Georgia Injury Law Blog

Published on: June 8, 2022

Data Shows Universal Motorcycle Helmet Laws very Effective in Preventing Accident Deaths

A motorcycle accident is more likely to result in fatal injuries than any other type of motor vehicle accident. This is mainly because a motorcycle rider does not have the protection being in an enclosed vehicle, but also because many motorcycle accidents can result in serious head injuries. This is why a wearing a motorcycle helmet while riding a motorcycle is critical in preventing injury.

Georgia is one among several states that have universal motorcycle helmet laws requiring all riders and passengers on motorcycles to wear helmets while riding. Data from the Insurance Institute for Highway Safety shows that universal helmet laws go a long way in increasing helmet usage among passengers and riders, thereby preventing the kind of serious crash-related injuries that can result in death. If you are riding a motorcycle in Atlanta, you must wear a helmet regardless of your age, riding experience or whether you are a rider or a passenger on a motorcycle.

Universal motorcycle helmet laws make sense, and it can be hard to understand why only a few states have these laws in place. It wasn’t always like this. Several decades ago, the administration had tied universal motorcycle helmet laws to state accessibility to construction funds. As a result, all states excluding 3, had universal helmet laws. However, when these incentives were removed, many states went ahead with the decision to repeal universal helmet laws within their borders. This has proved to be a disaster for some of these states that have recorded high percentages of traffic accident fatalities involving motorcycle crashes since the laws were repealed.

Published on: June 4, 2022

Feds Record 13% Increase in Trucking Accident Deaths in 2021

by Robert N. Katz, Esq.

2021 was a deadly year for truckers and other persons involved in accidents with large commercial trucks and 18-wheelers. The latest data by the National Highway Traffic Safety Administration reflected a 13% increase in the number of deaths in accidents involving large trucks last year, compared to 2020.

The National Highway Traffic Safety Administration released its latest traffic crash data for 2021, and the figures are bleak. Overall, traffic fatalities were up by as much as 10.5% from 2020. Interestingly, many of these fatal accidents occurred during the day time and on rural or artery roads. Overall, these were the highest traffic accident death numbers on record since 2005. Many in the industry and in the federal administration believe that these rates are at “crisis levels”.

The news on the trucking safety front was not much better. The National Highway Traffic Safety Administration considered any commercial truck weighing at or above 10,000 pounds as a large truck for the purposes of data collection. The figures included not just smaller trucks, but also non-commercial trucks. There were a total of 5,601 deaths involving truck accidents in 2021, compared to a total of 4,965 accident deaths the previous year, a significant 13 percent increase. Increases in deaths in crashes involving at least one truck were recorded in all months, except January, February and October of last year.

Published on: May 31, 2022

Georgia DOT Extends Connected Vehicle Pilot Program to More Areas

by Robert N. Katz, Esq.

Drivers on Georgia’s roads and highways have no doubt seen them – the overhead warning signs of traffic problems up the road. Road signs and warning signs are play an important role alerting drivers of upcoming dangers on the roads. The Georgia Department of Transportation has decided to extend a data gathering program involving connected vehicles to more areas around the state.

The program is the latest phase of an initiative that was launched in 2019. The initiative is a collaboration between the Georgia Department of Transportation, Panasonic, Kia Motors and The Ray, a transportation tech company. The aim of the initiative was to gather data using vehicles connected to each other along limited stretches of highway. The first phase of the program involved four Georgia Department of Transportation vehicles that were connected with each other and collected data as they traveled frequently on routes along an 18 – mile stretch of interstate 85.

However, the program has now been expanded to cover rural areas and a greater number of vehicles. In this phase, the program will involve 7 Kia vehicles that are part of the connected vehicle environment. The aim is to collect real time traffic data as these vehicles travel every day. The difference between this phase and the previous phase is that the 7 Kia cars are being driven by employees who will be going about their daily lives and work routines, traveling to work and on errands, all the while gathering important data about the effectiveness of connected vehicle programs in ensuring motorist safety. The potential for data gathering is, therefore, huge in this phase.

Published on: May 28, 2022

Construction Work on Accident-Prone Georgia Interchange to Begin Soon

by Robert N. Katz, Esq.

Anyone who has driven on the highways in the Atlanta area knows that construction and changes in traffic patterns are never ending. Not only is there a maze of highways in the Atlanta area but the connecting points of the various highways are also always being shifted one way of another.

The interchange at interstate 285 and interstate 20 East is one of the busiest interchanges in the state, and has been a particularly dangerous one for motorists. It’s one of the deadliest junctions in Georgia, and responsible for causing hundreds of accidents every year. However, if plans to fix this particular piece of roadway are successful, the rate of deadly accidents at this interchange could soon be minimized.

The design of this junction creates a sort of optical illusion that does not warn drivers about the steep curve that lies ahead until it is possibly too late to stop. These hazards have been responsible for causing a large number of accidents over the years. In fact, according to the Georgia Department of Transportation between 2016 and 2021, there were a total of 3,000 motor vehicle accidents occurring at the interchange. These accidents resulted in more than 110 deaths.

Published on: May 24, 2022

Feds Move Forward with Truck Speed Limiter Rulemaking

by Robert N. Katz, Esq.

An accident with a tractor trailer truck is one of the worst types of motor vehicle accidents, and they usually result in serious if not fatal injuries. If there’s one thing that safety advocates as well as the trucking industry agree on, it is the need for speed limiters on commercial trucks. The federal administration recently announced its intention to move forward with rule making on this critical safety issue.

The Federal Motor Carrier Safety Administration recently issued its Notice of Intent that shows its intent to move forward with rulemaking on the issue of requiring speed limiters on commercial trucks and tractor trailers. According to the Federal Motor Carrier Safety Administration, it has been able to identify that speed is a critical safety issue when it comes to large commercial trucks and 18 -wheelers. The agency identifies speed management as a critically important precautionary measure that can help reduce the risk of serious injuries and fatalities involving truck accidents.

The administration has focused on the problem of high speeds involving commercial truck for a while now. The new notice of intent follows up on a proposal that was determined in 2016 by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration. The 2016 proposal called for the installation of speed limiters on trucks weighing more than 26,000 pounds. However, the proposal did not determine a maximum speed limit. That will now happen with the federal administration’s new move in this regard. Over a period of time and with inputs from not just American trucking groups, but also the public, the Federal Motor Carrier Safety Administration will be able to determine a speed limit for commercial trucks.

Published on: May 21, 2022

“Risky Behavior” Could Increase Post Traumatic Brain Injury

by Robert N. Katz, Esq.

A traumatic brain injury occurs when there is a jolt or blow to the head, and this can occur in any number of accidents, like an auto accident or a slip and fall accident. A fall does not have to occur from a height for an injury to occur. A fall that occurs when a person is walking or when he trips or slips, could also result in a blow to the head that is serious enough to cause an injury.

We are constantly learning about the many ways in which a traumatic brain injury can continue to impact victims of car accidents, slip and fall accidents or other types of accidents. It goes without saying that a catastrophic brain injury can affect every aspect of a victim’s life and his or her loved ones. Scientists recently analyzed the findings of five different studies on risk-taking behavior in rats, and determined that brain injuries can affect decision- making abilities.

Studies on decision -making abilities in humans after a traumatic brain injury have earlier been conducted through the Iowa Gambling Task. In this experiment involving decks of cards, subjects are made to choose from decks of cards, and understand over a period of time that two out of 4 decks involve high rewards and higher risk of losses, while the remaining two decks involve lower risks and lower rewards. This experiment was the basis for the Rodent Gambling Task in which researchers used sugar pellets to encourage the rodents. The animals were made to choose among four ports, two of which involved a large number of pellets, but also a higher punishment in the form of a timeout.

Published on: May 17, 2022

White House Calls for Emphasis on Motorcycle Safety

by Robert N. Katz, Esq.

Safety organizations in Georgia and around the country are marking the month of May as National Motorcycle Safety Month, and President Joe Biden himself recently issued a statement recognizing the importance of prioritizing the safety of motorcyclists.

This May, transportation safety agencies in Georgia have planned a number of programs to bring awareness to motorcycle safety issues. The Georgia Department of Driver Services Commissioner says that it is important for all Atlanta drivers and motorcyclists to understand that motorcyclists and riders can be kept safe through a combination of avoiding distracting behaviors, staying within speed limits and respecting the rights of all on the road.

Georgia has an admirable record as far as motorcycle safety is concerned in that the state is one of just 19 other states and the District of Columbia that have passed universal motorcycle helmet laws. These laws require all persons riding a motorcycle to be wearing a helmet at the time.

Published on: May 14, 2022

NHTSA Launches New Critical Recall Safety Feature on Website

by Robert N. Katz, Esq.

Recalls on cars can be made for a number of issues, most of which in safety concerns. These can include faulty brakes, seatbelts and even headlights. A number of recent car recalls have involved vehicles that are at risk of engine fires even when they are parked. The federal administration has recently launched a new feature on its website that specifically alerts owners to the dangers of fires and other critical safety risks with these defective automobiles.

The National Highway Traffic Safety Administration provides information about car safety recalls on its website. However, a number of recently recalled vehicles have involved critical safety risks like engine fires. In 2022 alone, Kia Motors and Hyundai have initiated recalls of more than 485,000 automobiles because of engine fire risks. The risk in all of these automobiles is that the cars can catch fire not only when they are being operated, but also when they are parked. The companies admit that they have received at least 11 reports of fires that occurred in these automobiles, although none of these resulted in injuries.

Any kind of car fire can lead to catastrophic consequences. In the case of a car that is being driven, both driver and passengers could be at risk of injuries. In the case of a parked car, it is not just the car that is at risk of fire damage, but cars parked nearby as well as structures are also at risk of major damage. Recalls of such cars are critically important because of the risk of injuries as well as property damage.

Published on: May 11, 2022

These Traffic Safety Signs Actually Increase Accident Risks

by Robert N. Katz, Esq.

There is no shortage of road signs on Georgia’s roads warning drivers of construction, traffic patterns and accidents. Traffic safety signs warning Atlanta drivers to avoid drunk driving or stay within speed limits can help remind motorists about the need for such safe driving practices. However, not all traffic safety signs in Georgia have a positive effect on reducing motorist accident risks. In fact some may have the opposite effect.

A recent study actually found that traffic safety signs that display the number of fatalities that have occurred on that stretch of road or in the city recently could actually have a detrimental effect on motor safety. Many states now have these traffic safety signs that provide the tally of the number of fatalities recorded in the area. They are meant to catch a driver’s attention, and imprint on a motorist the need to drive safely at all times. They are meant to warn drivers about the very real risks of being involved in a serious accident. Unfortunately, these traffic signs could actually be having a detrimental effect on motorist safety. The study found that the signs caused a slight increase in the number of accidents on these roads.

The results of the recent study published in the Science journal found that when signs displayed a tally of the road traffic accident deaths to motorists, it actually resulted in a slight increase of 1.35% in the number of traffic accidents recorded on the six-mile stretch after the sign. When it came to the 5 -mile stretch after the accident death count sign, the accident rate actually increased by 1.52%. The researchers believe that the impact of these signs is equal to increasing the speed limit by as much as 5 miles an hour, or reducing the number of highway safety troopers by 6 to 14%. The researchers were also able to calculate the number of accidents related to these traffic safety signs, and say that in the state of Texas at least, the death tally sign campaign resulted in 2,600 traffic accidents and at least 16 traffic accident deaths in one year alone.

Published on: May 7, 2022

NHTSA Runs Campaign to Prevent Distracted Driving Accidents

by Robert N. Katz, Esq.

Distracted driving has become more and more problematic over the years. Fatal distracted driving accidents are more likely to involve motorists between the ages of 18 and 34. It is this demographic that the National Highway Traffic Safety Administration targeted recently in a campaign against distracted driving.

The National Highway Traffic Safety Administration’s nationwide distracted driving campaign ran between April 4 and 11 this year. The campaign was called U Drive. U Text. U Pay and it focused on reminding drivers about the dangers of using electronic communication devices like cell phones at the wheel. Most motorists think that the most dangerous thing that they could be doing with a cell phone while at the wheel is texting or talking on cell phone. The truth is that there are a wide variety of other very distracting tasks that a motorist can perform while at the wheel. These can include reading and replying to emails, uploading photos and videos on social media and taking selfies while driving. All of these are very distracting activities that can significantly increase the potential for a deadly accident.

You do not even have to be engage with your cell phone throughout the time you are driving for the risk to increase significantly. Merely taking your eyes off the road or your hands off the wheel for a few seconds can be sufficient to cause a disastrous crash.