Wrongful Death

Published on: December 16, 2011

Wrongful Death of Police Officer in DeKalb County Wrong Way Driving Car Accident

A police officer was killed, and another person suffered personal injury in a car accident that police are now blaming on a wrong way driver.The crash occurred on westbound interstate-20 early in the morning.

According to DeKalb police, the driver of a westbound vehicle crashed into a sports utility vehicle that was traveling eastbound in the westbound lanes.The driver of the westbound car sustained fatal injuries in the crash.The wrong way driver also suffered injuries in the auto accident.

Investigations into the car accident have begun, and investigators now believe that the driver of the sport-utility vehicle was traveling in the wrong direction.These investigations are likely to also include blood-alcohol tests to determine if the driver was driving under the influence of alcohol.

Published on: October 14, 2011

Woman Killed in Henry County Car Accident

by Robert N. Katz, Esq.

A woman was killed and her five-year-old son suffered a personal injury in a car accident in Henry County last week.The accident occurred on Georgia Highway 20 near McDonough.According to police, a Chrysler station wagon crossed the centerline, and crashed into a Chevrolet Silverado being driven by the victim.The woman sustained massive injuries, and was rushed to the hospital, but succumbed to injuries later.Her five-year-old child was in the backseat, and also suffered injuries in the auto accident. Given how the accident unfolded, a wrongful death and personal injury claim appear likely.

The driver of the station wagon suffered injuries, and was taken to the Atlanta Medical Center.Police are still trying to determine whether to press charges against her. Georgia’s laws allow survivors of victims of a car accident to file a claim for wrongful deathdamages.Under Georgia’s laws, only certain individuals can file a wrongful death claim for monetary damages.For instance, in the case of an adult victim, his spouse and children have the right to pursue a wrongful death claim, but the spouse controls the any lawsuit.However, when the deceased is a child, the parents have the right to file a claim.When a person dies in a car accident and does not leave behind parents, spouse or children, then his estate has the right to file a wrongful death claim against the motorist responsible for the accident.

In addition to a wrongful death claim, the heirs may also pursue a separate “estate claim.” A wrongful death claim allows a person to recover for the full value of someone’s life, while an estate claim permits the estate to recover for economic losses such as medical expenses and funeral bills as well as for pain and suffering.In some cases, an “estate claim” may also include a claim for punitive damages.Punitive damages are awarded in rare circumstances where the defendant has been found to have acted intentionally, willfully or with a conscious disregard for the consequences of their conduct. Most punitive damage claims fall in this last category.

Published on: October 9, 2011

Atlanta Lawyer Sentenced in Drunk Driving Accident

by Robert N. Katz, Esq.

A former Atlanta lawyer, who was involved in a deadly drunk driving accident that killed one person, has been sentenced to 25 years in prison. Car accidents of this nature often end tragically with a severe personal injury or wrongful death. Of course, this particular accident was clearly preventable and should never have occurred.

The accident occurred on October 1, 2006 when the man ran a red light and crashed into a taxicab. The crash killed a thirty-one-year-old woman and left two men severely injured.The victim left behind a three-year-old daughter and a seven-year-old son.

The lawyer pleaded guilty to vehicular homicide and serious injury by vehicle while driving under the influence.It later emerged that he had four prior DUI offenses on his record.In fact, on the day of the accident, he was on probation from a previous DUI, and had been ordered not to drive.

Published on: September 26, 2011

Three Teenagers Killed in Clayton County Pedestrian Accident

by Robert N. Katz, Esq.

A third teenager has succumbed to his injuries after a deadly pedestrian accident in Clayton County.Two other teenage pedestrians were also killed in the car accident last Thursday. The Atlanta Journal-Constitution has confirmed the death of the third teenager, a seventeen-year-old boy.The boy had suffered a serious brain injury in the accident.The boy and his two friends, aged sixteen and seventeen years old, were walking along GA 158, when they were struck by a car being driven by forty-eight-year-old Priscilla Diane Johnson.The impact left the boys with serious injuries.One of them died at the scene of the accident, while the other was rushed to Grady Memorial Hospital, and succumbed to his injuries there.The third victim died on Saturday morning.

According to police, Johnson had been talking on a cell phone at the time of the accident.She had also taken antidepressant medications just before the accident.She now faces a number of charges, including vehicular homicide, driving under the influence, and hit and run.Police also believe that she was driving under a suspended license.Additionally, she faces charges of reckless driving as well charges related to cell phone use while driving and lack of insurance. Personal injury attorneys have repeatedly warned about the dangers of distracted driving as well as driving under the influence of medications. Unfortunately, these tragedies will continue to occur until we toughen our laws in these areas.

According to one of her friends, at the time of the accident, she was on the cell phone having a quarrel with her husband.The friend has confirmed that she had taken antidepressants before she started driving, and had been impaired at the time of the accident.

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

by Robert N. Katz, Esq.

In effect in Washington as of July 22 of this year, “Hailey’s Law” mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: September 12, 2011

US Could Learn Lessons in Preventing Car Accidents from Other Countries

by Robert N. Katz, Esq.

The United States lags behind several other countries, including those in Europe and Asia in reducing the number of auto accident relatedwrongful deaths. According to the Insurance Institute for Highway Safety, this country could be doing a much better job of saving more lives and reducing the number of personal injuries in accidents every year.

It may seem like there’s been much progress in reducing accident numbers in the United States.After all, auto accident wrongful death numbers in this country have been on the decline over the past decade, and last year, were at their lowest levels since record keeping began.With statistics like this, it’s easy for Atlanta car accident lawyers and motorists to become complacent, and believe that American drivers are much safer than anywhere else.

That’s not true at all.A look at the safety records and accident prevention efforts in other countries indicates just how much more progress the U.S. needs to make.

Published on: July 6, 2011

Inaccurate Federal Estimates of Bus Accident Data Indicate Higher Numbers of Wrongful Deaths

by Robert N. Katz, Esq.

An investigation by USA Today indicates that the National Highway Traffic Safety Administration may have provided inaccurate information about bus accident fatality data between 1995 and 2009.This could have caused a misconception that buses on our highways are safer, and that fewer people are dying in bus accidents.Personal injury lawyers handling bus accidents know that is not true at all.

The USA Today Investigation focused on bus accident deaths between 1995 and 2009, and found more than a few accident fatalities that went missing from the federal data.The investigation found that overall, at least 42 deaths went missing from the official federal data.The investigation also found that since 2003, at least 32 bus accident deaths were not included in the final federal data.

In addition, there were 42 fatalities that occurred on midsize buses which were not accounted in the federal data either, because these buses are not included in the National Highway Traffic Safety Administration’s definition of a motor coach.

Published on: July 5, 2011

Atlanta Construction Worker Killed in Fall Accident

by Robert N. Katz, Esq.

A construction worker was killed last week in a workplace accident at a high school site in Atlanta.The man had been working on an addition project at a school in south Atlanta, when he fell 20 feet from a hydraulic lift.

According to authorities, the entire accident was triggered when a piece of metal pipe fell from the ceiling of the addition, and crashed into the lift which was holding the worker.The impact caused the lift to jerk, and the worker fell about 20 feet below onto the pavement.He sustained serious injuries, and died.

According to news reports, the victim worked for a subcontractor on the project.The Occupational Safety and Health Administration has begun an investigation into the accident.In the meantime, the site has been temporarily shut down. See Worker Killed in Fall.

Published on: June 10, 2011

Motorcycle Accident Causes the Death of a Police Officer

by Robert N. Katz, Esq.

An off-duty police sergeant in Centreville, Houston County, Georgia was killed in a motorcycle accident last week.According to news reports, the 45-year-old Police Sgt. was riding his motorcycle when he collided with a car at an intersection.He was seriously injured, and died of his injuries. As an Atlanta motorcycle accident lawyer, I see the dangers motorcycle riders face every day. Unfortunately, too many drivers just fail to keep a close eye out for motorcycles.

Motorcyclists in Georgia are at a greater risk of collisions with motorists this summer, when more numbers of drivers and motorcyclists can be expected to share the road.Not only are motorcyclists dealing with a large population of adult drivers on their way to holidays distracted by their families and their holiday plans, but they are also sharing the highways with larger numbers of teen drivers.

Summer is when the total number of teenage drivers on the road is higher, and the months of June, July and August see 40% more driving by those teen motorists.These are inexperienced drivers, who may fail to practice basic motorcycle safety behaviors, like looking out for motorcyclists at intersections.This accident illustrates how necessary it is for motorists to be extra cautious when approaching an intersection, and look out for motorcycles.Many young and teen drivers tend to think of summer as a long, extended weekend, and fail to prioritize traffic safety rules.