Georgia Injury Law Blog

Published on: May 5, 2016

NHTSA Uses Naming and Shaming Tactics to Fight Texting While Driving

When it comes to preventing distracted driving, all of the onus is on motorists. While there are laws in place to punish distracted drivers, these are often difficult to enforce or incorporate mild punishments, and are therefore not as effective as needed. Far too many motorists are very comfortable with texting while driving.

It is these types of motorists that the National Highway Traffic Safety Administration (NHTSA) is targeting with a new social media initiative. As part of the effort, NHTSA’s official Twitter account has been naming and shaming Twitter users who reference distracted driving or using cell phones while driving in a flippant way.

The agency’s Twitter feed has garnered a lot of attention in recent weeks for its very targeted, specific, and clear messages to Twitter users who joke about texting while driving, or seem nonchalant about the dangers of distracted driving. In one message, the agency sharply scolds a Twitter user who seems blasé about the dangers of using the SnapChat app while driving. In another, it offers words of appreciation and praise for a user who seems very clued-in to the dangers of distracted driving.

Published on: March 26, 2016

Emotional Driving Increases Accident Risk

by Robert N. Katz, Esq.

Almost all motorists recognize the dangers associated with driving while distracted or drunk, but did you know that driving while emotionally distressed also significantly increases your risk of being in a motor vehicle collision? New studies confirm that persons driving while upset, sad or angry place themselves and other motorists at substantial risk.

According to a study by the Virginia Tech Transportation Institute, motorists who are driving when they’re angry, sad or otherwise emotionally off-center increase their accident risk by ten fold. In fact, according to the study, the risks of driving in an emotionally distressed state are much higher than driving while distracted. The study found that driving while engaged in activities that caused the driver to take his or her eyes off of the road, like using a cell phone or texting, doubled the accident risk for motorists.

There is a reason why emotional driving may be even more dangerous than distracted driving and other types of dangerous behaviors. When a person is emotionally off kilter, they often fail to recognize how it may impact their ability to drive safely. In comparison, motorists who text while driving or use a cell phone while driving are usually aware that what they’re doing increases the risk of an accident. In other words, if you’re driving in an emotionally fatigued or overly excited state, you may not appreciate the need to slow down or be more cautious while driving.

Published on: March 24, 2016

Evidence to Gather in a Nursing Home Abuse Claim

by Robert N. Katz, Esq.

When a loved one has suffered abuse or neglect in a nursing home, you must step in and ensure that he or she is protected. It is also important to begin the process of filing a claim to recover compensation for the damages that your loved one has suffered.

Holding a nursing home liable for damages is tricky. You must provide evidence that abuse or neglect did occur, and that the facilities conduct resulted in physical or emotional injuries. Basically, when you file a legal claim against a nursing home, you must be able to prove certain key elements, including:

· The nursing home owed a duty of care to your loved one.

Published on: March 2, 2016

Accidents Caused By Defective Seatbelts

by Robert N. Katz, Esq.

Seatbelts are arguably the single most important automobile safety invention in history. However, when seatbelts are defective, there is a serious risk of injury to car occupants.

Seatbelt use across the United States is at close to all-time highs. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, seatbelt use across the United States reached 88.5%. That was an increase from 86.7% recorded in 2014. Although that is not believed to be a statistically significant difference, it is encouraging to note that Americans continue to buckle up even though cars now come with several high-tech safety features. The fact is that in many different types of accidents, it is the seatbelt that significantly reduces the risk of serious injuries or death.

Make sure that you and other people in your car are always buckled-up while driving. Children must not be restrained in seatbelts unless they have reached the proper age and weight.

Published on: January 28, 2016

Calendar year 2015 did not provide great news for motorists in Georgia.

by Robert N. Katz, Esq.

Calendar year 2015 did not provide great news for motorists in Georgia. Not only was there a spike in the total number of people killed in car accidents across the state last year, but there also appears to be a rise in the number of people killed in alcohol-related car accidents.

The rise in Georgia’s car accident fatalities numbers is concerning. After declines were reported for close to nine consecutive years, traffic accident death numbers actually increased in 2015. In 2015, more than 1,300 people died in car accidents, and at least 25 % of those fatalities are estimated to have involved an impaired motorist.

The 25% number has not been confirmed yet, because the final numbers are still being compiled. Exact details about the alcohol percentage in each of these fatalities is not yet known, but based on past data, it’s quite reasonable to believe that the 2015 numbers involving drunk driving was very high. According to the Governor’s Office of Highway Safety, data from the National Highway Traffic Safety Administration (NHTSA) reveals that two years ago, 27% all traffic accident fatalities were directly linked to intoxicated motorists. It can take months for lab results to arrive and be verified, and final statistics for 2015 will not be confirmed until months from now. However, all initial indicators point to an increase in the number of people killed as a direct result of being involved in an accident with an intoxicated motorist.

Published on: January 20, 2016

The Dangers of Hoverboards

by Robert N. Katz, Esq.

Everyone’s talking about the exciting new toy that has had even the Vatican horrified. Whether Santa dropped a hoverboard in your Christmas stocking, or you couldn’t resist the urge to buy one for yourself, there’s a lot to know about these very intriging, but dangerous toys.

According to the Consumer Product Safety Commission (CPSC), hoverboards have been involved in a number of fire-related hazards. The CPSC is actively investigating reported fires and will continue to do so as new reports are made.

The agency is also testing these damaged and burned hoverboards for answers to several questions:

Published on: December 20, 2015

How to Identify Signs of Sexual Abuse in a Nursing Home

by Robert N. Katz, Esq.

Among the various types of abuse that occur in nursing homes, the most difficult to identify is sexual abuse. Although cases of rape and sexual abuse in nursing homes are rarer than cases of physical abuse, there is no denying the fact that sexual abuse leaves behind long-term psychological and emotional scars that can be even more difficult to heal from than physical injuries.

The elderly are easy victims of sexual abuse, because they often feel ashamed of the abuse and unable to confide in their family about what has transpired. Furthermore, they may feel intimidated or threatened by the perpetrator. All of these things make it difficult for family members to identify abuse.

To determine whether your loved one has been the victim of sexual abuse, look for signs of changed sexual behavior in your loved one. Don’t ignore any signs of sexual promiscuity, suggestive behaviors, or odd behavior.

Published on: December 14, 2015

The Most Dangerous Mistake Parents Make and How It Could Injure Their Children

by Robert N. Katz, Esq.

Unfortunately, many parents continue to violate basic child safety rules, and move their children from booster seats to a seat belt much too early, increasing the risk that their child will be seriously injured in an accident.

According to a new study which involved more than 1,000 parents who participated in an online survey, determining when a child should move from a booster seat to an adult seat belt is still confusing for most parents. The online survey was conducted by Safe Kids Worldwide, and found that 9 out of 10 parents had moved their children from a booster seat to a safety seat belt to early.

Seven out of 10 parents of children between the ages of four and 10 were still not aware of the basic height requirements that a child must meet before he can be restrained in a safety belt only. The recommendation is that the child should be at least 4’9" before he can use an adult safety belt. When a child below the height requirement is restrained in a safety belt, there is a serious risk that the child will be injured in an accident.

Published on: November 26, 2015

Black Friday Injuries and Deaths

by Robert N. Katz, Esq.

We call it “Black Friday” because it’s traditionally the day when retailers move their accounting ledgers from red ink (deficits) to black ink (profits).

Increasingly, though, America’s biggest shopping day is becoming “Black-and-Blue Friday,” as scores of innocent consumers find themselves seriously injured while out and about. Some have even died.

The Internet is catching on to the disturbing trend. BlackFridayDeathCount.com is as macabre as it is blunt, but the website, which tracks the number of injuries and deaths reported since 2006, has gained a lot of attention over the last few years.

Published on: October 7, 2015

Risk Factors for a Drowsy Driving Accident

by Robert N. Katz, Esq.

Almost every motorist at some point or another driven while being too tired. This includes driving in a state in which they were frequently yawning, or nodding off to sleep while driving.

Drowsy driving is a silent killer on American roads, contributing to as many as one in six fatal accidents and thousands of injuries. However, there are no reliable ways to measure drowsiness, and motorists are very rarely likely to admit that they were indeed fatigued while driving. Therefore, the actual number of drowsy driving accidents is potentially much higher than estimated.

If you are driving, and notice yourself doing the following, it is time to pull over somewhere safe and take a break.