Wrongful Death

Published on: June 20, 2016

Troubling Increase in Motorcycle Accident Fatalities

U.S. authorities are reporting a disturbing 10% increase in the number of people killed in motorcycle accidents across the country in 2015. Those statistics come from the Governors Highway Safety Association, which blames alcohol and drug use, higher speed limits, and an increase in the number of states repealing motorcycle helmet laws for this increase in fatalities.

According to the statistics, there were 5,010 motorcycle fatalities in 2015. That suggests an increase of 450 fatalities compared to the previous year. What makes these numbers even more alarming is that it is only the third year in American history in which the number of motorcycle fatalities has crossed the 5,000 mark.

The GHSA believes that enacting universal helmet laws would do much to help reduce the number of fatalities in motorcycle accidents every year. Currently, 32 states have no universal helmet use laws. The Governors Highway Safety Association believes that restoring these laws would be a highly effective way of reducing the number of fatalities. In states that have such universal helmet laws, the rate of helmet use is as much as 89%. In other states, the rates hover at about 48%.

Published on: August 19, 2015

Take Precautions to Prevent Heat Stroke-Related Child Fatalities

by Robert N. Katz, Esq.

Parents, caregivers and the community at large all have a role to play in helping prevent heat stroke-related fatalities involving children left behind in cars during summer.

Those fatalities are already at record numbers in 2015. So far this year, there have been 11 fatalities involving children who were left behind in heated cars, by parents or caregivers. Recently, the National Highway Traffic Safety Administration (NHTSA) and Safe Kids Worldwide commemorated National Heat Stroke Prevention Day, and the agency specifically focused on parents and caregivers, asking them to take precautions to prevent such fatalities in vehicles.

NHTSA has also released a new technical report that would help auto manufacturers in the development of appropriate technologies to help prevent such fatalities. There is no doubt that there is much that manufacturers can do to help prevent such needless fatalities every year. From warning systems to alarms and special child car seats, manufacturers are already working on, or have introduced technology to help parents prevent such fatalities. These devices however, are intended for use as add-ons, and their effectiveness is currently being debated.

Published on: June 15, 2015

Tire Care Critical to 15-Passenger Van Safety

by Robert N. Katz, Esq.

All motorists need to pay attention to tire safety. However, in the case of 15- passenger vans, the need to take precautions to prevent tire failures and blowouts is even more severe. That’s because these vans are very likely to be involved in a potentially fatal rollover during a tire blowout.

The design of the 15-passenger van makes it much more susceptible to a rollover. These vehicles have a higher center of gravity that places them at a higher risk of flipping over during an accident. According to some statistics, 15-passenger vans with between 10 and 15 occupants on board are approximately 3 times more likely to be in a rollover accident than vans that have a maximum of five occupants. The design which is longer and taller places these vehicles at a high risk of a rollover.

When you take a van that already has these design deficiencies, and add bad tires to the mix, the consequences can be disastrous. The National Highway Traffic Safety Administration (NHTSA) is specifically calling on owners of these vans to pay special attention to tire safety this summer. These vans are typically used very heavily during summer by church groups, sporting clubs, youth groups, summer camp operators, and other organizations for trips.

Published on: August 16, 2014

Playground Accident Preventable with Better Safety Precautions

by Robert N. Katz, Esq.

It’s too late to save the three-year-old boy who died in a playground accident in Alpharetta recently. However, parents of toddlers and children who will be swarming the state’s playgrounds over the next few weeks of summer must take heed. It’s very easy, and much more common than you know, for children to suffer serious or even fatal injuries while playing at the playground.

In the Alpharetta incident, the three-year-old boy was playing on the slide when he choked on a piece of twine. The caregiver had turned her attention away from the child, and had gone inside for a moment. That is when the accident occurred. The boy was sliding down when his head got caught in the twine. When the caregiver found the child, he was hanging from the twine. He was rushed to the hospital, but died days later.The cause of death was ruled as asphyxiation.

It appears that the piece of twine was at the top of the slide, and shaped like a loop. When the child was sliding down, his head got into the loop, cutting off his air supply.At this time, no charges have been filed against the caregiver or anyone else involved here.

Published on: August 11, 2014

Georgia GHSA Spotlights Heat Strokes in Cars

by Robert N. Katz, Esq.

A growing number of incidents across the country in which young children have died after being left inside a hot car have shocked child safety advocates and parents. In Georgia, state agencies are trying to draw attention to the fact that over the next few weeks, children in Atlanta and across the State are going to be at an increased risk of dying from such preventable incidents.

The Georgia Governor’s Office of Highway Safety recently joined the National Highway Traffic Safety Administration (NHTSA) to mark National Heat Stroke Prevention Day. The goal was to increase awareness about the fact that any parent is at risk of making these dangerous mistakes. According to the NHTSA, more than 50% of all car- related heatstroke fatalities involving children are caused when a parent or caregiver unintentionally leaves a child behind in the car. In 29% of the cases, the child manages to get inside the car on his or her own, and is unable to get himself out.

This year alone, there have been 17 child fatalities from heatstroke. There is no doubt that these tragedies were all preventable. While calls for technology that could help alert parents when their children are in the backseats before they get in the car are increasing, there is no doubt that this is a problem that can be avoided by taking simple steps.

Published on: June 12, 2014

Prevent Swimming Pool Accidents This Summer

by Robert N. Katz, Esq.

Some of the most common accidents that result in premises liability lawsuits are drowning and swimming pool accidents that occur at private homes. Drownings involving pools, hot tubs and spas claim hundreds of lives every year, many of them children.According to the Consumer Product Safety Commission (CPSC), more than 3/4 of drowning accidents involve children below the age of five. The CPSC estimates that children between the age of one and five account for 67% of all fatalities in swimming accidents and 64% of all injuries.

This summer, as more families head out for fun in the water the risk of drowning accidents increases. In fact, among children below the age of five, drowning happens to be the single biggest cause of accidental death. Unfortunately, the fact is that many of these accidents occur even in the presence of parents and caregivers at the scene.There was recently a very tragic story in the news about a child who drowned while family and friends were singing happy birthday to another guest.

This summer, make pool safety a priority for your family. Swimming lessons are a great place to start. The American Academy of Pediatrics recommends that children below the age of five take swimming lessons.Besides teaching your children to swim, it’s also important to make sure that your pool is safe not only for your children, but also visiting children who may have gathered at your home to have fun this summer. Installing a fence around your pool, which is required by Georgia law, is one of the best things you can do for safety. And those fences need to be a minimum of 5 feet tall, have locking gates that swing outward, and have a certain amount of space between rails.

Published on: July 12, 2013

Significant Drop in Georgia Workplace Fatalities

by Robert N. Katz, Esq.

Last year, there was a significant drop in the number of workers killed in accidents and worksites across Georgia.In 2012, there was a 23% drop in workplace deaths compared to the previous year.

The data was released by the Occupational Safety and Health Administration.In 2012, there were a total of 33 workplace fatalities across the state.Just two weeks ago, the Georgia Department of Labor had estimated the number of fatalities at Georgia worksites at 30, and new figures by the Occupational Safety and Health Administration now peg the final number at 33.That number is still significantly lower than the 43 fatalities that were recorded in 2011.This is good news to all Georgians, and also our Atlanta workers comp attorneys.

Out of the workplace fatalities that occurred in Georgia last year, 13 occurred in the construction sector, which invariably contributes to the highest number of workplace fatalities every year.The remaining fatalities included 16 deaths in the general industry, one in the maritime trade industry, and three in the agricultural sector.

Published on: March 18, 2013

Truck Underride Guards May Not Protect Against Accident Injuries

by Robert N. Katz, Esq.

The angle of a passenger vehicle that is involved in a rear ender accident with a tractor-trailer could mean the difference between life and death for the occupants of the vehicle.This is because the underride guards that are located at the back of the tractor-trailer to protect the occupants of the passenger vehicle from serious injuries when it hits a truck don’t perform so well in many situations.

The study was conducted by the Insurance Institute for Highway Safety, which found that the underride guards located on the back of tractor-trailers, don’t always perform as well as expected in reducing the risk to passenger car occupants.

In some situations, these underride guards did a fairly good job.In the Insurance Institute for Highway Safety study, the researchers found that when the full width of the car hit the center of the trailer, the underride guards in all trucks prevented the front portion of the passenger vehicle from sliding under the tractor-trailer.A situation like this can mean almost instantaneous death for the occupants of a passenger vehicle, who may suffer serious head or neck injuries, or even decapitation.

Published on: December 17, 2012

Georgia Officials Warn of Increase in Car Accident Fatality Numbers in 2012

by Robert N. Katz, Esq.

Georgia state officials are warning about a possible increase in the number of auto accident-related fatalities for this calendar year.The numbers are expected to rise in 2012, which will be the first time the state has seen an increase in more than 5 years.

The Commissioner of Georgia’s Department of Public Safety recently announced that there has been a spike in traffic accident fatalities in the state this year.According to statistics, the state has already surpassed the accident fatality toll during the same period of time last year.

What is even more concerning to our car accident attorneys is that we are still in mid-December, and have not yet started the busiest travel season of the year.As we approach Christmas and New Year’s, there will certainly be more motorists on the road.And unfortunately, too large a percentage of these motorists will be driving under the influence of alcohol or drugs.Others will be speeding to get to their destination or party on time, and texting while driving remains a big problem in Georgia and across the country.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.