Georgia Injury Law Blog

Published on: October 20, 2020

Lack of Infrastructure Blamed for E-scooter Injuries

A new report by the Insurance Institute for Highway Safety blames a combination of lack of infrastructure and inexperience for a large number of e-scooter injuries.

Micro-mobility, or the use of e-scooters and bicycles for work as well as recreational travel, is a massive trend in Georgia and across the United States. The number of people who choose to use e- scooters and bicycles has increased exponentially, and this number is only likely to increase further as the pandemic continues. More numbers of people are likely to avoid mass transit to avoid coming into close contact with large numbers of people, and choose modes of transportation like e-scooters and bicycles that prevent them from the risk of infection.

However, just like bicyclists, e-scooter riders also face the risks of injuries, as they travel. According to the report released by the Insurance Institute for Highway Safety, many scooter riders may remain safe as long as they use bicycle lanes. However, the report states that many scooter riders choose to ride their vehicles on sidewalks. This practice is especially common in those areas where bike lanes are not available.

Published on: October 13, 2020

Georgia Marks National Teen Driver Safety Week

by Robert N. Katz, Esq.

The Georgia Governor’s Office of Highway Safety is joining hands with federal agencies to help keep teen drivers safe as part of National Teen Driver Safety Week. This year, the week will be commemorated between October 18 and 24.

A number of events have been planned to mark the campaign which is specifically focused at reducing the risk of accidents involving teens. These include an event called Rock the Belt to encourage drivers to buckle up while driving. Teen drivers tend to have low rates of seat belt usage while driving, and the Rock the Belt campaign will encourage greater rates of seat belt usage among teen drivers.

The campaign also includes a Rollover Simulator lesson plan which involves a PowerPoint presentation, videos of rollover simulations, data on the consequences associated with rollover accidents as well as the risk factors, that contribute to these deadly accidents including drowsy driving and speeding.

Published on: October 6, 2020

FMCSA Denies Pet Exemptions for Truck Drivers

by Robert N. Katz, Esq.

The federal administration has denied a petition by a business group for extension of the hours of service and electronic logging rules that apply to truck drivers travelling with their pets.

The group, Small Business Transportation Coalition, had submitted a petition to the Federal Motor Carrier Safety Administration. In the petition, the group requested exemptions for truck drivers from two of the Federal Motor Carrier Safety Administration’s mandates, including the mandate for electronic logging devices on all trucks as well as the Hours of Service requirements.

According to the petition, drivers travelling with pets should be exempted from the Hours of Service requirements and be permitted to drive for up to 13 hours during their shift. That would be beyond the current truck driving limits imposed by the Federal Motor Carrier Safety Administration. According to the petition, truck drivers benefit from travelling with their pet companions, as this helps relieve boredom and loneliness during long journeys. Longer driving hours would actually help these drivers drive slower, because of the various activities like feeding and walking that they would have to perform in connection with the care of their pets. According to the petition, these drivers would, therefore, need more than the normal hours in order to complete their shifts.

Published on: September 29, 2020

Lower Car Accident Deaths during Pandemic? Think Again.

by Robert N. Katz, Esq.

The pandemic has required many to stay at home from work and school, leaving far few vehicles on the roads, However, contrary to expectations, the number of highway accident deaths in the United States actually increased significantly during the first half of 2020. This was in spite of the lower traffic volumes during the pandemic.

As the Covid-19 pandemic began spreading across the United States, many states including Georgia imposed shelter-in-place orders, discouraging travel, and shutting down businesses. This led to significant drops in traffic volumes from March right through June this year.

That should typically have resulted in lower accident death rates. This, however, has not happened. If anything, the highway fatality rate has actually increased. According to the National Safety Council, there has been a significant 20% increase in the number of highway accident deaths in the first 6 months of 2020, compared to the same period of time in 2019. This increase has occurred even in the face of lower traffic volumes, as a result of the pandemic. The highway accident death rate has increased even though there was a 17% drop in the number of miles travelled by American motorists in the first 6 months of 2020.

Published on: September 22, 2020

COVID-19 Protocols may Increase Slip and Fall Risks

by Robert N. Katz, Esq.

The Covid-19 pandemic has required restaurants, hotels, malls and other commercial establishments that are open in Georgia to adopt certain protocols to maintain safe health standards. However, sanitization and social distancing protocols at these facilities may actually increase the risks of slip and falls at these establishments.

Businesses are now expected to protect not just employees, but also patrons, including customers and guests. Facility Executive, a publication that caters to facility maintenance, has advice for businesses that are looking to reopen in the new “normal.” The new sanitization protocols can lead to the creation of several unsafe slip and fall risk zones around an establishment. It is important for businesses to identify these potential slip and fall risk zones, and take steps to mitigate the risks of fall accidents in these areas.

At many of these businesses, handwashing protocols will reign supreme. The areas around hand sanitization and washing stations are at special risk. Many of these handwashing counters are situated right at the entrance, which means a greater possibility of spillage of liquids and sanitizers on the floor, comprising a possible fall risk, when people enter the establishment.

Published on: September 15, 2020

Lower Quality of Patient Care is a Concern with Telemedicine

by Robert N. Katz, Esq.

As the pandemic began spreading across Georgia, many doctors chose to move their practices online. However, many health professionals will admit that the quality of medical care is likely to be lower with telemedicine.

The Covid-19 pandemic has pushed doctors into adopting telemedicine at a speed that would have been unthinkable before the outbreak. With patient numbers overflowing, hospitals were stretched to their maximum capacities. Georgia’s shelter-in-place orders also meant that many patients who needed to see doctors were no longer able to visit their doctors for office consultations.

Many physicians quickly moved their practices online in order to help deal with patient concerns. Many of these doctors, however, would also be the first to admit that the quality of care with telemedicine is simply not at par with the kind of quality that patient could expect in a face-to-face setting.

Published on: September 8, 2020

Increase in Dog bites Involving Children during Pandemic

by Robert N. Katz, Esq.

The pandemic and shelter-in-place restrictions across Georgia and the country have resulted in an increase in the number of children suffering dog bites.

A new study has found that there was an increase in the number of dog bites involving children between spring and summer this year. The researchers involved in the study are directly attributing this increase in dog bite attacks involving children to the shelter-in-place restrictions, as well as the increased stress brought on by the pandemic.

The research was conducted by a pediatric emergency department which reported a startling increase in the number of children reporting to the emergency department with injuries suffered in dog bites during spring and summer this year. The increase was as much as 3 times higher, compared to the same period of time last year. The results of the study were published in the Journal of Pediatrics recently.

Published on: September 1, 2020

Lower Ranked Nursing Homes have had More Covid-19 Deaths

by Robert N. Katz, Esq.

Nursing homes that have lower rankings by federal agencies have been much more likely to have resident deaths related to Covid-19.

According to the director of the Centers for Medicare and Medicaid Services, nursing homes ranked low by the agency’s nursing home ranking tool have seen higher numbers of Covid-19 deaths, compared to nursing homes that were ranked higher by the ranking tool.

This information provides valuable input for families who are looking for nursing homes for their loved ones in a post -pandemic world. By now, it’s clear that many nursing homes were ill-equipped to handle the patient care challenges resulting from the pandemic. Understaffing is a chronic problem in nursing homes across the country, and has already been blamed for the explosion of cases in nursing homes.

Published on: August 25, 2020

More Female Truck Drivers Could mean Fewer Accidents

by Robert N. Katz, Esq.

Truck drivers are more likely to be male than female. However, female truck drivers are much less likely to be involved in accidents, compared to male drivers. That information comes from a new study conducted in the United Kingdom, which found that eliminating gender inequalities in the trucking profession could go a long way in helping keep our roads safer.

The researchers analysed accident data for 6 different types of vehicles, and found that in at least 5 of those types of vehicles, the risk posed by male drivers was greater than those presented by females.

In the case of cars and vans, the risk posed by male drivers was double the risk posed by female drivers, and in the case of commercial tractor trailers, the risk posed by male drivers was as much as 4 times higher than the risk posed by female drivers. The risks are staggeringly higher when it is a female behind the wheel of a truck. The risks are also dramatically higher when a male rides a motorcycle, with the risk shooting up by ten times compared to a female.

Published on: August 18, 2020

Auto Technology Alone may not be Sufficient to Prevent Accidents

by Robert N. Katz, Esq.

Self-driving cars are being held up as the way of the future, but may not be able to prevent all types of accidents, especially the majority of accidents that can be linked to driver error. Those findings came from a recent study by the Insurance Institute for Highway Safety.

According to the researchers, auto safety design and advancements in technology will help self-driving vehicles identify and avoid many of the hazards that drivers are susceptible to, but this ability, by itself, would not be sufficient to prevent the majority of accidents that occur on American roads.

The data for the study came from the National Motor Vehicle Crash Causation Survey. The researchers identified accident factors that were specifically linked to driver error, and categorised these accidents into 5 types.