Georgia Injury Law Blog

Published on: November 26, 2019

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

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.

Published on: October 8, 2019

Spinal injury treatment breakthrough offers hope to victims.

by Robert N. Katz, Esq.

Spinal cord injuries can be caused by a variety of accidents, including auto or truck crashes, as well as motorcycle, pedestrian and bicycle accidents. A serious fall accident can also result in a spinal cord injury.

Spinal cord injuries are a type of catastrophic injury and can be a life-altering injury. Broadly, any spinal injury may result in loss of sensation or movement in one or all limbs, loss of bladder and bowel control, loss of sexual function, pain, difficulty in breathing and other complications.

If you suffer a spinal cord injury, your ability to live your life as it was before the injury will be dramatically affected. Oftentimes, there needs to be modifications made to your home and car to make it possible for you to move about or be independently mobile. Most people who have suffered a spinal cord injury, however, require long term care or assistance with daily activities. This type of care can cost upwards of tens of thousands of dollars and can be sometimes into the millions.

Published on: October 1, 2019

DeKalb County Boosts Pedestrian Safety Efforts

by Robert N. Katz, Esq.

There is no doubt that the metro-Atlanta area is growing by leaps and bounds. With that growth comes increased traffic, congestion, and unfortunately motor vehicle accidents. Some of these accidents can be deadly, especially when a pedestrian is involved.

DeKalb County is the second most dangerous county for pedestrians in Georgia, second only to Fulton County. In fact, between 2014 and 2016, there were a total of 67 pedestrian accident fatalities in DeKalb County. Pedestrian deaths, during this period of time, accounted for around one- third of all traffic accident fatalities in the county.

Alarmed by these statistics, officials at DeKalb County have decided to take firm and strategic action to reduce the number of pedestrians killed in traffic accidents, and make the county roads safer for all. DeKalb County Health Board officials are discussing ways to reduce these fatalities with Georgia Governor’s Office of Highway Safety officials, as well as representatives from the DeKalb County Police Department and other concerned pedestrian safety advocates.

Published on: September 26, 2019

How Roundabouts Improve Traffic and Pedestrian Safety

by Robert N. Katz, Esq.

Roundabouts, or traffic circles, are becoming more and more popular with city planners lately to improve traffic flow and overall road safety. In fact, you’ve probably run into one while driving in a residential area or around the local roads in your community.

Roundabouts have been around for decades, but are gaining more traction as an effective alternative to conventional traffic lights. In a traditional roundabout, vehicles travel in one counterclockwise direction around a center island. Vehicles that are entering the roundabout yield to those already in the traffic circle, and there are usually lanes for vehicles to exit the traffic circle onto their desired street.

The most common types of accidents that occur in traditional intersections are left-turn, t-one, and head-on collisions. Roundabouts have been found to be very effective in intersections that involve high-crash locations, multiple left-turn configurations, and prolonged traffic light cycles. In fact, some states, such as New York and Virginia, have opted to consider roundabouts as the first option for road planning versus conventional traffic lights. There are even some smaller islands and regions where traffic lights have been replaced altogether by roundabouts. Other benefits of traffic circles include reduced fuel consumption and emissions since car spend less time idling at traffic lights.

Published on: September 18, 2019

Georgia City to Pass Law for Stronger Accident Protections for Bicyclists

by Robert N. Katz, Esq.

Georgia has seen an increase in bicyclist on the roads in the past several years. While the state laws have a few protections in place for bicyclists, the city of Dunwoody is going one step further and proposing a new law that have even tougher penalties for dangerous drivers, and make the roads safer for bicyclists.

The Dunwoody ordinance was introduced by City Councilman Tom Lambert. Currently, Georgia laws require that vehicles maintain a distance of a minimum of 3 feet while passing bicyclists. However, the ordinance would extend that provision to 6 feet, and would add trucks and commercial vehicles to the law. These vehicles would be required to maintain a distance of a minimum of 6 feet while passing bicyclists.

The ordinance also proposes stiffer penalties for motorists who fail to respect the rights of bicyclists. It goes further than any other such similar ordinances passed elsewhere in the state, because it specifically targets motorists who engage in intimidating and harassing actions towards bicyclists. As many cyclists in Atlanta know, cyclists are far too vulnerable to road rage incidents, and are most likely to become victims of aggressive driving or harassment. Unfortunately, many motorists believe that the roads were created exclusively for the use of four-wheelers and passenger cars, and many do not respect bicyclist rights. Despite encouraging everyone to “share the road,” not all do.