Georgia Injury Law Blog

Published on: October 21, 2009

Motorcycle Crash Study Announced by FHA

The Federal Highway Administration has announced the launch of a new study to probe causes of motorcycle accidents, and to help develop procedures and strategies that can prevent or minimize these accidents.

The study will be conducted at the Oklahoma State University’s Transportation Center, and will be the first one in decades. The last such study was conducted in 1981, and resulted in the release of the Hurt Report. The report led to the identification of several causes of motorcycle accidents, and contributed to the development of strategies to minimize or prevent these crashes. However, the findings of the Hurt Report and any effects they may have had on motorcycle safety, have begun to lose their relevance in the nearly 30 years since the report was released. This can be seen in the steady increase in the rates of motorcycle accident fatalities, not just in Georgia, but across the country.

According to the Federal Highway Administration, motorcycle riders continue to remain some of the most highly at-risk groups on our roads. In 2008, approximately 5,300 motorcyclists were killed nationwide in these accidents, which is about 14 percent of all traffic accident fatalities that year. An estimated 177 of those fatalities occurred in Georgia. This was even as accident fatality rates in other groups, like automobile accidents and pedestrian accidents, showed a marked downward trend. According to the Department of Transportation’s Fatality Analysis Reporting System, motorcyclist fatalities increased by 150 percent between 1997 and 2008.

Published on: October 20, 2009

Volvo Announces Safety Goal for 2020

by Robert N. Katz, Esq.

Volvo Announces Safety Goal for 2020 – Accident-Free Cars

Swedish automaker Volvo is based in a country where the transportation department boasts of the lofty goal that no person should be killed or injured using its road transport system. Volvo has now taken that one step further and announced its goal for 2020 – No one should be seriously injured or killed in a Volvo.

As the New York Times Wheels Blog reports, Volvo’s announcement comes just in time for the release of its Volvo S60 in the country in 2009. The car features a new accident prevention system that includes crash warnings with full auto braking and pedestrian detection. According to the automaker, the car is configured to monitor the road using radar and a camera placed inside next to the rear view mirror. The radar detects objects and measures how far the car is from the object, while the camera simultaneously determines what kind of objects these are. If there is a high likelihood of an accident, the driver will see a flashing warning light, and hear an audible warning. However, if the driver fails to slam on the brakes, the computerized braking system will automatically apply the brakes to bring the car to a stop and prevent an accident. While the Volvo XC60, now on the roads, also comes with a collision warning system, it comes with about half of the braking power that the new S-60 has. Volvo has made use of sensor technologies to engage complete braking power.

Published on: October 15, 2009

Three Killed in Stone Mountain Freeway Van Accident

by Robert N. Katz, Esq.

Three Killed in Stone Mountain Freeway Van Accident

At least three people, all employees of Georgia Power, were killed in a deadly van accident on Stone Mountain Freeway on Tuesday afternoon. Six other people have sustained critical injuries.

According to the Atlanta Journal Constitution, a van with 9 people inside was struck by a Dodge Stratus, which clipped the van when it tried to make a lane change. The van flipped over from the impact, and was severely damaged. Emergency crews had to cut through the roof of the van to rescue the victims trapped inside. The critically injured were rushed to Grady Memorial Hospital and Atlanta Medical Center.

Published on: October 14, 2009

Big Rig Crackdown in Chatham County Reveals Maintenance Issues

by Robert N. Katz, Esq.

Big Rig Crackdown in Chatham County, Georgia Reveals Maintenance Issues

A new task force in Garden City, Chatham County is cracking down on truckers to keep unsafe big rigs off the roads and prevent accidents. The first few days of the crackdown have already revealed severe maintenance issues that could place tractor trailer drivers at possible risk of an accident.

Members of the task force know that while a tractor trailer may look like it’s in perfect condition, there may be several maintenance issues that can place the vehicle at risk of an accident. The task force is already seeing some major maintenance problems on some of the trucks that have been pulled over. For instance, they have found trucks with a variety of maintenance issues, including malfunctioning lights, loose straps securing cargo, nearly bald tires with little tread and a host of other issues.

Published on: October 13, 2009

GWINNETT COUNTY COP ARRESTED FOR DUI ALSO INVOLVED IN WRONGFUL DEATH ACCIDENT

by Robert N. Katz, Esq.

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph. The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.

Published on: October 12, 2009

MARTA TO CRACK DOWN ON DISTRACTED DRIVING

by Robert N. Katz, Esq.

MARTA to Crack Down on Distracted Driving

A series of safety incidents in the past few months that have involved MARTA drivers distracted at the wheel, has had Atlanta personal injury lawyers as well as the agency concerned about the increased risk of accidents from such behaviors. MARTA now plans to stress the safety message to encourage drivers and operators to keep their eyes on the road and hands on the wheel while driving.

· Recent footage revealed a MARTA bus driver reading a magazine while stopped at a red light.

Published on: October 9, 2009

Toyota Rust Issues Invite Recall by NHTSA

by Robert N. Katz, Esq.

Published on: October 8, 2009

Georgia Tort Reform Challenged in State Supreme Court

by Robert N. Katz, Esq.

Georgia’s Medical Malpractice Law Challenged in Supreme Court

The Georgia Supreme Court is hearing arguments relating to a key provision of the state’s tort reform laws, which requires plaintiffs in a medical malpractice action to establish that an emergency room doctor was guilty of gross negligence.

The hearings revolve around the case of Carol Gliemmo, who suffered a sudden headache on April 22^nd 2007, and visited the San Francisco Hospital in Columbus. According to Gliemmo’s lawyers, the ER doctor, Mark Cousineau diagnosed her condition as resulting from stress, prescribed valium, and sent her home. This was even as the 56-year-old Gliemmo continued to scream in agony. Gliemmo suffered a stroke, and has since been left paralyzed and with significant neurological damage.

Published on: October 7, 2009

Truckers Oppose Ban on Computers in Cabs

by Robert N. Katz, Esq.

Computers in Cabs Increase Risk of Accidents, but Truckers Oppose Possible Ban

By now, everyone knows that texting while driving increases the risk of accidents, and must be avoided. The high-decibel debate on texting while driving however, seems to have left out one segment of highway users – drivers of commercial trucks.

Commercial trucks these days come with computers in the cab, which are used to streamline trucking operations. Companies use these devices to send companywide messages to truckers, relay new orders etc. There is no doubt that these computers have increased efficiency for these trucking companies, but they do expose the truckers to accident risks from distraction.

Published on: October 6, 2009

Slip and Fall Accidents Among Senior Citizens Focus of Awareness Campaign

by Robert N. Katz, Esq.

Awareness Campaign Focuses Attention on Slip and Fall Accidents and Senior Citizens

Last week, across the country and Georgia, senior citizens, healthcare agencies, and community organizations observed Falls Prevention Awareness Week, which is marked to raise awareness about the risks to seniors from fall accidents.

According to the Centers for Disease Control and Prevention, every year 1 in 3 senior citizens aged 65 and above, suffer from a fall accident. Of these, 20 to 30 percent will suffer injuries that are severe enough to impact their ability to lead active, independent lives. While slip and fall accidents can happen to just about anyone, these are more common in senior citizens who may have a variety of health issues that can increase the risk of a fall. Seniors may struggle with proper balance and gait, may have vision problems and a host of other issues that can impact their ability to prevent a fall. Also, seniors have a much higher risk of being seriously injured in a slip and fall accident than young adults or children.