Georgia Injury Law Blog

Published on: August 29, 2023

Study: Traumatic Brain Injury Similar to Chronic Conditions

Persons who have suffered a traumatic brain injury due to an auto accident or any other type of accident may suffer from long term consequences that are very similar to the symptoms suffered by persons living with a chronic condition.

Those conclusions came from a new study recently published in the Neurology journal. The researchers analyzed data on more than 900 patients who had suffered mild traumatic brain injury like concussions as well as 200 patients with moderate to severe traumatic brain injury, and compared these patients to a group of 150 patients with no history of a traumatic brain injury. Brain injuries are frequently suffered by persons involved in car accidents, slip and fall accidents and even due to medical malpractice. As part of the research, the persons were asked about physical symptoms like headache and fatigue. They were also asked about their thinking abilities, especially the ability to perform daily and routine tasks, as well as their overall mental health and memory.

They found in their analysis that 21% of the persons with a mild brain injury suffered declines overall, compared to 26% of the persons with moderate to severe traumatic brain injury. Among the persons with no brain injury, the decline was just 15%.

Published on: August 25, 2023

Nursing Homes Used Alarmingly Low Levels of Covid-19 Medications on Residents Creating the Potential of Malpractice Claims

by Robert N. Katz, Esq.

Even though the elderly are at risk of major complications from Covid- 19, most nursing homes around the country used alarmingly low levels of antiviral drugs that are proven to fight symptoms of the deadly disease on their residents, during the pandemic. The failure to use appropriate medications could lead to a larger number of malpractice claims.

While the Covid- 19 pandemic ravaged large portions of the metro Atlanta region, especially in the above-65 age category, efforts were made to deliver more life- saving antiviral medications to these sections of the population. Use of the antiviral drugs was higher in nursing homes than in the general community. However, a new study finds that a large number of nursing homes administered very low levels of the drugs.

In fact, shockingly, the study found that as many as 40% of nursing homes did not use antiviral drugs as of the end of 2022. The use of antiviral drugs in these facilities was low even as the pandemic gathered steam, and continued to remain low even after the medications were approved as oral drugs. In fact, according to the researchers, residents with Covid- 19 in only about 18% of the nursing homes were treated with antiviral medications.

Published on: August 22, 2023

Hot, Polluted Days May See Increases in Dog Bite Risks

by Robert N. Katz, Esq.

Summer is when there is an increase in dog bite attacks across Georgia, possibly due to the fact that more people are out during this time and in contact with dogs. However, the weather may play a much bigger role in the increase in dog bites during the summer months than earlier believed. Unfortunately, dog bites often result in serious personal injuries.

According to the results of a new study that was published recently, hot weather may cause aggression in dogs just the same way as it does in humans. When temperatures are higher, human beings are likely to become irritable and aggressive. They may suffer from disturbed sleep during hot days which causes increased irritability and discomfort. Incidents of road rage, for instance, are likely to peak during summer months. Several studies have underlined this fact. However, there have not been enough studies done to understand the impact of higher temperatures on animals like dogs.

The researchers focused on 8 metropolitan American cities, and extracted data on dog bite attacks that occurred in these cities over a 10 – year period. They found more than 69,000 bites occurred in these cities over the time period. When the researchers drilled down further into the data, they found that dog bites were more likely to occur not only when temperatures were higher, but also when there were higher UV levels. In short, they found a link between higher temperatures, ozone and higher levels of air pollution and increased attacks by dogs.

Published on: August 7, 2023

Muscle Cars Drive Spike in Car Accident Wrongful Deaths

by Robert N. Katz, Esq.

There are a significant number of persons in the United States who like to drive what are commonly called “muscle cars.” These are cars with high horsepower which are capable of high speeds and fast acceleration. Examples of cars often referred to as “muscle cars” include the Dodge Charger, Ford Mustang, Chevrolet Monte Carlo SS, Dodge Challenger and the Camaro. Unfortunately, some muscle cars have been identified with an increase in car accident wrongful deaths.

A new study by the Insurance Institute for Highway Safety finds that smaller cars that have more powerful engines can be deadly for not just motorists and passengers, but also for drivers of other cars. Traditionally, safety experts have believed that larger vehicles like SUVs and pickup trucks are more dangerous for drivers and passengers of other vehicles in the event of an accident. However, the dangers may be even more serious in the case of smaller muscle cars like the Ford Mustang or other similar vehicles.

Muscle cars are basically smaller American cars that have increased horsepower. These are boxy cars that usually have 2 doors and a powerful engine. These cars are typically marketed to a certain type of consumer, and the study believes that the way in which these cars are marketed also contributes to the higher death rates associated with these vehicles.

Published on: August 4, 2023

Compliance -Based Interlock Laws Help Prevent Drunk Driving Auto Accidents

by Robert N. Katz, Esq.

When an individual has been convicted of drunk driving, they often are required to have an ignition interlock device placed on their cars. These devices prevent a person from starting a car until they have passed a breath test for driving. States have passed compliance laws that strictly require individuals who have had an ignition interlock device installed in their vehicle after a DUI offense to comply with these devices. The devices can only be removed once the person has shown to have complied with the devices for a defined period of time. These compliance laws seem to have much higher success than other methods of preventing repeat offenses and reducing the risk of alcohol – related car accidents.

Those findings come from a new study conducted by the Governors Highway Safety Association. The report focused on the effectiveness of compliance- based removal components in ignition interlock device laws. Currently, all states, including Georgia, have some form of ignition interlock device laws which require that they get devices installed in their vehicles that prevent them from operating their vehicle if their system contains more than a certain amount of alcohol. At least 33 states have compliance- based removal laws in place that clearly define conditions that must be met for an exit from the interlock device requirement. Georgia, unfortunately, does not have a compliance- based removal component as part of its ignition interlock device laws.

The Governors Highway Safety Association focused on two states that have compliance – based removal laws and two states that do not have such laws. The study established that states that have compliance -based laws have much lower recidivism rates for drunk driving compared to states that do not have such compliance laws in place. The Governors Highway Safety Association researchers say that there is no way to absolutely confirm that these higher recidivism rates in states that do not have compliance -based removal laws were related to the absence of these laws and that other factors could also play a role. But they also stress that compliance -based removal laws do provide an extra layer of protection that can prevent these auto accidents. The researchers are encouraging states like Georgia to review their ignition interlock laws to identify deficiencies and correct these in order to make these laws more effective.

Published on: August 1, 2023

Brain Injury Caused by Car Accidents Could Result in Unique Form of Depression

by Robert N. Katz, Esq.

Researchers have known for a while that a brain injury can result in depression, but the kind of depression that a traumatic brain injury causes is different from other forms of depression. Traumatic brain injuries often arise out of car accidents, motorcycle accidents, trucking accidents, or any other event that causes a significant impact to the head.

A new study finds that the kind of depression that results after a brain injury may be different from regular depression with some unique symptoms. In fact, the researchers believe that brain injury -related depression could possibly be its own distinct condition. These are important findings because they shed new light on the kind of consequences that a brain injury patient can suffer.

For years now, researchers have known that depression can set in after a person has suffered a brain injury, but there have been questions about whether the depression is a result of the injury itself or because of the trauma related to the car accident or incident that caused the personal injury. The general consensus, however, is that the depression is caused by the personal injury.

Published on: July 30, 2023

Auto Braking Accident Prevention Systems could soon be Required on All Cars thus Greatly Reducing the Chance of a Car Accident

by Robert N. Katz, Esq.

When a proposed new rule by the federal government becomes final, most cars in the United States will come with automatic emergency braking systems that will significantly reduce the risk of car accidents.

The National Highway Traffic Safety Administration has proposed a rule that would require the installation of automatic emergency braking systems on nearly all cars and pickup trucks in the United States. The rule will require that all light passenger cars and trucks that weigh 10,000 pounds or less come with these systems after the publication of the final rule. The rule will also require that automatic emergency braking systems recognize pedestrians at night.

After a period of 3 years from the final publication of the rule, all vehicles in the country will be required to have these systems. The National Highway Traffic Safety Administration estimates that a significant number of lives will be saved every year as a result of the widespread adoption of the technology. It is specifically believed that 360 lives will be saved in car accidents every year and more than 24,000 injuries will be prevented as a result of the use of the technology.

Published on: July 26, 2023

Spinal Cord Injury Could Damage Immune System

by Robert N. Katz, Esq.

Spinal cord injuries are serious personal injuries that can be caused after an auto accident. New research finds that these injuries, in addition to permanently impacting a person’s day to day functioning, can significantly damage a person’s immunity, exposing the patient to the risk of life-threatening infections.

A spinal cord injury can result from any kind of blow or serous impact to the spine. The impact does not have to include a fracture. A spinal cord injury can also be caused by crushing injuries or dislocation of the spine. For example, when a person is thrown about the inside of a car during an auto accident, she or he could suffer serious personal injuries to the spine. A motorcycle rider who is thrown off a motorcycle could land on the ground with force that is significant enough to fracture his spine. In fact, spine injuries are common in motorcycle accidents when a person is separated from the motorcycle.

The risk of paralysis is very serious after a spinal cord injury. These consequences of a spinal injury can also have a long term impact on a person’s health. A new study finds that a spinal injury may also trigger immunodeficiency syndrome. This condition can result in a loss of immunity, thereby exposing the person to the risk of infections. The study was conducted by researchers on 111 patients who had suffered spinal cord injury. They found that soon after a spinal cord injury, the number of antibodies in the body dropped. There was also a deactivation of the monocytes or white blood cells that are responsible for staving off infections.

Published on: July 19, 2023

FMCSA Proposes Automatic Emergency Braking to Prevent Truck Accidents

by Robert N. Katz, Esq.

Automatic emergency braking is slated to prevent hundreds of truck accidents involving commercial trucks every year after the federal administration proposed installation of these devices on all heavy trucks.

The National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration has announced a notice of proposed rule-making that would require all commercial vehicles to have automatic emergency braking systems on board. The goal of this rule would be to significantly reduce the incidence of rear -ender truck accidents involving commercial trucks and tractor trailers.

Automatic emergency braking systems are also available on passenger vehicles, and work by using sensors to detect if the vehicle is in danger of a collision with an object. The system uses sensors to detect an auto accident threat, and moves to apply the brakes if the driver has not already done so or to increase the emergency braking power if the driver has already applied the brakes. The system thereby works to help prevent a collision with another object or vehicle.

Published on: July 16, 2023

Increasing Senior Motorist Population in America and Safety Concerns

by Robert N. Katz, Esq.

Recent census data shows that America’s population is steadily getting older and the median age of the country is now at a record high. Over the next couple of decades, we can expect a significant increase in the number of senior drivers on our streets, demanding a closer look at the safety implications involved, including the increase risk of personal injuries from car accidents.

The US Census Bureau recently released estimates of the country’s population and these showed that the nation’s median age increased to 38.9 years between 2021 and 2022. That is a record high and is due to a steady decline in birth rates in the United States. The data shows that no state recorded a drop in median age during this time.

For anyone concerned about roadway safety in the country, these numbers merit interest. The data clearly indicates that there will be a significant increase in the population of senior drivers on our roads in the near future. There is no data to show that senior drivers are automatically more dangerous drivers than others. In fact, they have lower auto accident rates than many groups of drivers, including teenage drivers.