Wrongful Death

Published on: January 7, 2019

Traffic Fatalities Nationwide Show Downward Trend

The DOT’s National Highway and Traffic Safety Administration recently announced some welcome news for motorists, pedestrians, motorcyclists and bicyclists around the country – traffic accident fatalities for 2017 were down by 2 percent. This decline followed two prior years of large increases. The decline in fatalities also continued for the first half of 2018.

Overall, according to data from the Department of Transportation, a total of 37,133 people died in traffic accidents across the country in 2017. That was a decrease of 2 percent from the previous year. This was also in stark contrast to the 6.5 percent increase in fatalities from 2015 to 2016 and the 8.4 percent increase from 2014 to 2015. The trend also appears to have carried over into Georgia as total traffic deaths on Georgia roadways decreased in 2017 after two large years of increases in 2015 and 2016.

The data has more good news. It shows a 2 percent decrease in pedestrian fatalities. This was a traffic safety area that had been a huge source of concern for safety advocates because of the increase in pedestrian accident fatalities over the past several years. In 2017, federal authorities recorded the first decline in pedestrian accident fatalities since 2013, and that is welcome news indeed.

Published on: September 14, 2017

How Princess Di’s Tragic Death Helped To Reduce Car Accidents on French Roads

by Robert N. Katz, Esq.

August marks the 20th anniversary of the tragic death of Princess Diana. What many people are not aware of, however, is how Di’s tragic death in a Paris tunnel in 1997 significantly changed the driving landscape in France, and significantly reduced the number of car accidents.

After the accident in a Paris tunnel in 1997, French investigators came to the conclusion that the accident was the result of unsafe and dangerous driving practices. In 2002, the French government signed a number of new laws that were specifically designed to help reduce the incidence of unsafe driving. As a result of those laws, traffic accident fatalities in the country actually dropped by as much as one-third. This is a substantial reduction. According to Statista, the United States had 6.3 million car accidents in 2015. Therefore, if the United States was able to achieve a similar outcome, this would result in 2.1 million fewer car accidents each year.

In the new study, researchers claim that France’s decision to enact traffic safety laws in the aftermath of the tragic and high-profile death significantly improved traffic safety in that country, and may have helped save many lives. In fact, the study suggests that thousands of French lives could possibly have been saved as a result of these legal changes that were enacted. French road fatalities in the decades after the fatal crash fell by as much as 30% on an average, compared with an average of 15% in the United States.

Published on: April 26, 2017

Work Zone Awareness Week in Georgia

by Robert N. Katz, Esq.

Earlier this month, Georgia officials joined hands with the Federal Highway Administration, OSHA, and various other local organizations to mark National Work Zone Awareness Week.

Using the slogan Work Zone Safety Is In Your Hands, this year’s National Work Zone Awareness Week aimed at educating construction workers about staying safe when in a zone, and encouraging motorists to be more careful when they travel through these areas. Across Georgia, special safety stand-down events were conducted at work zone sites. These events encouraged employers to halt work across construction sites for one hour to pay special attention to safety practices at their construction sites. Employers used the hour to review safety practices currently in place, and to discuss potential hazards that continued to pose a safety risk to workers.

National Work Zone Awareness Week is designed to bring attention to the safety of not just construction workers in these zones, but also motorists who are traveling through these areas. Accidents that occur at construction work zones often result in serious injuries or death.

Published on: October 31, 2016

Filing a Wrongful Death Claim in Georgia

by Robert N. Katz, Esq.

Georgia’s laws clearly define eligibility criteria for a wrongful death claim. The laws also define the statute of limitations for filing a claim and allow for several different types of damages to be recovered.

Under Georgia law, the spouse of the deceased has the first claim to damages. If the spouse isn’t available, the children may file a wrongful death claim. If there are no children available to file a claim either, surviving parents of the deceased may bring a claim. If none of these parties are available to file a claim, the personal representative of the deceased’s estate can file a wrongful death claim to recover damages.

Under Georgia’s wrongful death laws, the survivors of the deceased / personal representative of the deceased’s estate can file to recover the following types of damages.

Published on: October 9, 2016

Motorcycle Accident Fatalities Increased by 10% in 2015

by Robert N. Katz, Esq.

Alarming statistics indicate that the rate of motorcycle accident fatalities in the United States in 2015 actually increased by 10% over the previous year.

The statistics were contained in a report released by the Governors Highway Safety Association (GHSA). According to the GHSA, the statistics are a very stark and clear reminder of the continuous and ongoing danger that motorcyclists face when they are riding on American roadways.

According to the statistics, there were a total of 5,010 motorcycle accident fatalities in 2015. There were 450 fewer fatalities in 2014. Overall, 2015 also marked only the third year in American history that the total number of motorcycle accident fatalities crossed the 5,000 mark.

Published on: July 8, 2016

Medical Errors Third Leading Cause of Death in United States

by Robert N. Katz, Esq.

Medical errors rank third, just behind heart disease and cancer as a leading cause of death in the United States. Those findings come from a new study by researchers at Johns Hopkins University.

According to the study, patients who suffer injuries as the result of a medical error are much more likely to die, compared to persons who suffer from respiratory diseases like bronchitis and emphysema. The tragedy is that people may take precautions in order to prevent contracting bronchitis and emphysema, or any other diseases that could result in death, but may not realize that they have a much higher chance of dying from a medical error.

The study estimates that more than 250,000 U.S. deaths every year can be traced to medical errors. There are a number of medical errors that could injure or kill a patient. Misdiagnosis or delayed diagnosis, overmedication and other types of medical errors are often serious enough to cause a patient’s death.

Published on: June 20, 2016

Troubling Increase in Motorcycle Accident Fatalities

by Robert N. Katz, Esq.

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.