Wrongful Death

Published on: March 5, 2024

Record Driving Rates Spur Fears of Spike in Car Accident Risks

Just over a month into 2024, and road transportation authorities are already reporting record driving volumes across the United States. As historically seen, high rates of driving typically translate into a higher rate of car accidents.

According to the Department of Transportation, in 2023, US drivers took to the roads in record numbers, traveling 3.263 trillion miles. That was a significant increase of 2.1% and a new yearly record. Overall, according to transportation authorities, road travel across the country last year increased by 67.5 billion miles with an increase of 2.2% in December. Travel is back not just to pre – pandemic levels, but also higher than the levels recorded before 2020.

There have been a couple of solid reasons for the increase in vehicular traffic. Foremost has been the return to the workplace for many American workers. Employers are terminating their work from home phases, and companies are actively encouraging their employees to return to offices. In an uncertain job market, many employees have chosen to obey the call to return to the workplace, rather than insist on a work from home arrangement. That has meant more congested car traffic in Georgia and across the country. Holiday traffic in 2023 was also at significantly high volumes, and many Americans who had been limited by their ability to travel since 2020 chose to travel during holidays to meet family and friends. Adding to the desire to travel by road has been significantly lower gasoline prices. Low gas prices typically translate into higher road travel for Americans.

Published on: February 14, 2024

Massive or Large Cars are a Major Car Accident Risk on Georgia Roads

by Robert N. Katz, Esq.

While car accident wrongful death numbers in the rest of the developed world have been falling significantly, they have actually been on the rise in the United States. Part of the reason for this, experts say, is the presence of massive or large automobiles on our roads.

Tall SUVs are extremely popular, and have been so for decades. The race to make these cars bigger and better has, unfortunately, resulted in serious safety consequences for motorists and pedestrians. Some of these tall trucks, especially those with blunt trunks, aim directly at the torso or neck of the average American woman. The height of these vehicles makes it almost impossible for motorists to see shorter pedestrians, like young children behind the car. Even more devastating is the kind of impact that an auto accident with one of these monster-sized cars can result in. An auto accident with a smaller car may leave passengers suffering injuries in the leg, while an accident with a tall pick up truck or SUV can leave a passenger with personal injuries to the upper torso or the head and neck, and these personal injuries can be infinitely more serious. They are often also fatal.

Not only are these cars bigger and stronger, but they also come with large blind zones in front of the vehicle. That means they are at risk of causing severe and catastrophic personal injuries to vulnerable users of the road like pedestrians, motorcyclists and bicycles involved in an auto accident with these tall pickup trucks and SUVs. Of special worry is the large blind zone in front of these large vehicles. In one study, experts wanted to study how difficult it is for the driver in one of these cars to identify child pedestrians in front of the car. The experts made children sit in a row in front of the car. They found that a woman driver sitting in the driver’s seat was only able to see the 10th child in the row. Even an alert driver may not be able to identify child pedestrians in front of the car. The kind of car accidents that these large cars cause are devastating and often result in deaths.

Published on: January 25, 2024

The Impact of Automated Enforcement on Minimizing Car Accidents

by Robert N. Katz, Esq.

The use of automated enforcement like red light camera systems can be a sensitive and touchy subject for most Atlanteans, but as federal administration officials focus harder on preventing auto accident wrongful deaths and serious personal injuries, the presence of such systems on American roads is only likely to increase.

A recent report by the Governors Highway Safety Association and State Farm focused on the various types of automated enforcement systems that are currently in place on American roads, effectiveness of these systems and the sensitivities involved in the implementation of these systems. The most common automated enforcement technologies currently on our roads include red light camera systems, speed camera systems and school bus stop arm camera systems. Some jurisdictions have also begun preliminary experimentation with cameras to identify when people are driving without seatbelts and when motorists are using cell phones while driving.

The need for automotive enforcement, especially speed camera systems, has become even more dire over the past few years as speeding rates across the country have skyrocketed. The number of people being killed in car accidents directly related to speeding has also increased. Law enforcement departments across the country have been struggling with reduced staffing, and that has meant departments looking more and more towards the use of automation to help with enforcement.

Published on: January 11, 2024

Multiple Car Accident Deaths Reported Across Georgia over Thanksgiving

by Robert N. Katz, Esq.

First responders attended to multiple victims of car accidents across Georgia over the Thanksgiving holiday weekend.

Across Georgia and the country, law enforcement authorities were reporting record volumes of traffic. More than 55 million Americans are reported to have travelled over the holiday weekend. Unfortunately, as is often the case, large volumes of traffic make for greater numbers of auto accidents. In Georgia, the scene was no better as more than 23 accident fatalities were confirmed over the Thanksgiving holiday weekend. This year, the holiday weekend stretched from 6:00 pm on Wednesday to 11:59 p.m. on Sunday.

Apart from the 23 wrongful deaths, numerous other persons are reported to have suffered personal injuries in these car accidents. At least one busy interstate had to be shut down for 7 hours after a car accident involving an 18 -wheeler and an SUV. At least five out of the 23 fatalities occurred in a single car accident.

Published on: December 25, 2023

GHSA: Dip in Fatal Teen Car Accidents

by Robert N. Katz, Esq.

There is good news for teen motorists – a category of drivers that is traditionally one of the most at risk groups for car accidents. The Governors Highway Safety Association in a recent report announced that there has been a significant drop in the number of fatal car accidents involving young motorists.

The Governors Highway Safety Association recently released the findings of a new report titled Young Drivers and Traffic Fatalities: 20 Years of Progress on the Road to Zero. The report finds that there was a 38% drop in the number of fatal car accidents involving teenage drivers since 2002. During the same period of time, there was actually an increase of 8% in the number of fatal car accidents involving older drivers above the age of 21. There was also a significant 45% drop in the number of teen car accident wrongful deaths during the same period of time, compared to a spike of 11% in car accident deaths for older drivers above the age of 21. Traditionally, teenage drivers have had a car accident wrongful death rate that is four times higher than for drivers above the age of 21.

A number of factors could possibly have impacted this significant drop in fatal car accidents involving teenage drivers. The Governors Highway Safety Association makes note of the fact that teenage drivers are driving at lower volumes than they used to in 2002. The organization also believes that this has contributed to just a very small percentage of the staggering drop in fatal teen car accidents. The Governors Highway Safety Association believes that much of the drop has to do with the fact that so many states like Georgia now have solid Graduated Drivers’ Licensing programs in place. These programs place significant restrictions on a teenager’s ability to drive independently including restrictions on the ability to drive at night and drive with teenage passengers in the car. However, most of these Graduated Drivers’ Licensing programs apply to drivers below the age of 18, and the report recommends that states extend these programs to drivers between the ages of 18 and 20 in order to reduce those accident risks further.

Published on: October 2, 2023

Federal Government Proposes Increased Nursing Home Staffing Standards

by Robert N. Katz, Esq.

The U.S. Department of Health and Human Services (DHHS) recently announced a proposed rule that would set minimum staffing requirements for nursing homes across the country. Regulators believe that this would help increase standards of care for the elderly and sick at these facilities, and prevent nursing home neglect. Unfortunately, low standards of care often result in falls with fractures, decubitus ulcers (bed sores), amputations and wrongful death.

There are currently more than 1.2 million people who are cared for at one of the country’s 15,000 nursing homes. The standards of care for all these patients would be directly impacted by the new regulation. The US Department of Health and Human Services says that the rule would, for the first time ever in history, propose a minimum staffing requirement for nursing homes. Poor staffing and poorly trained staff is often the main reason persons in nursing homes suffer abuse and personal injuries.

This would include a requirement that the facility have a registered nurse on staff 24 hours a day, every single day. It will also require and set a minimum standard of 3 nursing hours for every resident at the facility. That includes 0.55 hours of care per registered nurse per resident per day and 2.45 hours of care by a nurse aide per resident per day. In addition, nursing facilities may also be required to provide more than the minimum staffing requirements in case of specific patient needs.

Published on: September 25, 2023

Increase in Fatal Slip and Fall Accidents Among Seniors

by Robert N. Katz, Esq.

American seniors are suffering slip and fall injuries at much higher rates than just a couple of decades ago. According to a new study, there has been a two – fold increase in the rate of fatal slip and fall accidents involving seniors since 1999.

The study focused on seniors above the age of 65, and found that fatal slip and fall accident rates have risen for both males and females and across all racial groups. The study found that in 1999, there had been 10,100 deaths from slip and fall accidents involving seniors, and in 2020, that number had increased to 36,500. The rate of slip and fall – related deaths involving this very vulnerable age category increased from 29 for every 100,000 persons in 1999 to 69 for every 100,000 persons in 2020.

White males recorded the highest increase with approximately 78 deaths for every 100,000 persons in the year 2020. Death rates also increased for other categories, including Hispanics and African American seniors. Obviously, these results are concerning, and even more so because they do not seem to be talked about enough. Senior slip and fall risks are not much of a priority for health authorities, and the results are clear to see.

Published on: September 19, 2023

Threat of Drunk Driving Auto Accidents Looms Over Labor Day

by Robert N. Katz, Esq.

Statistics from last year show that Labor Day was the second deadliest holiday in the United States in 2022, and this year, with the incidence of drunk driving on the rise, the risk of alcohol – related car accidents has never been higher.

Last year, one study by a car insurance app found that the Labor Day Holiday weekend ranked second only to the Thanksgiving holiday weekend in the number of fatal car accidents recorded. The study analyzed data between 2011 and 2020, and found that the Labor Day holiday was the second most dangerous holiday in the country. Over the study period, the data showed that more than 4000 people were killed in car accidents over Labor Day, many of them caused by drunk drivers. Approximately, 25% of deaths involved teens and young people in their mid 20s. About 70% of this category of drivers were male. The second most at- risk category of drivers during the Labor Day holiday were drivers between the age of 26 and 35.

Drunk driving is likely fueling this increase in car accident deaths. Recent data shows that driving under the influence of alcohol is actually on the increase across the country. Between 2020 and 2021, there was an increase of approximately 14% in fatal alcohol – related car accidents. Overall, there was an increase of approximately 10% in car accident deaths during the same period of time. Clearly, the role of alcohol in causing car accidents is increasing, and this is a cause of concern.

Published on: September 15, 2023

Feds Propose Seatbelt Warning System for Rear Seat Passengers

by Robert N. Katz, Esq.

The federal administration is proposing a new seatbelt warning system that would apply to occupants of the back seat as well as the front seat passenger. It is a move that could significantly help reduce the number of people killed in car accidents on America’s roads every year. It is important to keep in mind that persons in the rear seats are injured in car accidents, especially in rear-end accidents and T-bone accidents.

In 2021, according to the National Highway Traffic Safety Administration Acting Administrator, approximately 43,000 people were killed in car accidents and approximately 50% of them were not wearing seatbelts at the time of the auto accident. Their chances of surviving the crash could have significantly improved had they been buckled in. Unfortunately, the current law only requires seat belt reminder systems for drivers, but has no such requirements for front seat passengers as well as occupants of the rear seat of the car. These people are also at a very high risk of suffering fatal injuries in the event of an auto accident.

The National Highway Traffic Safety Administration recently issued a Proposed Rule which requires motor vehicles weighing up to 10,000 pounds to have seatbelt reminder systems for all passengers in the car, including front seat and backseat passengers. The requirement would require a visual alert that would go on for approximately 60 seconds and would alert the driver to the status of rear seatbelt usage. It would also require an audible alert that would alert the driver when a backseat passenger removes the seat belt while the vehicle is in operation. The rule would also require an audio visual alert system for the right front seat passenger to buckle his seatbelt. Auto manufacturers would have the flexibility to decide how frequently and how loud the audible reminder system should be.

Published on: August 22, 2023

Hot, Polluted Days May See Increases in Dog Bite Risks

by Robert N. Katz, Esq.

Summer is when there is an increase in dog bite attacks across Georgia, possibly due to the fact that more people are out during this time and in contact with dogs. However, the weather may play a much bigger role in the increase in dog bites during the summer months than earlier believed. Unfortunately, dog bites often result in serious personal injuries.

According to the results of a new study that was published recently, hot weather may cause aggression in dogs just the same way as it does in humans. When temperatures are higher, human beings are likely to become irritable and aggressive. They may suffer from disturbed sleep during hot days which causes increased irritability and discomfort. Incidents of road rage, for instance, are likely to peak during summer months. Several studies have underlined this fact. However, there have not been enough studies done to understand the impact of higher temperatures on animals like dogs.

The researchers focused on 8 metropolitan American cities, and extracted data on dog bite attacks that occurred in these cities over a 10 – year period. They found more than 69,000 bites occurred in these cities over the time period. When the researchers drilled down further into the data, they found that dog bites were more likely to occur not only when temperatures were higher, but also when there were higher UV levels. In short, they found a link between higher temperatures, ozone and higher levels of air pollution and increased attacks by dogs.