Georgia Injury Law Blog

Published on: October 5, 2009

Stone Mountain Woman Killed in Accident in Gwinnett County

Stone Mountain Woman Killed in Accident in Gwinnett County

A woman was killed in a head-on accident over the weekend near Lilburn in Gwinnett County. According to news reports, the woman was driving a Ford Escort, when she crossed a center line, and rammed into an oncoming Chevrolet. The woman, who has been identified as Maureen Kalkstein was rushed to the hospital, but was declared dead.

According to Gwinnett County police, Kalkstein was not wearing a seatbelt at the time of the accident. In 2009 alone, Gwinnett County has seen 37 people dying in accidents. Out of those, 6 involved motorcyclists and pedestrians. The remaining 31 people were killed in auto accidents, and out of these, 14 were not wearing seatbelts at the time of the crash.

Published on: September 30, 2009

Sugar Refinery Explosion Entirely Preventable

by Robert N. Katz, Esq.

Sugar Refinery Explosion Report Says Fire Entirely Preventable

At the time, it was one of the worst industrial disasters in the country, and the most devastating Georgia Workers’ Compensation lawyers had seen in decades. When combustible sugar dust at a refinery near Savannah ignited and exploded last year, it set off a blazing fire that razed much of the facility. Fourteen 14 workers at the Imperial Sugar Refinery were killed and 36 injured, many of them severely burnt. Now, the Chemical Safety Board has issued its report on the accident, and the agency’s findings are a damning indictment of the plant’s managers and owners.

According to the report, there were several factors that were to blame for the explosion, and all of them were entirely preventable. Poor maintenance, improper equipment design and substandard housekeeping were at the root of the explosion and fire. Worse, according to the report, managers were aware about the dangers of an explosion from combustible sugar dust, but failed to take measures to prevent the tragedy. In fact, the sugar industry had been aware of the dangers of sugar dust igniting and setting off an explosion and fire, as far back as 1925.

Published on: September 29, 2009

Former Trucking Lobbyist Nominated for FMCSA Chief

by Robert N. Katz, Esq.

Senate confirmation hearings for President Obama’s nominee for head of the Federal Motor Carrier Safety Administration, are going on.The choice of Anne Ferro to head the agency at a time when truck safety is topmost on all minds has become a prickly issue.

Much of the discontent over Ferro’s nomination is over her past as a trucking industry lobbyist in Maryland. Between 1997 and 2003, Ferro served as president and CEO of the Maryland Motor Truck Association, and for the past six years, has been registered as a lobbyist for state legislators.

She had nothing to do with federal lobbying, but even so, as Atlanta truck accident lawyers, we are definitely concerned about her opinions on trucking safety. In 2008, the Bush Administration passed a regulation allowing an increase in the number of consecutive hours that a trucker could drive to 11 hours. As Georgia truck accident lawyers, we had strongly opposed any such increase in the number of hours truckers could drive at a stretch. Driving long hours contributes to driver fatigue, which is one of the major causes of truck accidents in Georgia. However, Ferro, in a letter to the Baltimore Sun, supported the rule, saying that it would prevent accidents and save lives. Having a former trucking industry lobbyist, who one safety group calls an "apologist for the trucking industry,” as the head of the FMCSA could raise questions about conflict of interest.

Published on: September 26, 2009

School Boy Injured in Polk County Bus Accident Succumbs to Injuries

by Robert N. Katz, Esq.

A 12-year-old school boy, who sustained serious injuries in a Polk County school bus accident earlier this month, has died from his injuries. Seventh grader Wyatt Pilgrim was stuck by a school bus on September 9^th, as he was waiting for his bus. He was airlifted to an Atlanta hospital, and remained in a critical condition for days. On Sunday, Wyatt succumbed to his injuries.

Police investigations have revealed that the driver could not avoid the accident, and police officials have confirmed that he will not be charged in the accident. According to a Polk County school system representative, the Evergreen Lane in Cedartown where the accident occurred, has heavy traffic. There are schools in the area including the Cherokee Elementary School, and consequently, a lot of children use the area.

Very often, accidents involving pedestrians can be traced to road designs that are simply not pedestrian-friendly. These accidents occur very often when there is heavy pedestrian traffic, and not adequate safety systems to protect pedestrians.

Published on: September 25, 2009

Automakers Support Texting Ban in Cars

by Robert N. Katz, Esq.

Automakers Support Texting Ban to Minimize Risk of Car Accidents

Some of the country’s biggest automakers have announced that they support a ban on texting and the use of handheld cell phone devices while driving, to prevent the thousands of auto accidents that are caused every year by these behaviors. The announcement comes just days before a summit on distracted driving begins in Washington.

The Alliance of Automobile Manufacturers which includes General Motors, Ford, and Chrysler, says that it supports a ban on texting while driving, and also supports the use of voice-activated proprietary communication systems in place of cell phone use. For instance, Ford’s Sync system allows drivers to make phone calls using voice activation systems. Sync also plays back text messages that you receive, thereby allowing you to have a conversation and “read” a text message without using your hands, or more importantly, taking your eyes off the road. General Motors has its proprietary OnStar system, which includes the Hands Free Calling feature.

Published on: September 23, 2009

Most of Georgia’s Fatalities from Flooding-related Accidents

by Robert N. Katz, Esq.

Most of Georgia’s Fatalities From Flooding-Related Accidents

Nine people have been confirmed dead in flash floods that swept through much of north Georgia, including the metro Atlanta area. Most of these deaths occurred when cars were swept away.

After severe flooding on Monday, the Georgia Department of Transportation closed down several bridges, roads and highways across the state. Many of these have now been reopened, and the weather is expected to clear soon.Several roads across the state in Bartow, Douglas, Paulding, Catoosa, Walker and Dooly Counties were closed down, and these have since been reopened.Schools were closed on Tuesday in several school districts, including Atlanta, DeKalb, Gwinnett, Cobb and Fulton.

Published on: September 22, 2009

Questions Remain After Child’s Death in Atlanta School Bus Accident

by Robert N. Katz, Esq.

Questions Remain After Child’s Death in Atlanta School Bus Accident

Earlier this week, a 5-year-old boy was killed when he was run over by a school bus. The driver of the bus has now been charged with homicide by vehicle second degree.

On Tuesday afternoon, Everett Johnson had just gotten off his school bus. According to witnesses at the accident site, Everett was walking in front of the bus, and dropped his book and bag. He was bending over to pick them up when he was struck by the bus, which had begun to move forward. Everett came under the right front tire. He was rushed to the hospital, but died later.

Published on: September 21, 2009

Increase in Fall Accident Fatalities is Disturbing

by Robert N. Katz, Esq.

Increase in Fall Accident Fatalities is Disturbing

Researchers at the John Hopkins School of Public Heath have found a sharp increase in the number of fatalities from accidental falls and poisonings, between 1995 and 2005.

These increases were part of a larger overall pattern, in which the number of people who died from unintended accidents increased by 11 percent over the study period. The study found increases in other unintended accident fatalities including drowning accidents, and deaths from burns and suffocation. However, it’s the increase in mortality rates from accidental poisonings and falls, that has drawn the highest attention.

Published on: September 16, 2009

Georgia Family Battles Over Wrongful Death Damages

by Robert N. Katz, Esq.

Georgia Family Battles Over Wrongful Death Damages

The parents of a teenager who died in an accident involving a police car in 2007, is likely to appeal his wrongful death verdict in the Georgia Supreme Court, in a case that has received nationwide attention for its unusual nature.

In October 2007, 16-year-old Byron Trent Pyles died in a car crash involving a police car. His parents, Rebecca Lynne DeVent and Byron Keith Pyles filed a wrongful death lawsuit in Henry County against the Locust Grove police officer involved in the accident, and the police department.

Published on: September 15, 2009

Another Gwinnett County Police Officer Involved in Car Accident

by Robert N. Katz, Esq.

Last week, we reported on a Gwinnett County police officer who resigned after his involvement in a drunk driving accident. In a similar crash, another off-duty Gwinnett County cop caused a multi vehicle accident in DeKalb on Saturday.

The accident which occurred early Saturday morning involved a Ford Explorer, a Mazda and a Chevrolet van. The three vehicles were stopped at a signal light when off-duty officer Kevin Sipple struck the Ford truck. The impact sent the Ford spinning, hitting the two other vehicles. Sipple and the Ford driver suffered non-life threatening injuries, and were taken to the hospital.

Police say the accident could have been the result of a “medical issue,” but they have not disclosed the nature of the condition.