Georgia Injury Law Blog

Published on: January 11, 2024

Multiple Car Accident Deaths Reported Across Georgia over Thanksgiving

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: January 8, 2024

Many Seniors Receive No Follow Up Care After Slip and Fall Accident

by Robert N. Katz, Esq.

Follow up care is not just important, but also critical after a senior suffers injuries in a slip and fall accident, and yet, new studies find that far too many seniors receive no such after – fall care, resulting in serious consequences.

The new studies find that as many as 59% of seniors receive no follow – up care after they have suffered personal injuries in a slip and fall accident. This is in spite of the fact that it is well- established that follow up – care after a fall can help seniors not just recover quickly, but also learn how to avoid falls in the future. It is also in spite of the fact that slip and fall accidents are a serious health concern for American seniors. For example, one in four seniors above the age of 65 is expected to suffer a slip and fall accident, sending 8 million persons to hospital emergency rooms. Even more worrying is the fact that 27,000 seniors suffer fatal personal injuries in slip and fall accidents, while these accidents also contribute to 800,000 personal injuries every year. In spite of all these facts, many seniors do not return to the emergency room for follow – up visits after suffering head trauma in a fall.

The researchers focused on a group of 1,500 seniors who had suffered injuries in slip and fall accidents, and found that many of them had not returned to their primary care physician for a follow up in the weeks after the slip and fall accident. When seniors did visit a doctor for a follow-up, they were recommended physical therapy as a way to avoid future falls. Physical therapy can help improve balance, gait, coordination and address other physical aspects of aging that can increase a senior’s risk of suffering a slip and fall accident.

Published on: January 4, 2024

Is it Time to End Right on Red Laws to Prevent Pedestrian Accidents?

by Robert N. Katz, Esq.

A decades-old law that was meant to manage fuel shortages is coming under the spotlight in states like Georgia, as experts consider ways to reduce the number of pedestrian accidents around the country.

The so-called “right- on-red” law allows motorists in Georgia and several other states to make a right turn at an intersection even if the light is on red as long as the intersection is clear. The law provides American motorists with a unique privilege, and comes as a result of a law that was passed in the 1970s as the country grappled with fuel shortages. That was when an oil embargo pushed oil prices to record levels, necessitating the passing of the Energy Policy and Conservation Act of 1975. Some other states had passed similar right to turn laws a few decades earlier.

The laws continued to remain in place even after the oil embargo ended and fuel prices returned to normal. It is a privilege that American motorists now do not even think twice about, and it is only now in the face of skyrocketing pedestrian accident deaths that experts are asking if it is time to retire a law that is possibly at least partly responsible for the increasing number of people being killed in pedestrian accidents, especially at intersections.

Published on: January 1, 2024

Experts Call for ABS on All Motorcycles to Prevent Accidents

by Robert N. Katz, Esq.

Calls for the United States to mandate automatic braking systems on all motorcycles in order to prevent accidents are growing louder. This country remains one of the very few developed nations that do not require this technology on all motorcycles.

The Insurance Institute for Highway Safety is petitioning the federal government to mandate automated braking systems on all motorcycles in order to prevent accidents. This is the second time that the organization petitioned the federal government on this matter. The first time was more than a decade ago, and since then, according to the organization, more than 27 nations, including Australia, New Zealand, the UK, Brazil, India and several members of the European Union, have mandated these technologies on all motorcycles.

Automatic braking technologies can help riders maintain control over the motorcycle even when they suddenly brake or brake on wet or slippery surfaces. They prevent the kind of motorcycle crashes that are often caused as a result of skidding. These are the kind of accidents that often result in the rider falling off the motorcycle with possibly devastating consequences. The lack of ABS on a motorcycle is a significant factor in a large percentage of motorcycle accidents every year.

Published on: December 27, 2023

Teens at High Risk of Drowsy Driving Car Accidents

by Robert N. Katz, Esq.

Young drivers below the age of 21 may be at a high risk of driving while fatigued or drowsy, increasing their risks of being involved in a car accident. Those findings come from a new study by the National Sleep Foundation.

The National Sleep Foundation recently released the results of a new study that specifically focused on the effects of drowsy driving on teenage drivers. The findings of the study were released in time to coincide with Drowsy Driving Awareness Week in November.

According to the National Foundation study, drowsy driving is linked to as many as 20% of all fatal car accidents in the United States and another 13% of all car accidents resulting in personal injuries. As many as 16% of teenage drivers admit to having operated a motor vehicle while drowsy or sleepy at least once. That makes it at least 1 in 16 drivers or 1.7 million teenagers who have operated a car when they were so sleepy that they could barely keep their eyes open. As many as 400,000 teenagers admitted to having operated a motor vehicle while drowsy at least once a week. That makes it a higher percentage of drowsy teenage drivers on our roads compared to drowsy adults.

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: December 21, 2023

Vision Loss is a Major Car Accident Risk Factor for Seniors

by Robert N. Katz, Esq.

Declining vision is a much more serious car accident risk factor for senior drivers than we may believe. According to the results of a new study, it is linked to an 84% higher risk of being involved in car accidents.

Seniors may suffer from a number of health challenges as they get older that increase their risks of being involved in an auto accident, and one of the most significant of those challenges is declining vision. Being unable to see clearly or the lack of a wide range of vision that allows the driver to see not just ahead but also identify auto accident risks from the sides, can significantly impact the person’s risk of being involved in a dangerous car accident. It is for this reason that most states, including Georgia, have laws in place that require senior drivers to get their eyesight tested at regular intervals as a condition for license renewal.

At a recent conference of the American Academy of Ophthalmology, researchers presented the results of a study which found that the current eye testing system that is currently followed in so many states may not be the ideal way to determine senior health and the capacity of older motorists to avoid car accidents.

Published on: December 19, 2023

Cars With Taller Front Ends More Likely to Cause Fatal Pedestrian Accidents

by Robert N. Katz, Esq.

Pedestrians are more likely to suffer fatal personal injuries in a car accident when they are involved in an accident with a large vehicle, like a pick up truck or SUV. According to the findings of a new study, however, more than the size of the vehicle, it may be the height of the front end of the truck that may prove most detrimental to pedestrian safety.

The Insurance Institute for Highway Safety recently published the findings of two new research studies into pedestrian safety. According to the researchers, vehicles that have taller, higher front ends are much more likely to cause serious and fatal personal injuries to pedestrians in a car accident. The study found that cars with a hood height of more than 40 inches were approximately 45% more likely to kill pedestrians involved in an auto accident with the car, in comparison to cars that had a hood height of 30 inches or less.

The worrying part is that vehicles with taller, higher hoods have become extremely popular over the past few decades. According to research by the Insurance Institute for Highway Safety, over the past 30 years, there has been a significant increase in not just the size and weight of the average vehicle, but also the hood height. The average car has increased by 8 inches in height and 1000 pounds in weight. Over the same period of time, cars have also gotten about 4 inches wider and about 10 inches longer. In fact, many vehicles that you see in Atlanta today are likely to be at least 40 inches or higher at the tallest point of the hood. Aggressive – looking vehicles are not just intimidating to pedestrians, but are also capable of causing serious and devastating personal injuries that can result in wrongful death.

Published on: December 14, 2023

How to Prevent Slip and Fall Accident Injuries in Winter

by Robert N. Katz, Esq.

Winter is coming, and with it comes the risk of slip and fall accidents that can result in serious personal injuries. Doctors are warning pedestrians, especially the elderly, to be extra cautious while walking during the season.

Atlanta sees more than its share of snowy, wet and icy conditions during winter, and these can provide ideal conditions for a slip and fall accident. Sidewalks and paths can be covered with black ice that may be invisible, but treacherous enough to cause a fall.

What is the best thing you could do to prevent a slip and fall accident this winter? The answer is surprisingly – walk like a penguin. Slip and fall safety experts say that walking with short, slow steps is the ideal walking pace to prevent a slip and fall accident this winter. Use heavy, weighted steps and be aware of your surroundings at all times. Avoid walking fast even if the path ahead seems safe and free of ice. Avoid taking long strides that can make it hard for you to prevent a fall.

Published on: December 11, 2023

Drowsy Driving Linked to 100,000 Car Accidents Every Year

by Robert N. Katz, Esq.

Motorists driving while fatigued or sleepy cause as many as 100,000 car accidents every year. This November, the National Sleep Foundation is marking Drowsy Driving Prevention Week to raise awareness about the dangers of driving while sleepy.

The National Sleep Foundation commemorates the first week of November every year as Drowsy Driving Prevention Week to coincide with the end of daylight savings time. The National Sleep Foundation estimates that as many as 100,000 car accidents every year are caused by drivers who are too sleepy or fatigued to drive. According to the National Sleep Foundation, more than half of all American motorists admit to regularly or consistently driving while sleepy. About 20% of American drivers admit to having operated a motor vehicle while sleepy at least once in the past year. Clearly, there are far too many people who feel comfortable driving a car when they are simply too tired or sleepy to do so.

Some categories of motorists may be at a greater risk of drowsy driving than others. For example, motorists between the age of 16 and 25 are at a higher risk of driving while sleepy. Male motorists may also be much more likely to find nothing wrong while driving in a sleepy condition compared to female drivers. Shift workers and commercial drivers like long haul truck drivers may also be at higher risk of not getting enough sleep resulting in drowsy driving. Apart from these business travelers as well as persons suffering from medical conditions like sleep apnea are also at a higher risk. Apnea is a sleep condition that causes a person to suffer from respiratory interruptions during sleep at night which causes the person to be fatigued and sleepy in the daytime. Sometimes, drowsy driving is the result of taking medications like anti -depressants and antihistamines that may have sleepiness as a side effect.