Georgia Injury Law Blog

Published on: March 28, 2022

NHTSA Finds Lower Blood Alcohol Limit Reduces Accident Numbers

Drunk driving accidents can result in serious, if not fatal, injuries and have devastating consequences on all those involved. When states lower the maximum blood alcohol concentration level that a motorist can be driving with in his system, it can lead to an overall reduction in the number of people driving under the influence of alcohol, and consequently, the number of car crashes involving such intoxicated drivers.

In Georgia, as with most other states in the country, the maximum blood alcohol concentration limit for motorists is .08 %. If a motorist is driving with a blood alcohol concentration above .08%, he can be arrested for driving under the influence. Some states have been experimenting with lower blood alcohol concentration limits in an effort to understand whether this can further help reduce the incidence of intoxicated driving. Early results of those experiments are now out. The National Highway Traffic Safety Administration specifically focused on a single state that happens to be the only state in the United States that has successfully experimented with lower blood alcohol concentration levels.

Utah happens to be the only state in the country that has a blood alcohol concentration limit of .05 %. In 2019, that state lowered the blood alcohol concentration limit to.05 % from the previous .08%. The National Highway Traffic Safety Administration in its estimate found that as a result, the number of fatal accidents dropped by 19.8% in that state. There was a significant drop of 18.3% in the fatality rate. In 2019, the state recorded 225 fatal accidents in spite of an increase in the vehicle miles travelled compared to the previous year. That was a drop from the 259 fatal accidents that had been recorded in 2016.

Published on: March 23, 2022

Seven States, Including Georgia, Contribute to Majority of Pedestrian Accident Deaths

by Robert N. Katz, Esq.

The Governors Highway Safety Association says that pedestrian accident fatalities increased significantly in 2020 and the months after. Seven states, including the state of Georgia, contributed to more than 50% of those pedestrian accident deaths.

Previous data has shown that the number of motor vehicle crash–related deaths across the country overall has increased since 2020, and pedestrian accident fatalities seem to have constituted a significant percentage of the total. In 2020, according to data by the Governors Highway Safety Association, a total of 6,700 pedestrians were killed in traffic accidents across the country. That was a statistically significant increase of 5% over the 6,412 pedestrians who were killed in accidents in 2019.

The pedestrian accident fatality rate in 2020 actually rose to 21% in spite of the fact that there were fewer vehicles on the road as a result of the pandemic. The fact that there were fewer vehicles on the road does not seem to have had any kind of negative impact on the number of accidents on our roads, and this is a matter of huge concern.

Published on: March 18, 2022

NHTSA Projects Increase in Traffic Accident Fatality Numbers for First Nine Months of 2021

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is projecting a significant 12% increase in the number of people killed in traffic accidents in the first nine months of last year. According to the projected estimates by the federal agency, a total of 31,720 people were killed in traffic accidents between January and September of 2021. That makes it an increase of 12 percent from the same period of time the previous year.

But the news gets worse. This increase marks the highest number of deaths in traffic accidents in the first nine months of any year since 2006. That means that fatalities during the first nine months of 2021 are projected to be the highest in more than 15 years. The National Highway Traffic Safety Administration also estimates that the number of vehicle miles travelled in the first nine months of 2021 also increased by close to 2 percent compared to the same period of time the previous year.

The National Highway Traffic Safety Administration divided the country into several regions with Georgia falling in Region 4. This region accounted for a 14% increase in fatalities in the first nine months of last year. Georgia’s performance mirrors the national average, and the state recorded a 12.2 percent increase in traffic accident deaths in 2021 compared to the previous year. In 2020, 1,185 deaths had been recorded in traffic accidents in the first nine months of the year, and that number has increased to 1,330 deaths in 2021. Increases were seen in 38 states, while in 10 states the numbers actually decreased, and in two states, there was no change in the numbers between 2020 and 2021.

Published on: March 13, 2022

Depression Takes Heavy Toll on Spinal Injury Patients

by Robert N. Katz, Esq.

Spinal cord injury patients who are already struggling with reduced movement and mobility may also be hampered by feelings of depression. According to a new study that was published recently in Spinal Cord journal, the chronic pain that spinal cord injury patients suffer is a major factor in the depression, anxiety and other mental health conditions that they often experience.

A spinal cord injury occurs whenever there has been a sudden jolt or blow to the spinal cord. This blow could occur as a result of slip and fall accidents, car accidents, gunshot wounds, violence and other factors.

In the study, researchers analyzed insurance claims of more than 9,000 persons who had suffered spinal cord injury, and compared these with insurance claims of more than a million people who had suffered no spinal cord injury. The analysis found that in the general population that had not suffered a spinal cord injury, mental health conditions like depression were seen in approximately 31% of the population. When it came to spinal cord injury patients, the rate of suffering depression, anxiety and other mental health conditions was as much as 59 percent.

Published on: March 8, 2022

FMCSA’s New Commercial Truck Driver Training Rule Goes into Effect

by Robert N. Katz, Esq.

Trucking accidents almost always result in serious injuries. Driver error can play a major role in commercial trucking accidents in and around the Atlanta region. A new federal administration’s rule that applies to entry level truck driver training standards went into effect in the month of February. It’s intended effect is to help curb the number of errors made by truck drivers

The Federal Motor Carrier Safety Administration’s new rule applies to entry level drivers who want to make a profession as a truck driver. The rule is called the Entry Level Driver Training rule, and went into effect on February 7. The rule sets the basic minimum baseline requirements for entry level truck driver training programs.

The new rule will apply to any entry level drivers who want to obtain a class A or class B commercial driver’s license, drivers who wish to upgrade their current license from a B to an A level, or wish to obtain bus and hazardous materials endorsements. The rule requires that entry level drivers who want to operate commercial trucks professionally go through the training providers that are listed on the Federal Motor Carrier Safety Administration’s website. This listing of providers went online recently. Once a driver selects a provider from the listing, he must undergo the training program before he appears for the CDL skills test. If the driver is applying for an endorsement for hazardous materials for the first time, he needs to undergo the knowledge test.

Published on: March 4, 2022

Bill Would Allow Georgia Motorists to Hold Cell Phones at Stop Lights

by Robert N. Katz, Esq.

Under Georgia’s current laws, drivers are prohibited from holding a cell phone while driving a car. If a recently introduced bill becomes law, that could soon change.

Senate bill 356 was recently introduced in the Georgia Senate, and would allow drivers to use their hands to hold a cell phone while the car is not in motion or when the car is at a stoplight. The bill has been introduced as a way to provide an easy solution to a common dilemma facing many Georgia drivers. According to those introducing the bill, motorists often complain that they find themselves waiting at stoplights behind drivers who are looking down at their cell phones in their hands and, therefore, not aware of the change in lights. According to the bill writers, allowing motorists to use cell phones while at stop lights would encourage them to hold their cellphone up, which would also allow them to notice the change in lights, thereby preventing them from blocking motorists behind them.

The bill is already getting a lot of pushback from interested parties. At a recent hearing, lawmakers heard from physician groups, associations of police officers and other traffic safety advocates. They said that allowing motorists to use their hands to hold a cell phone while at the wheel simply increases the range of distractions and is completely unnecessary. Opponents of the bill say that allowing cell phone use of any type when a motorist is driving, regardless of whether he is at a stoplight or not, is a bad idea that immediately puts motorists in a distracted frame of mind.

Published on: February 28, 2022

Drugs Compound Effect of Alcohol-Impaired Driving

by Robert N. Katz, Esq.

Driving under the influence of alcohol on its own is dangerous enough, but when a person drives under the influence of both alcohol and drugs, there is an even more dangerous impact on his ability to drive safely. A new analysis of previous studies that have focused on the effect of a combination of alcohol and drugs on a person’s ability to drive safely underscores what safety advocates have always known – that drugs combined with alcohol is a potent auto accident risk.

The analysis of more than 57 previous studies was published recently in the journal Addiction. The researchers were specifically looking at studies that proved a link between a combination of alcohol and drugs on traffic safety.

According to the analysis, the combination of drugs and alcohol has a much more severe and detrimental impact on a person’s ability to drive safely, compared to the influence of only alcohol or only drugs. What is interesting is that the review underscores the different kinds of impact that alcohol and drugs can have on a person’s ability to drive safely. Alcohol, for instance, encourages impulsive and rash driving behaviors like speeding, that significantly increase the risk of being involved in an accident. Drugs, however, do not encourage speeding. In fact, persons driving under the influence of drugs may actually drive slowly, but that does not mean that they are driving safely. Dangerous driving behaviors like veering from the lane are very common when a person is driving under the influence of drugs.

Published on: February 23, 2022

National Roadway Safety Strategy Aims to Reduce Accident Deaths

by Robert N. Katz, Esq.

The federal administration is moving ahead in its plans to reduce the number of Americans being killed in traffic accidents every year with the announcement of a new strategy with the same objectives.

The Department of Transportation has published its National Roadway Safety Strategy with a goal of reducing the number of people killed in traffic accidents. 95% of transportation-related accidents in the country occur on our roads and highways. The Department of Transportation estimates that 20,160 people died in transportation related accidents across the country in the first six months of 2021. That was an increase of 18.4%, compared to the first six months of the previous year. These numbers do not include the thousands of injuries that have occurred in these accidents, leaving victims severely or permanently injured, and burdening families with medical and other expenses.

In 2019, according to the Department of Transportation, Georgia ranked in the top 25% of states in number of fatalities with a total of 1,491 fatalities occurring in the state in transportation related accidents that year. Georgia is also close to the top of the list when it comes to the number of deaths per 100 million vehicle miles travelled with a rate of 1.12 roadway traffic fatality deaths for every 100 million miles travelled.

Published on: February 18, 2022

Multi-Million Dollar GOHS Grant will Help Keep Young Drivers, Children Safer in Georgia

by Robert N. Katz, Esq.

Georgia highway safety efforts will benefit from a multi-million dollar grant by the Governor’s Office of Highway Safety. The grant will provide more than 2 million dollars in funding to the Georgia Department of Public Safety and Augusta University, and is meant to spent exclusively on highway safety.

According to the Georgia Department of Public Health, the money will be used to enhance the agency’s data analysis processes, provide technical assistance to agencies across the state and enhance support for motor vehicle safety programs. The grant to Augusta University will be used specifically to encourage motor vehicle safety in young motorists. Augusta University will receive more than $16,000 in aid to the Georgia Young Adult Program.

The Georgia Department of Public Safety is taking the safety of child passengers very seriously, and plans to use much of the funding to develop programs that help keep child passengers safe in accidents. More than a million dollars, for instance, is going towards the expansion of child car safety seat use across the state. The money will go to the Injury Protection Program’s Child Occupant Safety Program, and the goal is to enhance the use of child car safety seats across the state by providing child safety seats. The program will also use the funds to increase education across the state about the need to keep children restrained in child car safety seats that are appropriate for their age and weight. The program will also invest the funding in the expansion of training programs not just for healthcare professionals and child care providers, but also emergency personnel and firefighters.

Published on: February 13, 2022

How to Avoid Accidents Caused by Stressed driving

by Robert N. Katz, Esq.

It’s no secret that stress levels have skyrocketed in people over the last couple of years, and one of the effects of this increase can be seen in the spike in the number of car accidents across Georgia last year, many of which have resulted in serious injuries.

The unusual circumstances of the pandemic have only exacerbated pre-existing stress and anxiety levels of Atlanta motorists. In addition to the stress caused by work, family, or children, motorists now find themselves having to deal with uncertain prospects and a sluggish economy. All of these factors can contribute to reducing a driver’s ability to drive safely. Driving can be a stressful affair, especially if you are driving at night or on busy routes. Driving on unfamiliar roads can also increase stress levels. All of these factors are compounded in drivers who are already dealing with other forms of anxiety, causing them to become irritable, anxious and unable to focus on the task of driving.

Here are some ways that you can reduce stress while driving. While these tips may not help to alleviate stress caused by work or external factors, they can help you maintain optimum concentration levels at the wheel.