Georgia Injury Law Blog

Published on: March 19, 2017

Drones Could Play a Critical Role in Post-Accident Emergency Care

In the future, drones carrying blood products and medical supplies could prove to be an integral part of emergency and critical care after an accident.

The first few hours after any car or truck wreck are critical for a victim. In fact, in severe accidents, the first hour after the event is extremely crucial, and is often referred to as the “golden hour.” It is during this time that the quality and speed of care delivered to the victim really matters. Delays in receiving emergency medical care during this important time could mean the difference between life and death for injured victims.

Researchers at Johns Hopkins University found that drones can be used effectively to transport large bags of blood products to accident sites and other areas where such critical measures are needed. The cooler technology used in the study was able to maintain the proper temperature of the products.

Published on: March 13, 2017

Drivers with Epilepsy Face Increased Accident Risks

by Robert N. Katz, Esq.

Road safety is always a concern when you suffer from a chronic medical condition. Results have been released from a recent study focused on obtaining a better understanding of the accident risks facing patients with epilepsy.

According to statistics, between 2.5 to 3 million people in the United States currently suffer from epilepsy. Not all types of epilepsy are the same. There are variations in the number of seizures, the frequency of seizures, and the area of the brain from where these attacks emanate. The study focused on understanding how to better protect people with epilepsy, and keep them safe while driving. The researchers found that persons who suffered from longer seizures were more likely to be involved in an accident.

Approximately 70% of people who currently suffer from epilepsy are allowed to drive, provided that they control their seizures using medication. The remaining 25% of patients typically record the frequency and duration of their seizures, and discuss it with their doctors as part of a an ongoing monitoring of their condition.

Published on: February 24, 2017

Who are the Other Parties Liable in a Drunk Driving Accident Claim?

by Robert N. Katz, Esq.

There are a number of parties that can be held accountable in any drunk driving accident. But did you know that there are some parties that may not seem directly involved in the accident, but can still be held liable in a civil claim?

One of the most obvious parties that can be held liable in a drunk driving accident claim is the intoxicated driver. However, victims may also hold liable the commercial establishment that served or sold the alcohol before the accident. These claims are filed under Georgia’s dram shop statute, which allows commercial drinking establishments such as pubs, restaurants, clubs, or liquor stores, to be held accountable in those cases in which drivers drank alcohol sold by the establishment just before an accident.

If the commercial establishment willfully and knowingly serves or sells alcohol to a person below the age of 21, they can be held liable. The establishment can also be held liable if they knowingly serve alcohol to a person who is noticeably intoxicated, and he or she then drives and causes an accident. The establishment, however, must also be aware that the customer will soon be operating a motor vehicle at the time of serving or selling of the alcohol. This is an important element to proving your claim.

Published on: February 20, 2017

Enhanced Catheter Safety Helps Reduce Hospital Infections

by Robert N. Katz, Esq.

Improved safety measures associated with catheters are reducing the risk of contamination of central venous lines and fatal blood stream infections in hospitals.

According to a new study, when hospitals improve catheter safety, there is a significant reduction in the number of potentially fatal bloodstream infections, as well as a drop in health care costs. In the United States alone, more than 50,000 bloodstream infections every year are directly linked to the use of central lines or central venous catheters. Approximately 12% of these infections are fatal.The central lines are used in intensive care units to deliver nutrients and drugs directly to the patients’ bloodstreams. However, the risk of contamination during handling and changing of these catheters is very high. Any contamination of the catheter could quickly result in an infection, spreading quickly to a patient’s bloodstream through the central lines and causing complications.

However, since the spotlight on hospital-acquired infections has increased, many hospitals have moved to implement new safety measures that are designed to reduce the risk of catheter contamination. More hospitals have enforced policies that require staff members to use sterile gloves and other protective equipment during the handling of catheters. Some hospitals are also now training staff members in the proper use and management of catheters, and use of other equipment and supplies to prevent infections.

Published on: January 26, 2017

Missing Accident Data Impedes Ability to Prevent School bus Accidents

by Robert N. Katz, Esq.

The horrifying fatal school bus accident in Chattanooga in November that killed five children has highlighted the frailties in the system that make it difficult to track accidents and take steps to effectively prevent similar deadly crashes.

In November, a bus left Woodmore Elementary School with approximately 37 students on board, crashed into a tree, and flipped over. Six children were killed, and several others injured, including six who were injured seriously enough to be rushed to the intensive care unit. The driver of the bus was arrested on charges of vehicle homicide. At least one of the children on the bus was a kindergartner.

According to the Georgia Department of Transportation (GDOT), this year alone, there have been at least 700 accidents involving metro Atlanta school buses, or approximately 2 crashes a day. However, that data may be incomplete. Officials admit that the database lacks data on many accidents, and this makes it difficult for officials to track accident rates, pinpoint causes, and take steps to eliminate these accidents. Those steps include retraining school drivers, strengthening training and safety standards, and identifying accident trends in particular areas. Better accident data could also help identify dangerous drivers, who can then be removed from the system.

Published on: December 23, 2016

More Americans Stay Safe Behind the Wheel with Seatbelt Use Reaching Historic High

by Robert N. Katz, Esq.

The seatbelt still continues to be the most effective life-saving device in modern automobiles, and new research indicates that Americans are now using it at record highs.

The National Highway Traffic Safety Administration recently reported that American motorists are buckling up at greater rates than ever before. The Agency reported that as many as 90% of all American motorists now buckle up when they drive. That percentage also includes all front seat passengers.

During 2015, seat belt use helped save as many as 14,000 lives in accidents. Since 1975, NHTSA estimates that more than 345,000 lives have been saved as a result of the use of seatbelts. However, failure to wear seat belts still kills. In spite of high seat belt usage rates in 2015, as many as 40% of traffic accident fatalities that year were not wearing a seat belt at the time of the accident.

Published on: December 12, 2016

Avoid Dangerous Toys This Holiday Season

by Robert N. Katz, Esq.

Buying toys and gifts for loved ones this season? Here are some tips to keep in mind, especially if shopping for young children.

Many popular toys come with severe injury risks, specifically the risk of eye injuries. Injuries involving toys are far too common to ignore. The Consumer Product Safety Commission estimates that in 2014, there were approximately 251,800 injuries related to the use of toys reported to emergency rooms across the United States. That works out to approximately 500 child injuries every single day. Nearly 50% of these injuries involved children below the age of four. And a significant 44% of those injuries involved injuries to the face and head areas.

The eyes are especially vulnerable to impact from projectiles, or sharp edges on children’s toys. These injuries can be severe, and even have permanent effects on the victim. One study published recently in the JAMA Ophthalmology journal found that air guns, basketballs and baseballs cause approximately 50% of all sports-related eye injuries.

Published on: November 20, 2016

Common Distracted Driving Myths

by Robert N. Katz, Esq.

It comes as no surprise that many serious motor vehicle accidents are the result of distracted driving. Yet there continues to be many misconceptions about what pulls drivers’ attention from the roadway. The National Safety Council says there are several myths about distracted driving that motorists need to be aware of.

Myth Number One: Ability to multi-task

Many drivers believe that they are capable of effectively multitasking while behind the wheel, but this is simply not true. The human brain is simply not designed to perform more than one challenging activity at the same time, especially when those activities require some amount of thinking. When the brain is required to switch between two tasks frequently, it slows down reaction times, and if the person is driving a car, the result could very well be an accident.

Published on: November 15, 2016

Lane-Drift Accidents Often Linked to Drowsiness, Drug Abuse

by Robert N. Katz, Esq.

Many accidents that are caused when a vehicle veers out of its lane and hits another car are believed to be the result of motorists being sleep deprived, driving under the influence alcohol or drugs, or suffering a serious medical condition. A new study confirms this.

According to a new study by the Insurance Institute for Highway Safety, incapacitation was the key factor in approximately 34% of lane-drift accidents studied as part of the research. Incapacitation here refers to a motorist dozing off while sleeping, blacking out in a medical emergency, or passing out under the influence of alcohol or drugs.

The research focused on approximately 630 lane-drift accidents that occurred between 2005 and 2007, and found that in approximately 17% of the accidents, the driver fell asleep at the wheel just before the accident. In another 17% of the crashes, the driver either blacked out at the wheel due to drug or alcohol use, or suffered a medical emergency like diabetic shock, seizure or heart attack.

Published on: October 31, 2016

Filing a Wrongful Death Claim in Georgia

by Robert N. Katz, Esq.

Georgia’s laws clearly define eligibility criteria for a wrongful death claim. The laws also define the statute of limitations for filing a claim and allow for several different types of damages to be recovered.

Under Georgia law, the spouse of the deceased has the first claim to damages. If the spouse isn’t available, the children may file a wrongful death claim. If there are no children available to file a claim either, surviving parents of the deceased may bring a claim. If none of these parties are available to file a claim, the personal representative of the deceased’s estate can file a wrongful death claim to recover damages.

Under Georgia’s wrongful death laws, the survivors of the deceased / personal representative of the deceased’s estate can file to recover the following types of damages.