Georgia Injury Law Blog

Published on: June 9, 2009

Bausch & Lomb Settles Hundreds of Eye Infection Lawsuits

After Bausch & Lomb Inc. went private in 2007, the contact lens maker conducted a quiet recall of its ReNu with MoistureLoc solutions, without much fuss and away from the public glare.

As it now turns out, the company also quietly settled nearly 600 product liability lawsuits brought against it by contact lens wearers across the country, who contracted a fungal eye infection called Fusarium Keritatis. These persons claimed that the infection, which left some of them with permanent eye damage, was the result of using the ReNu with MoistureLoc multi purpose solution. Fusarium Keratitis is an extremely rare infection which means that when these cases of infection began to show up in 2005, ophthalmologists were not able to diagnose the infection correctly and treat it properly. As the result, 60 people suffered enough eye damage to require a cornea transplant, and at least 7 people lost an eye.

Several of these injured users have had their lives impacted dramatically by the infection. One race car driver in Colorado had to give up his passion for racing after he suffered severe eye damage. A Broadway actress who suffered scarring in her eye was also one of those who filed a product liability lawsuit against the company.

Published on: May 31, 2009

New Legislation will make it Easier for Truck Companies to Weed out Bad Drivers, Prevent Accidents

by Robert N. Katz, Esq.

A new piece of legislation gives Georgia truck accident lawyers and families of victims who have died in accidents caused by drunk or pharmaceutically impaired truck drivers, plenty of cause for cheer. The legislation would set up a national database of commercial vehicle drivers’ alcohol and drug test results.

The legislation called The Safe Roads Act, has been introduced by Senators Mark Prior, D-Arkansas, Olympia Snowe, R-Maine, Ben Nelson, D-Nebraska and Roger Wicker, R-Mississippi. It will authorize $5 million every year to develop the database, and mandate trucking companies and medical review officers to report positive drug and alcohol test results to the Federal Motor Carrier Safety Administration. Employers will be required to check the database, and make sure that the driver they plan to hire, does not have a history of substance use.

Drug and alcohol testing is mandatory for commercial trucking companies. A company is required under law to conduct a drug test before a driver begins duty. In spite of this, far too many truck drivers continue to drive tractor trailers and buses after testing positive for drug and alcohol use. The system has too many loopholes to prevent such drivers from slipping through the cracks. For instance, a company could fail to verify the employee’s drug history. Applicants may not report their testing history accurately to new employers.

Published on: May 30, 2009

Georgia’s Drivers Rank among Country’s Worst

by Robert N. Katz, Esq.

A survey by GMAC Insurance confirms what Georgia car accident lawyers have known for very long – the state’s drivers are not too solid in their knowledge of traffic rules.

The questionnaire consisted of a set of 20 questions from actual driving tests from the Department of Motor Vehicles. Drivers across the country were questioned on their knowledge of driving and traffic rules. The survey ranked drivers in Georgia at near the bottom of all the states. Seventy percent constituted a passing grade on the test. Drivers in Georgia scored an average of 72.2 percent. Thirty-four and one half of Georgians surveyed failed the test. That’s more than a third of surveyed drivers. The average test score results this year were lower than last year’s.

Respondents who took the test seem to have had the most problems with yellow lights and the minimum distance to be kept between vehicles. California, Hawaii, New Jersey and New York ranked below Georgia, with New York ranked at the absolute bottom. The best drivers apparently are in Idaho and Wisconsin.

Published on: May 29, 2009

Chrysler Bankruptcy Proceedings Could Leave Product Liability Lawsuits in the Cold

by Robert N. Katz, Esq.

Automaker Chrysler’s bankruptcy proceedings are leaving more than dealers and workers worried. There’s another class of people who have much to lose if the automaker goes under, and little attention has been paid to their plight.

We are talking about the people who have pending product liability lawsuits against the company. These people will find that their dreams of justice are shattered when the spoils are distributed. Plaintiffs who have filed product liability lawsuits against the company fall in the unsecured creditors’ group. While secured creditors include people who have collateral, unsecured creditors include plaintiffs and other corporations. These creditors are low on the pecking order when it comes to payouts. The secured creditors will get first preference, leaving the remainder of the funds to be distributed among the unsecured creditors. Corporations that are included in the unsecured creditors’ group are likely to demand priority for their funds; leaving plaintiffs with peanuts after all other debts are paid.

According to the New York Times, it’s still not clear how these pending lawsuits will be dealt with. They could be sent back to the original courts for a decision, after which the plaintiff who have won or settled may be able to go to the bankruptcy court for their money.

Published on: May 26, 2009

Cobb County Teacher Dies in Wrong Way Accident

by Robert N. Katz, Esq.

Before Friday’s tragic car accident, South Cobb High School teacher James Chapman was looking forward to a life of wedded bless.

Chapman was due to be married on the 4^th of July in Rome, and had been on his way to New Orleans to celebrate his upcoming nuptials. He was driving with his friend Keith. Both had just finished the last day of school at South Cobb High School where Chapman taught Social Studies and coached a baseball team. Chapman’s car collided head-on with a car driven by 74-year-old Homer Phillips in the southbound lane of Interstate 59. Phillips seems to have been driving the wrong way in a pickup truck, when he crashed into Chapman’s pickup. Phillip’s vehicle then hit another car which rolled over. Both Phillips and Chapman were killed at the scene.

According to police, Phillips was not under the influence of alcohol. They don’t know yet why he was driving the wrong way.

Published on: May 23, 2009

Drowsy Driving Blamed for Washington County Tractor Trailer Accident Fatality

by Robert N. Katz, Esq.

A man from Sandersville in Washington County died last week when his truck crashed into a tractor trailer. According to Georgia State Patrol, the victim David Perry Williams was driving a pickup and following the 18 wheeler. As the tractor trailer slowed to make a turn, the pickup struck the rear of the trailer, killing Williams instantly.

Georgia State Patrol troopers believe that Williams likely fell asleep at the wheel. There was no indication at the accident scene that he had attempted to stop the pickup. Williams wasn’t wearing a seatbelt, but considering the massive impact of the crash, troopers believe that a seat belt wouldn’t have helped. According to witnesses at the scene of the crash, Williams had just finished his third shift at work, and was on his way home.

It appears quite likely that Williams was suffering from a severe lack of sleep because of his hectic work schedule. We should be as concerned about car accidents that occur when a motorist falls asleep at the wheel, but somehow, as New Jersey personal injury lawyer Scott Grossman says, drowsy driving is not taken as seriously in the country as driving under the influence of drugs or alcohol.

Published on: May 22, 2009

Georgia State Patrol Expects Increase in Fatal Memorial Day Accidents

by Robert N. Katz, Esq.

Georgia State Patrol is expecting an increase of 29 percent in the number of fatal accidents over the Memorial Day weekend. Troopers are expecting 2,725 accidents over the weekend, which begins from 6 pm Friday and runs through midnight on Monday. These crashes are expected to result in eighteen deaths, while 875 people will be injured. In 2008, fourteen people had died, and 721 had suffered injuries in 2,480 Memorial Day holiday accidents.

Law enforcement officers are gearing up to handle the increased volumes of traffic starting from Thursday. Additional police officers will be patrolling the streets to crackdown on motorists for speeding, and conducting sobriety checkpoints to keep drunk drivers off the roads. Additionally, there will be other safety campaigns, including the “Click It or Ticket” campaign to enforce seat belt use, as well as the 100 Days of Summer HEAT campaign that kicked off earlier this month. HEAT or Highway Enforcement of Aggressive Traffic will crack down on dangerous drivers across the state. The HEAT campaign is a comprehensive drunk driving, speeding and aggressive driving campaign that involves all law enforcement agencies.

Holiday weekends are unfortunately more at risk for a greater number of automobile crashes including drunk driving accidents, and speeding-related crashes. With lower gas prices this year, it won’t be too surprising to find more numbers of Georgians on the streets. Initiatives like the one the Governor’s Office of Highway Safety is implementing are necessary to ensure that a joyous time isn’t marred by accidents and injuries. This year, Georgia State Patrol expects the same risk factors in a majority of serious or fatal accidents – alcohol use and failure to wear seat belts.

Published on: May 21, 2009

Preventing Drunk Driving Accidents in Athens

by Robert N. Katz, Esq.

Apart from Atlanta, its Athens with its thumping nightlife scene that has the most number of DUI schools in Georgia, with a total of four DUI schools here. The Athens Clarke County Police Department and the University Police Department have been consistently cracking down on drunk drivers across Athens. Last year 207 people were arrested for drunk driving. There is also a considerably larger haul during weekends, when students from the University of Georgia step out, as well as on holidays. This St Patrick’s Day for instance, Athens police checked more than 700 vehicles, and arrested 63 people for drunk driving.

In most cases, these people have to take a course at a DUI school. The program lasts for 20 hours and costs $280. A student who finds himself in a DUI class after being arrested for drunk driving can expect to learn ways to prevent him or her from committing such offences again.

Besides DUI schools, Athens also has other options that prevent drunk motorists from being on the road. Local transportation services will for a fee, send a designated driver to take partiers home. All revelers have to do is call the service, and a designated driver arrives on a collapsible scooter that can be folded later, and placed into the car truck. A service like this ensures that revelers can all get intoxicated, without having to worry about which one of them has to stay sober to drive the rest home. Most calls for these transportation services come, not surprisingly, from downtown Athens, where the buzzing nightlife means that more numbers of people are not in a position to drive themselves home.

Published on: May 20, 2009

May is Motorcycle Safety Month: Georgia Looking to Overturn Dismal Accident Stats

by Robert N. Katz, Esq.

A series of consecutive years with a high number of motorcycle accidents in Georgia has galvanized the Governor’s Office of Highway Safety into action. The GOHS has declared May as Motorcycle Awareness Safety Month in the state.

The campaign started with the GOHS taking its motorcycle safety message to the people through the Georgia Motorcycle Awareness Tour. Georgia’s director Bob Dallas traveled the state on a motorcycle along with law enforcement officers. The tour kicked off in Carroll County and winded through Albany, Savannah and Augusta before ending in Atlanta.

According to the GOHS, between 2006 and 2007, there has been an increase of 113 percent in motorcycle accidents in Georgia. In 2000, there were 2,049 crashes involving motorcyclists, and that number rose to 4367 in 2007. The number of people killed in the same period rose by a staggering 161 percent from 62 deaths in 2000 to 162 deaths in 2007. According to experts, this spike had had to do with an increase in the number of motorcycles in the state. Motorcycle use has risen in popularity, and so have the number of accidents involving theses vehicles.

Published on: May 18, 2009

Georgia Embarking on Seat belt Campaign to Reduce Accident-related Injuries

by Robert N. Katz, Esq.

Law enforcement agencies in the state have launched a campaign to encourage seatbelt use among Georgia drivers to prevent serious accident-related injuries, especially those occurring on rural roads. It is a shift from previous efforts that focused such enforcement in urban centers, and it has to do with the dismal picture of seatbelt use in rural areas.

According to Governor’s Office of Highway Safety deputy director Spencer Moore, rural roads are some of the most dangerous ones, but seat belt usage here is much lower than in urban centers. In 2008, drivers in urban areas in the state were 84 percent likely to buckle up, while in rural areas, that percentage was 79. The discrepancy in seatbelt usage in urban and rural areas is clear to see in the accident fatality rates in these regions. In 2007, 342 people died in automobile accidents in the five metro Atlanta counties. During the same period of time, 527 died in accidents in Georgia’s most rural counties.

Seatbelts save lives. While those higher fatality rates on rural roads may have to do with other causal factors like a shortage of trauma centers in these areas, seatbelts can prevent the kind of critical injuries that result after serious accidents.