Georgia Injury Law Blog

Published on: July 13, 2023

Pedestrian Accident Wrongful Deaths In 2022 Highest on Record in 40 Years

In 2022, the number of pedestrians killed in auto accidents crossed 7,500, the highest on record in 40 years. This is a tragic statistic that demonstrates a problem that is without an easy solution.

The rising number of pedestrian deaths has been a source of concern for transportation safety advocates and pedestrian groups across the country. However, the actual state of pedestrian safety may be even worse than earlier believed. The Governors Highway Safety Association recently released its estimates of the total number of pedestrian fatalities in 2022, and the numbers are staggering. The Governors Highway Safety Association believes that a total of 7,508 pedestrians were killed in car accidents last year, the highest number on record since 1981. That year, a total of 7,837 pedestrians were killed in auto accidents. The total for 2022 are very likely even be higher because final estimates were not provided by the state of Oklahoma.

Most states recorded an increase in car accident fatalities in 2022, including Georgia, where a total of 335 pedestrians were killed in auto accidents in 2022. That was an increase of 14 deaths from the 321 pedestrians killed in auto accidents in 2021. The jump in pedestrian accidents in 2022 is even more concerning because it marks a 77% increase since 2010, while the jump in car accident fatalities over all has been just 25% since 2010.

Published on: July 11, 2023

Epilepsy and Car Accident Risks

by Robert N. Katz, Esq.

People who suffer from epilepsy may be able to drive safely provided they take all safety precautions, including taking any necessary medications, and stick to the limitations placed on them under the law. A new study, in fact, finds that an early diagnosis of epilepsy may significantly reduce car accident risks.

According to the study, as many as 5% of patients who suffer from epilepsy had suffered a seizure while driving before their diagnosis. The researchers, who include members of the American Academy of Neurology, were specifically looking at how long a person drives before he or she received an epilepsy diagnosis. They believe that it is important to push for earlier diagnosis of epilepsy in order to reduce car accident risks among these persons.

As part of the study, the researchers focused on 447 persons who suffered from focal epilepsy which is marked by recurrent seizures. They found that 23 of these people had suffered a seizure while driving. About 26% suffered their first seizure while driving while around 30% had suffered more than one seizure while driving. In all, these seizures resulted in 19 auto accidents with 11 of these car accidents requiring hospitalization.

Published on: July 8, 2023

Nursing Home Abuse Prevention Checklist for Families

by Robert N. Katz, Esq.

This June, elder advocate organizations around the country are calling for a focus on the rights of seniors, and the prevention of abuse and neglect involving elderly persons, millions of who live in nursing homes.

On June 15, elder organizations across the world including the World Health Organization at the United Nations will mark World Elder Abuse Awareness Day to raise awareness about the risks of abuse, exploitation and neglect involving seniors. Events and commemorations are being planned for the special day across the world, including the United States where more than 50 million people above the age of 65 currently live. Out of these, close to 1.5 million people live in nursing homes, and a million more live in assisted living facilities.

For families, the decision to place a loved one in a nursing facility or an assisted living facility is never an easy one. It is, unfortunately, the only option available for many people who often find themselves worried and anxious about the safety and care of their loved ones in these facilities. The fact that so many nursing homes in the United States have questionable standards of care at best is definitely a concern for families looking for a facility.

Published on: July 6, 2023

Experts: Size and Speed — Key Factors When Choosing Car for a Teen Driver

by Robert N. Katz, Esq.

While many teen drivers operate their cars safely, other teen drivers have an enhanced risk of auto accidents. Therefore, parent must be careful when it comes to buying a car for their teenager.

Whether you are buying a car for a newly licensed teen driver or a car for a teen driver with a couple years driving experience under their belt, the Insurance Institute for Highway Safety and Consumer Reports have a list of the safest cars to buy for teen motorists in America. The list contains both used as well as new cars, and the researchers have gone to great lengths to find affordable cars considering the high price of cars in the market right now.

So what do you look for when you buy a car for your young driver? For most parents, the biggest considerations are price and safety. The list provides several options of care that should be within your budget, but also relatively safe.

Published on: July 3, 2023

Study Finds Race – Based Differences in Nursing Home Data on Fall Accidents, Bedsores

by Robert N. Katz, Esq.

A study published recently finds race -based differences in how nursing homes report fall accidents and pressure ulcers involving residents on their premises. These differences could make it difficult for families of elderly persons looking for reliable nursing homes for their loved ones.

The results of the study were published recently in the JAMA journal. The researchers set out to compare nursing home characteristics with the reporting of bed sores -also known as pressure ulcers – and fall accidents in specific nursing homes. The researchers found to their dismay that the federal website that contains information about specific accidents and injuries in nursing homes actually underreports data on fall accidents and pressure ulcers.

Much of the difference in the reporting also seems to be based on race. Nursing homes that have predominantly white residents are much more likely to report high numbers of fall accidents compared to pressure ulcers, and are also much more likely to report fall accidents more accurately. Similarly, nursing homes with majority black residents are much more likely to report a higher incidence of pressure ulcers compared to fall accidents. Predominantly black facilities are more likely to report pressure ulcers more accurately. Overall, the researchers say the better your reporting on fall accidents, the lesser your likelihood of reporting bed sores.

Published on: June 29, 2023

PTSD and Car Accidents

by Robert N. Katz, Esq.

One of the most underestimated and neglected effects of a motor vehicle accident is posttraumatic stress disorder or PTSD, an anxiety- related condition that can severely limit a person’s recovery after being involved in an auto accident.

Several American organizations including veterans’ organizations are marking June 27 as Posttraumatic Stress Disorder Awareness Day. The day is being commemorated to make more people aware about the disorder and its effects on a person’s ability to lead a normal life after experiencing a traumatic life event.

Posttraumatic stress disorder is a mental health condition that emerges after a person has suffered a terrifying or life-threatening event like a natural disaster, terrorist attack, and even an auto accident. The condition may arise if a person has undergone a terrifying event in which his or her very life or physical wellbeing is threatened or at risk.

Published on: June 22, 2023

NHTSA Predicts Drop in Auto Accident Fatalities During First Quarter of 2023

by Robert N. Katz, Esq.

After 7 consecutive years of year- to -year increases in auto accident wrongful deaths, the federal administration has been recording slow, but perceptible drops in these numbers for four consecutive quarters. Latest estimates by the administration shows that the first quarter of 2023 has been no different.

The National Highway Traffic Safety Administration has released its auto accident death projections for 2023. The estimates for the first quarter of 2023 show a 3% decline in the number of people killed in car accidents compared to the same period of time in 2022. The National Highway Traffic Safety Administration estimates that a total of 9,330 people were killed in auto accidents in the first quarter of 2023. That was a drop from the 9,645 accident deaths recorded during the same period of time last year. The fatality rate for the first quarter of this year was 1.24 traffic accident deaths compared to 1.32 fatalities during the first quarter of last year.

The same trend could also be seen in Georgia where there was a drop in the number of people killed in auto accidents in the first quarter of 2023, compared to last year. During the first quarter of 2022, a total of 468 people were killed in car accidents in Georgia, and that number dropped to 410 fatalities this year. That was a significant 3.7% drop. The fatality rate in Georgia dropped from 1.62 fatalities in 2022 to 1.36 deaths this year.

Published on: June 15, 2023

Road Restrictions on E -Scooters Place Riders at Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

Many cities including the metro Atlanta region have seen a boom in the number of e – scooter riders, but limits on the operations of these vehicles mean that many of these riders choose to ride on sidewalks, increasing their risks of being involved in pedestrian accidents.

Around the country, there has been an increase in the number of e – scooter riders, and cities have welcomed the expansion of this community because that reduces the stress on motor vehicle traffic, especially in congested cities like Atlanta. However, many cities have restricted the roads that these vehicles can be operated on. This means riders often choose to ride on sidewalks, placing them in direct conflict with pedestrians, and increasing their chances of being involved in pedestrian accidents. In fact, according to a new study by the Insurance Institute for Highway Safety, there has been an increase in the number of e – scooter personal injuries and accidents involving pedestrians.

In most cities, the laws allow persons to ride e- scooters on roads where the speed limit is 35 miles per hour or less. That restricts the operation of ride vehicles to bike lanes and bike paths. In areas where it is not possible to ride on bike lanes, e – scooter riders prefer to ride on sidewalks. This may be safe for the scooter rider, but involves increased risks for pedestrians, especially when the e-scooter is being operated at high speeds. Most riders do tend to lower their speeds when they are riding on sidewalks as compared to riding in a bicycle lane. Even so, the potential risk of personal injuries to pedestrians is very real. Some cities have placed greater speed restrictions on privately operated scooters that are being operated on sidewalks in order to reduce the risk of personal injuries to pedestrians in accidents with the scooters. Other cities are even considering a complete ban on e – scooters on sidewalks.

Published on: June 12, 2023

Pool Drowning Deaths Increase During Summer

by Robert N. Katz, Esq.

With summer fast approaching and thousands of children and families cooling off in swimming pools across the country, it is important for Atlanta pool owners to understand their risks of premises liability when a drowning occurs on their premises.

Most drownings involving children occur in swimming pools. According to the Centers for Disease Control and Prevention, children between the age of 1 and 4 are more likely to die from drowning than any other factor. For children between the age of 5 and 14, drowning is the second most likely cause of unintentional death, after auto accidents. Every year, there are 4,000 fatal drowning accidents recorded in the United States, and as many as double that number of non -fatal drowning accidents. According to the Centers for Disease Control and Prevention, Georgia has a drowning death rate that is approximately 1.37 for every 100,000 population.

Most of these accidents occur in residential and commercial swimming pools. Even if a drowning does not result in death, it can result in severe or even catastrophic personal injury. The loss of oxygen supply to the brain can result in brain damage and other consequences that can contribute to long- term or lifelong disability of a child or adult. Close to half of all drowning accidents that do not result in a death will result in hospitalization of the victim. A drowning is much more likely to result in death or long term injury compared to other unintentional injuries.

Published on: June 7, 2023

Understaffed Georgia State Patrol Could Mean Higher Auto Accident Risks

by Robert N. Katz, Esq.

The Georgia State Patrol has been steadily losing staff numbers, and there are fears that an understaffed agency could mean a higher risk of auto accidents on our already dangerous highways. When there are less police officers on the road to deter speeding and reckless driving, this conduct will only increase leading to more car accidents and pedestrian accidents.

According to reports, the Georgia State Patrol has been steadily and consistently losing staff members over recent years. In April 2022, the Georgia State Patrol had a total of 828 troopers. However, just a few months later in January 2023, that number had dropped to just 783.

This decline in staffing numbers at the Georgia State Patrol has been evident for a while now. Even as the number of vehicles on Georgia highways has increased exponentially, the number of troopers responsible for keeping these highways safe and responding to car accidents has not kept pace. For example, in 1977, 524 Georgia State Patrol troopers were assigned to keep motorists safe on the highways and respond to accident crises. In 2023, at one point, there were just 497 Georgia State Patrol troopers assigned to the highways, lower than they were at least 45 years ago. These 497 troopers were in charge of maintaining safety on highways that have a far denser population of motor vehicles than they had in 1977.