children who are too heavy for infant car seats, and too young for seat belts.Car seat manufacturers have been marketing larger-sized car seats for children of this size, but the NHTSA has failed to regulate the effectiveness of these seats.One of the reasons has been the failure to develop a crash test dummy of an appropriate size.

Published on: February 23, 2011

Worker Killed in Forsyth County, Georgia Construction Accident

by Robert N. Katz, Esq.

There has been yet another construction worker death linked to a trench collapse accident in Georgia. These types of construction accidents often result in the wrongful death of the worker or serious injuries. Unfortunately, workers compensation benefits fail to truly compensate the family of the worker since the workers comp statute provides for such a limited payment for the death of the construction worker. One of the things that Georgia needs to revise is the death benefit provided under the workers compensation laws for a worker’s family. Of course, the family may or may not have an injury claim, but that will depend on whether any third party may be held liable for the workers’ wrongful death.

According to authorities in Forsyth County, the man from Covington, Newton County was working in a trench when the walls begin to collapse. Personnel from the Forsyth County Fire Department rushed to the scene, but by the time rescue crews arrived, the man had been completely buried under the soil.

The crews managed to clear the soil from his head and shoulders, but by then, the man has succumbed to his injuries. At the time of his death, it had been more than one hour since the collapse. The Occupational Safety and Health Administration has begun an investigation into the construction accident.

Published on: February 10, 2011

Man in Fatal Atlanta Auto Accident to Serve 10 Years in Prison

by Robert N. Katz, Esq.

The motorist, who was convicted of DUI (driving under the influence) and causing a wrong way driving auto accident that killed a woman on an Atlanta highway, will spend 10 years in prison. The motorist Theus Monroe was driving the wrong way on Interstate 85 in December 2009, when his vehicle crashed head-on into another vehicle. In that vehicle was Jazmine Zachary, who sustained fatal injuries in the crash. She was 25 years old at the time of her wrongful death.An investigation later revealed that Monroe was not only driving under the influence of alcohol, but was also high on drugs at the time of the car accident.

A Fulton County judge this week sentenced Monroe to a maximum sentence of 17 years in prison. However, Monroe will only serve 10 years, and have an additional year of drug rehabilitation. The sentence was a bit of a disappointment for the victim’s family who wanted that Monroe be ordered to serve the entire 17 years.

Atlanta car accident attorneys often see that intoxicated driving is the main factor in accidents caused by motorists driving the wrong way. These are typically fatal accidents, or high-impact auto accidents that end with serious injuries. Drivers, who are in the path of a motorist traveling the wrong way, don’t expect to see a driver headed in their direction, which takes them by surprise, leaving them with no time to avoid the wrong way driver. The potential for severe injuries and fatalities also increases because these are typically high-speed, full impact, head-on crashes. Wrong way driving accidents are also sometimes linked to drowsiness, when motorists miss a sign or signal because they are dozing off at the wheel.

Published on: February 2, 2011

Cobb County Bus Driver Charged after Pedestrian Accident

by Robert N. Katz, Esq.

The driver of a Cobb CountyTransit bus, which was involved in a serious pedestrian accident last week that left a pedestrian with an amputated leg, has now been charged. Atlanta police have charged the driver, Jean Lewis with failure to yield to a pedestrian on a crosswalk and failure to exercise due care. Of course, pedestrian accidents are more often involve the most serious injuries.

Lewis was driving a Cobb County transit bus when it struck a 54-year-old pedestrian. The bus struck the woman as it was turning left at a light. According to witnesses, the woman apparently saw the bus pulling out of the Hamilton Holmes Marta Station, and tried to walk faster, but she was struck by the rear of the bus, and fell to the ground. She suffered a severe leg and a broken ankle. According to Cobb County Representatives, the driver will be removed from service, pending completion of the investigation.

This pedestrian accident comes as the National Highway Traffic Safety Administration reports on an increase in pedestrian wrongful deaths around the country. The increase is minimal, just .4%, but it comes after four continuous years of declining pedestrian accident deaths.

Published on: February 1, 2011

Georgia Ranks above National Average for Auto Accident Wrongful Deaths

by Robert N. Katz, Esq.

The state of Georgia ranks at number 32 in a USA Today compilation of states based on auto accident death rate per 100,000 population. In 2009, 1,284 people died in car accidents in Georgia, and the state had a death rate per 100,000 population of 13.1. That is much above the national average of 11 per 100,000 population. Of course, a significant number of deaths generally occur in urban areas such as Atlanta, Georgia.

Georgia and other states like Alabama, Louisiana, Mississippi and Delaware with strong rural neighborhoods seem to have high death rates in car accidents. The reason for this, according to the USA Today report, could be the fact that many of the states with significant numbers of wrongful deaths due to car accidents have large rural communities.

Most of the traffic in rural communities plies on two-lane roads. These roads typically tend to be poorly designed, and lack the safety enhancements and engineering that make urban roads safer. It’s no coincidence that the states that have featured at the top of the list (ie: least deaths), like Washington DC and Massachusetts have more urban roads.

Published on: January 27, 2011

Slight Decrease in Pedestrian Accident Deaths in Atlanta and throughout Georgia

by Robert N. Katz, Esq.

There was a slight drop in the number of pedestrians deaths in auto accidents in Georgia in the first half of 2010. Last year, we had 77 pedestrian deaths in the first six months in auto accidents, compared to 78 pedestrian deaths in 2009. That is a very tiny decrease, but it is still better than the overall national picture, which actually shows an increase in pedestrian deaths in 2010.

Across the country, there was a .4% increase in pedestrian accident fatalities in the first six months of 2010. That increase came after several half-yearly estimates that showed a decline in pedestrian accident deaths over the past four years. The feds are at a loss to explain this increase. . An increase of .4% may not seem like much, but for any Atlanta pedestrian accident lawyer, any sudden spike like this should sound alarm bells.

One of the theories that are being thrown about for this increase in pedestrian accident fatalities, is simply more numbers of people taking to the streets. First Lady Michelle Obama has a nationwide anti-obesity campaign in full swing, and part of that includes Americans getting out of their cars and walking to work. Besides, the National Highway Traffic Safety Administration is pointing to an increasing number of pedestrians plugged to their music systems, smart phones and other gadgets while walking. A distracted pedestrian is at a much higher risk of being injured in an accident.

Published on: January 26, 2011

NSC Statistics Show Decline in Georgia Auto Accident Fatalities

by Robert N. Katz, Esq.

New figures from the National Safety Council show that auto accident deaths in Georgia declined during the first 11 months of 2010. According to the report, there were 1,121 auto accident deaths between January and November 2010, down from 1,165 during the same period time in 2009, and 1,323 deaths during the same period of time in 2008. Overall, statistics for Georgia show a 15% decline in the number of attacks between January-November 2008 and January-November 2010.

Georgia statistics mirrored a nationwide trend. Overall, motor vehicle accidents across the country declined by approximately 4% in the first 11 months of 2010. As of November 2010, there were 31,740 accident fatalities.

This year, the National Safety Council adopted the concept of “medically consulted injuries” to define the injury impact of these accidents. According to the National Safety Council, a medically consulted injury is any injury that is deemed serious enough to require the attention of a medical professional. Between January and November 2010, there were 3, 100,000 medically consulted injuries arising from auto accidents. Further, auto accidents in 2010 lead to total costs of $216.5 billion. These include medical expenses, employer costs, lost hours and lost productivity.

Published on: December 4, 2010

ENA Scorecard Shows Georgia Could Do Better at Preventing Accident Deaths

by Robert N. Katz, Esq.

Preventing deaths from auto accidents, truck accidents, motorcycle accidents and bicycle accidents needs to be a top priority in Atlanta and throughout Georgia. A report by the Emergency Nurses Association, which rates states based on how they fare on 14 established criteria, shows that Georgia performs quite well on the parameters, but still has work to do.

The report by the ENA compares all 50 states, and rates them based on how they perform against the following criteria:

1. The existence of primary enforcement seat belt laws

Published on: November 5, 2010

Carrollton Wrongful Death Accident Trial Scheduled for February

by Robert N. Katz, Esq.

The trial of a Carrollton man, who allegedly caused a fatalauto accident that killed a 16-year-old pedestrian, has been scheduled for February 7.

In October, John David Hickman was indicted in the wrongful death of 16-year-old Lawrence Ray Harrison.In June, Harrison and his friend, Thomas David Smallwood were pedestrians on the street when they were struck by an auto being driven by Hickman.Harrison received the brunt of the impact from the accident, while Smallwood was struck by the car’s rear view mirror.Harrison died of his injuries soon after.

Hickman allegedly fled the scene of the accident, but returned to the accident scene soon after.According to troopers who reported to the scene of the accident, he admitted that he had prescriptions for muscle relaxants and sleeping pills, but he denied driving under the influence of medications.

Published on: November 4, 2010

Is “Zero Accident Deaths” an Attainable Goal?

by Robert N. Katz, Esq.

As Atlanta car accident attorneys, we have been very pleased at the fact that there has been a decline in the number of fatalities caused by auto accidents every year, over the past few years.The year 2009 saw the numbers of such auto accident fatalities drop to their lowest levels in decades, with over 33,000 deaths.The federal administration has, in the past, discussed a nationwide initiative to focus on getting those highway accident deaths to zero.The Federal Highway Administration is finally embarking on this ambitious initiative, and has announced its decision to launch an effort called, quite simply, Towards Zero Deaths: A National Strategy on Highway Safety.

The goal aims to create a nationwide strategic highway safety plan that can be implemented with the aim of minimizing highway accident fatalities to the maximum.Last year, a workshop in our very own Savanna, Georgia had safety participants from around the country discussing ways to develop and implement such a plan.More than 70 agencies took part in that workshop, and the discussion was so fruitful, that the Federal Highway Administration has now decided to launch this nationwide effort.

So, what will a program like this include?The plan is to slowly bring about changes to American safety culture by focusing on stronger leadership and community participation.The program aims to include better highway safety through engineering (better construction design and maintenance) enforcement of laws, education of motorists, motorcyclists and pedestrians, stronger emergency medical services to prevent deaths after an accident, stronger public health initiatives, enhanced communication services and other measures.The ultimate goal is to save lives every time there is an accident.