Georgia Injury Law Blog

Published on: December 28, 2019

Driving in Wet Weather: Risks and Liabilities

This time of year in the metro-Atlanta region is usually wet and rainy. This kind of weather not only puts a damper on holiday activities, but can also make engaging in any other activity more difficult than normal. For instance, driving in wet weather is always more dangerous. The roads are slick and slippery, and visibility is impaired, all of which makes for very challenging driving conditions. If you can, it’s always best to avoid driving in stormy weather. You should be driving in such weather only in case of an emergency.

Driving in wet weather means having to adjust your driving to accommodate for the rough road conditions, the bad weather and poor visibility. Whether you are driving in light showers or in the middle of a rain storm, it’s important to be cautious and modify your regular driving for the difficult challenges facing you. Unfortunately, most drivers drive on auto pilot, meaning that they don’t take into consideration the changes in the environment and conditions around them that could place them at serious risk of an accident.

Poor visibility during wet weather is one of the more dangerous conditions that can affect your safety during driving. You should always turn on your headlights and keep them on when you’re driving in wet weather, or even when it’s overcast. This will not only increase visibility for you in this weather, but will also make your car more visible to other motorists.

Published on: December 20, 2019

Filing Slip and Fall Claims Involving Seniors

by Robert N. Katz, Esq.

As we age, we become more vulnerable to injuries, especially after an accident. Senior citizens have a higher risk of suffering falls due to a variety of reasons. Many of the reasons are caused by deteriorating health conditions, which in turn can result in serious injury after a fall accident.

As you get older, gait and balance may be affected and compromised, making it much more likely that you will lose your balance and suffer a fall. Muscular weakness is another common factor in slip and fall accidents. While bone health is a common focus of senior health, muscular weakness is often ignored. This is in spite of the fact that seniors may have a higher risk of muscular weakness as they age. Muscular strength is critical in helping to maintain proper gait and balance. If you’re suffering from weakened muscle strength, it becomes harder to maintain your balance and avoid a fall.

Worsening vision can also increase a senior’s risk of a trip and fall. Failing vision often contributes to falls. Ideally, a senior should have an eye exam every 6 months. If your loved one falls in this high-risk category, make sure that he takes regular eye exams. Regular physical exams are also very important.

Published on: December 14, 2019

Depressed Doctors at Higher Risk of Medical Errors

by Robert N. Katz, Esq.

Depression affects millions of people in the U.S. Depression can sometimes be caused by life events such as job burn-out. When a doctor suffers from burnout-related depression, a patient’s safety may be compromised.

According to the results of a new study, doctors who are depressed may be at a higher risk of making medical errors that threaten patient safety. The study which was published recently in the JAMA Network Open, finds that depressed doctors are more likely to report medical errors. The study also finds that these medical errors actually increase the risk of the doctor committing even more serious errors in the future. These medical errors can result in a medical malpractice claim.

Several earlier studies have indicated that physicians are at a high risk of mental problems, like depression, due to a number of factors. Physician burnout is a very real phenomenon, and can be linked to heavy caseloads, stressful work environments and high pressure challenges that can lead to feelings of irritability, lack of morale and motivation and feelings of hopelessness. Many studies have pointed to certain fields of medicine that are more prone to high stress levels, like oncology and surgery.

Published on: December 4, 2019

Distracted Walking is Common Cause of Brain Injuries Pedestrian Accidents

by Robert N. Katz, Esq.

We all know distracted driving is dangerous and can cause deadly accidents, but distracted walking can be just as dangerous to both pedestrians and motorists alike.

Distracted walking includes activities such as texting or emailing while walking, using social media apps while walking, listening to music and even playing a game on the phone while walking.

These days with everyone constantly on their cell phones, distracted walking accidents are increasing at an alarming rate. According to the National Safety Council, over 6000 pedestrians were killed in motor vehicle accidents in 2018. Statistics from the National Highway and Transportation Safety Association show that most of these pedestrian deaths occurred in urban areas, such as the metro Atlanta, on the open road, and at night. The actual number of pedestrian injuries are probably even higher as these statistics focus on only the number of medically treated injuries and death. The problem has gotten so bad that some cities and states have either banned using a cell phone while walking or will fine those who violate such laws.

Published on: November 26, 2019

Spinal Cord Injuries in Slip and Fall Accidents: Frail Victims Have Higher Risk of Complications

by Robert N. Katz, Esq.

Spinal cord injuries can be devastating and have life long implications. A traumatic spinal cord injury is difficult to recover from for most all individuals. However, frail victims of spinal cord injuries may have a much higher risk of adverse effects and complications than healthy individuals. These complications can include greater occurrence of hospitalizations and death after the injury.

According to the results of a new study that was published in the Journal of Neurotrauma, frail victims of a spinal injury are at a higher risk of possibly life -threatening complications after the injury. The researchers identified spinal cord injury victims from between 2004 and 2016. The average median age of the patients was 50.3 years. Out of a total of 643 patients that were studied as part of the research, 77 percent were male. Falls were the leading cause of spinal injuries, with more than 60 percent of the patients, having suffered a spinal injury as the result of a slip and fall accident.

The researchers found that in patients below the age of 60 years, a person’s frail condition was a fairly reliable predictor of the number of adverse events, in-hospital mortality as well as length of hospital stay. In patients that were between 61 and 75 years of age, the frailty index also predicted the number of adverse events, length of hospital stay as well as in- hospital mortality. However, in patients above the age of 75, frailty did not predict any outcomes.

Published on: November 19, 2019

NHTSA Data: Overall Crash Fatalities Down; Pedestrian, Bicycle Deaths Up

by Robert N. Katz, Esq.

New data released by the National Highway Traffic Safety Administration reveals both good and bad news for drivers and pedestrians.

The good news is that the agency recorded an overall drop in traffic accident fatalities across the United States in 2018. The bad news is that while there was a drop in the number of people killed in car accidents in the country last year, there was actually an uptick in the number of bicycle and pedestrian fatalities during the same period of time.

According to the National Highway Traffic Safety Administration, there was a 2.4 percent drop in traffic accident deaths in 2018. There were 36,560 traffic crash fatalities in 2018, compared to 37,473 deaths in 2018. The fatality rate dropped from 1.17 in 2017 to 1.13 in 2018. This is also the lowest recorded fatality rate in five years.

Published on: November 8, 2019

Women More Likely to be injured in Accidents; Yet Safety Testing Focuses on Men

by Robert N. Katz, Esq.

It may be surprising to learn that women are as much as 73 percent more likely to suffer serious injuries in a car accident compared to men. Yet, the country’s federal safety regulatory authorities continue to ignore the need for testing standards that focus on the unique physiological differences between male and female bodies.

Hopefully this will change soon as at least one lawmaker is calling on the National Highway Traffic Safety Administration to include crash test dummies that mimic the unique physiological and anatomical differences of females in 2019 in the design of its crash tests.

This is not the first time that attention has been drawn to the fact that women’s safety receives less priority when it comes to crash testing standards and auto safety. As far back as 1981, experts proposed that the National Highway Traffic Safety Administration use crash test dummies representing the average female occupant of a motor vehicle. However, no real steps have been taken to address this safety concern in the close to four decades since that first proposal was submitted. Even when female crash test dummies are used, the dummy is an outdated model that was designed in the 1970s and only represents 5 percent of American women today. In fact, this particular dummy design is also actually used to substitute for dummies representing 12 and 13 -year -old child occupants.

Published on: October 31, 2019

Tips for Safe Trick or Treating This Halloween

by Robert N. Katz, Esq.

Children of all ages love Halloween. Between the costumes, the parties, and let’s not forget the candy, what’s not to like about Halloween if you are a kid. But did you know that Halloween is actually the deadliest day of the year for children? Children are twice as likely to be hit by a car on this day than any other day of the year. And many of these accidents result in fatal injuries.

In fact, the National Safety Council ranks October as the second dangerous month of the year for children, due in large part to Halloween accidents. To keep your children safe while they are trick or treating this Halloween, here are some tips to make sure everyone enjoys the festivities.

First, your child’s costume should be bright and reflective. You may even want to consider adding reflective strips to your child’s costume and have your child carry a flashlight. At a minimum, have them wear glow-in-the-dark accessories or a glow stick to make them more visible. The deadliest hours of trick-or-treating occurs during the time frame of 5:00 to 9:00 when daylight fades and turns into night. Although many Halloween costumes lean towards the dark and ghoulish, a bright costume will make sure your child is visible and easily seen by motorist and will help to keep them safe.

Published on: October 23, 2019

Records of Truckers’ Drug History Will Be Available to Employers in 2020

by Robert N. Katz, Esq.

Far too many truck accidents are caused every year by drivers under the influence of drugs, especially those like methamphetamines which are specifically taken to help drivers stay awake for long periods of time. When the effects of these drugs wear off, the driver may feel extremely fatigued and may fall asleep at the wheel. This sets up not only the truck driver but everyone he is sharing the road with for a catastrophic accident with deadly results.

For years, truck drivers have been able to conceal records of their drug and alcohol use. This was because of a loophole in the law that failed to provide a system through which potential employers could look at an applicant’s drug and alcohol use records. Fortunately, that will change soon.

Beginning in January 2020, all trucking companies will be required to check if the potential truck driver recruit they are planning to hire has a history of drug and alcohol use on the job. They can do this by going through the Drug and Alcohol Clearinghouse which contains these records.

Published on: October 15, 2019

How to protect yourself when the at-fault driver doesn’t have car insurance.

by Robert N. Katz, Esq.

One of the main purposes of car insurance is to help make you whole if you are injured in a car accident. However, not all car owners have enough insurance coverage or any at all. Unfortunately, it happens more often that it should – a person gets injured in a motor vehicle accident and suffers serious injury, and the person who caused the accident does not have car insurance. Sometimes, the at-fault driver may have some car insurance, but it’s not enough to wholly compensate the injured victim. So what can the injured person do to make sure they are fully compensated for their injuries? This is where you uninsured or underinsured motorist coverage in your own car insurance policy comes into play.

Georgia law requires that all vehicles have a minimum amount of liability insurance of $25,000 per person and $50,000 per accident for body injury. Unfortunately, many car owners do not comply with this law and are guilty of driving their car on the streets without any car insurance. Even more unfortunate is the person who happens to get hit by one of these car owners and injured as a result. There will be no insurance coverage by the at-fault driver to cover his injuries. Other times, you may be injured in a car accident and even though the at-fault driver has the minimum amount of car insurance, the $25,000 is still not enough to compensate you for your injuries and medical bills.

Uninsured motorist coverage, or UM coverage, is exactly what it sounds like. UM coverage is an option on your car insurance policy that provides you coverage if you are involved in a car accident with someone who does not have car insurance. Underinsured motorist coverage, or UIM coverage, is the option on your car insurance policy that provides the extra coverage you need for when the at-fault driver’s minimum policy does not compensate you fully for your injuries.