Wrongful Death

Published on: January 30, 2023

Car Accident Wrongful Deaths Drop Slightly in First 9 Months of 2022

Statistics seem to show a slight drop in the number of people killed in car accidents across the country during the first 9 months of 2022, compared to the same period of time the previous year. However, the number of people killed in pedestrian accidents and bicycle accidents increased over the same period of time.

New statistics released by the National Highway Traffic Safety Administration show a very slight drop in auto accident fatalities in the first 9 months of last year, compared to the same period of time in 2019. A total of 31,785 people were killed in car accidents between January and September 2022, compared to the previous year. That was a 0.2% drop. The bad news, however, is that bicycle accident and pedestrian accident wrongful deaths continued to rise over the first 9 months of 2022 as they have for several years now.

Car accident deaths across the country and in Georgia have been at elevated levels since 2020 when the pandemic struck and lock downs were imposed. In spite of a drop in traffic volumes with few people driving on the streets, the number of auto accidents began to spike, confounding experts. Since then, we have learned that auto accident numbers began to rise in 2020 because of reckless driving behaviors, including speeding. With lower traffic volumes on the road, motorists became much more comfortable driving at high speeds, and those behaviors have continued since then. Additionally, the lack of enforcement campaigns during this time also meant more numbers of people driving without wearing their seatbelts or driving under the influence of alcohol, contributing to those high statistics.

Published on: January 23, 2023

Majority of Motorists, Pedestrians Concerned about Auto Accident Risks

by Robert N. Katz, Esq.

Fears for personal safety are widespread among motorists and pedestrians, a majority of whom in a recent survey admitted that they were very concerned about their risks of being involved in an auto accident while traveling.

The results of the survey revealed that as many as 83% of motorists and 78% of pedestrians are concerned about their risks of being involved in an auto accident while on the road. Auto safety is definitely a priority and a major concern for most American motorists, pedestrians and bicyclists. Respondents in the survey opined that safe transport should be the top most transportation safety concern for authorities, and should be given more importance than efficient commutes, sustainable transport and other initiatives.

Those fears for safety are not entirely unfounded. Americans have been treated to a variety of disquieting news articles about declining safety standards and increasing car accident deaths across the country over the past few months. In 2021, for instance, there were more than 42,000 car accident wrongful deaths recorded across the country, the highest number on record in 16 years. The number of pedestrians killed in car accidents increased by close to 12% between 2019 and 2021, and there were close to 7,500 wrongful deaths in these auto accidents last year.

Published on: November 9, 2022

Feds Launch School Bus Accident Prevention Campaign

by Robert N. Katz, Esq.

With children back at school, the federal administration is turning its attention to the critically important subject of school bus safety, starting off with a media campaign to specifically warn drivers about the most common mistakes that many of them make when encountering a stopped school bus. Unfortunately, these mistakes often result in the wrongful death from pedestrian accidents.

The National Highway Traffic Safety Administration has launched a school bus safety campaign that warns motorists about the risk to child pedestrians when they illegally pass a stopped school bus. The campaign is expected to last through the entire month of October and also coincides with National Pedestrian Safety Month which is marked in the month of October. It is child pedestrians, specifically school children getting on or off school buses, that the campaign wants to raise awareness about.

According to the National Highway Traffic Safety Administration, the greatest accident threat to school children is manifested not when they are riding on a school bus, but getting on or getting off the school bus. Georgia, as every other state in the United States, has laws that specifically prohibit motorists from passing a stopped school bus. Motorists are required to stop their car for as long as the school bus stop arm is extended. However, many motorists fail to do so every year, and these failures have devastating results. They cause pedestrian accidents that cause serious injuries to children.

Published on: October 6, 2022

Georgia Recorded 45% Increase in Pedestrian Car Accident Deaths Since 2019

by Robert N. Katz, Esq.

Georgia recorded a staggering 45% increase in pedestrian wrongful deaths in car accidents between 2019 and 2021. The state is one of the worst performing ones when it comes to controlling these fatality numbers.

Latest data by the Governors Highway Safety Association shows a dramatic increase in the number of pedestrian fatalities recorded in Georgia between 2019 and 2020. The increase was approximately 45.6% or an increase of 106 fatalities in pedestrian auto accidents between 2019 and 2021. In 2019, there were 239 pedestrian car accidents wrongful deaths in Georgia, and that number increased to 348 fatalities in 2021. That was a significant increase in 2021, compared to 2019.

In 2020, Georgia recorded 281 deaths in pedestrian car accidents, an increase of 67 from 2019, and a percentage point increase of 23.8 percent. The state performs poorly on a number of parameters. Georgia’s tally of pedestrian wrongful deaths in 2021 was the third highest increase in pedestrian car accident death numbers. Georgia had a rate of 2.62 deaths for every 100,000 pedestrians in 2020 and a rate of 3.22 deaths for every 100,000 pedestrians in 2021.

Published on: September 23, 2022

Georgia’s High Speed Limits Likely A Factor in Rural Auto Accidents

by Robert N. Katz, Esq.

Motorists in rural areas in states like Georgia that have higher speed limits in these communities are likely to be at a much higher risk of car accidents compared to motorists in those states where the speed limits in rural communities are lower. However, speed is not the only factor in the high rate of auto accidents in rural areas.

More insight about the risks of travelling on rural roads is contained in a new report by the Governors’ Highway Safety Association and State Farm. The report titled “America’s Rural Roads : Beautiful and Deadly” focuses on the high rate of car accidents in rural roads and analyses the factors in these auto accidents.

Motorists in rural Georgia may drive at a speed limit of 70 mph on most roads. That speed limit is on the higher end as the report suggests. Out of the 12 states with the lowest per capita rate of car accidents on rural roads, 7 were states with a maximum speed limit of 65 mph or less. Only two states had a maximum speed limit of 75 mph. This seems to be a clear indication that high speeds – which are very easy to achieve on low trafficked rural roads – can be a factor in these auto accidents.

Published on: September 15, 2022

Broader, Strongly Worded Anti-distracted Driving Laws Can Help Prevent Auto Accidents

by Robert N. Katz, Esq.

While many states like Georgia have enacted laws targeting the prevention of car accidents caused by distracted driving, some states have found more success in the use of these laws than others. A new study finds that the secret to the success of these laws lies in their nature as well as the words used to define them.

Georgia’s laws that ban the use of cell phones while driving specifically prohibit a motorist from using his or her hand to hold a cell phone or other device while driving a vehicle. A new study conducted by the Insurance Institute of Highway Safety finds that laws that are specifically worded to prevent motorists from using their hands to hold a cell phone or other device might be more successful in preventing these behaviors and reducing the risk of car accidents caused by distracted driving, compared to laws that do not have such specifically designed language. The most successful laws, the study finds, are those that limit the use of hands to hold a cell phone for just the barest minimum possible interaction.

Many states have found it challenging to draft laws to reduce distracted driving. Part of the challenge has been the fact that over the past decade, cell phones have gone from being devices that people used to call people and have phone conversations with them and to send text messages, to mini personal computers. Cell phones now act as cameras and GPS systems, and most Americans use them as payment portals. Most of us check emails on cell phones rather than on computers. In an environment like this, it becomes challenging to define the kind of activities that are prohibited while using a cell phone.

Published on: September 13, 2022

These Three Road Design Changes Could help Prevent Senior Pedestrian Accidents

by Robert N. Katz, Esq.

Senior pedestrians are at a higher risk of being involved in auto accidents when they are out walking. However, a new study finds that simple improvements to road design can help significantly reduce the risk for older pedestrians.

Seniors between the age of 65 and 74 have some of the highest pedestrian accident rates. In 2021, more than 700 pedestrian accidents involved persons in this age group.

In the study, researchers specifically focused on walking safety for seniors above the age of 65. They thoroughly reviewed four years worth of crash data involving elderly pedestrians involved in car accidents, and found in their analysis that specific changes made to road design could help lower the risk for senior pedestrians.

Published on: September 9, 2022

Driver Assistance Technologies Linked to 400 Car Accidents

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is reporting on close to 400 auto accidents involving cars equipped with driver assistance technologies.

Driver assistance technology is often touted as the way forward for motorist safety, and collecting data on any crashes involving these self-driving cars can be a means to help identify and prevent the kind of car accidents that result in serious injuries and wrongful deaths. As we move towards a world in which most vehicles on the road will be driverless or autonomous cars, it is important to track and identify data about auto accidents involving these cars.

In the first large -scale report of its kind released by the National Highway Traffic Safety Administration, the agency has confirmed that it has received data on close to 400 auto accidents involving driver assistance. A total of 392 car accidents involving self-driving cars have been reported to the National Highway Traffic Safety Administration. Out of these, 273 involved Tesla’s Autopilot feature. Tesla was by far the most featured car in the accident data, but these car crashes also included vehicles with driver assistance technology from other automakers, including Honda, Toyota, BMW and General Motors. Honda cars were involved in 90 of the accidents, while Subaru vehicles were involved in approximately ten of the accidents that were reported to the National Highway Traffic Safety Administration.

Published on: September 7, 2022

Women are Not Big Believers in the Safety of Driverless Cars

by Robert N. Katz, Esq.

Women remain skeptical about the safety of driverless autonomous cars. A new study finds that while men are much more likely to be impressed by the car accident prevention features of autonomous auto technology, women are much more hesitant about adopting these vehicles. Many women believe there is an increased risk of auto accidents with these types of vehicles.

According to a new study conducted by Pew Research Centre, women on the whole are far more skeptical about the benefits of driverless cars as compared to men. Several studies have pointed to the benefits of such driverless technology on our roads, including the reduced risk of auto accidents. As these vehicles become more popular and as the possibility of sharing roads with more and more driverless cars becomes more of a reality and less a distant vision for the future, it becomes important to also understand why such a large section of the population remains skeptical about their safety.

According to the Pew Research Center study, as many as half of all men believe that driving an autonomous car can reduce the risk of being fatally injured in an auto accident. However, when it came to women, only 1 in 3 women shared that view. Men are enthusiastic evangelists for the autonomous car with 37% of them strongly believing that driverless car technology is good for society while only 17% of women seemed to believe so. When asked whether they would feel comfortable sharing the roads with driverless cars once these become more popular on the roads, more than half of the women or 54% of them admitted that they would not feel safe with these cars on the road, while 35% of men admitted to feeling unsafe sharing the roads with driverless cars. Close to half or 46% of the men said that they would be perfectly comfortable being a passenger in an autonomous car, but women were very hesitant to ride in a self-driving car, with over half of them admitting that they would not be fine travelling as a passenger in a self-driving car. When it comes to driverless trucks, however, the views of men and women are more aligned. Fifty-three (53%) of the men and 66% of the women admitted that they were not comfortable with having driverless trucks on our roads.

Published on: July 29, 2022

Feds Finalize Rules to Protect Motorists in Underride Truck Accidents

by Robert N. Katz, Esq.

The administration has finalized a rule that is meant to protect motorists and drivers of light passenger vehicles from serious injuries in a truck accident with large commercial trucks for tractor trailers.

A serious underride truck accident can involve devastating personal injuries, including decapitation. In these truck accidents, the motorist may hit the back of the tractor trailer, resulting in the smaller passenger vehicle sliding under the tractor trailer. Head and neck personal injuries are common in such types of truck accidents, and decapitation is not unheard of either.

For years now, passenger safety advocates have called for stricter restrictions on the design of commercial trucks and 18-wheelers that will prevent such truck accidents from taking place. The Department of Transportation’s National Highway Traffic Safety Administration recently announced that it has finalized rules that will update the current federal standards for underride protection. As part of the rule, trucks must come with rear impact guards that will absorb the energy of the impact, and prevent motorists from sliding under the tractor trailer.