Georgia Injury Law Blog

Published on: August 15, 2016

Ignition Interlock Devices Reduce Traffic Accident Fatalities by 15%

Ignition interlock devices that prevent drivers who have alcohol in their systems from operating a motor vehicle can help reduce the rate of traffic accident fatalities by as much as 15%.

Those are the results of a new study by researchers at the University of Pennsylvania. The study used crash data from 18 states that currently have laws requiring ignition interlock devices for all motorists convicted of DUI. The researchers found a 15% cut in the rate of traffic accident fatalities in states that require ignition interlock devices for anyone convicted of driving while impaired.

In states that had these universal laws, 915 lives were saved in accidents during the study period from 2007 to 2013. Other studies have also indicated that states with mandatory ignition interlock laws reduce the likelihood that a previous offender will be arrested for drunk driving.

Published on: July 8, 2016

Medical Errors Third Leading Cause of Death in United States

by Robert N. Katz, Esq.

Medical errors rank third, just behind heart disease and cancer as a leading cause of death in the United States. Those findings come from a new study by researchers at Johns Hopkins University.

According to the study, patients who suffer injuries as the result of a medical error are much more likely to die, compared to persons who suffer from respiratory diseases like bronchitis and emphysema. The tragedy is that people may take precautions in order to prevent contracting bronchitis and emphysema, or any other diseases that could result in death, but may not realize that they have a much higher chance of dying from a medical error.

The study estimates that more than 250,000 U.S. deaths every year can be traced to medical errors. There are a number of medical errors that could injure or kill a patient. Misdiagnosis or delayed diagnosis, overmedication and other types of medical errors are often serious enough to cause a patient’s death.

Published on: June 30, 2016

Children, Mail Carriers at High Risk for Dog Bites

by Robert N. Katz, Esq.

With summer here we are reminded that some victims of dog bites seem to have it much harder than others. Children below the age of five, and postal workers are at a much higher risk of dog bites, especially during summer days.

During summer, dogs are much more likely to be out with their owners, or may be left off their leash, and that places postal workers at a much higher risk of bites. National Dog Bite Prevention Week, which this year was marked in the third week of May, focused specifically on educating people about the risks of dog bites. The U.S. Postal Service estimates that more than 5,500 postal employees suffered bites in 2013.

Children are also frequently injured during summer because they are out of school, and may be in playgrounds, parks or other places where dogs are being walked. Children are also much more likely to pet strange dogs, or to display other behavior that could be risky, and could lead to an attack.

Published on: June 20, 2016

Troubling Increase in Motorcycle Accident Fatalities

by Robert N. Katz, Esq.

U.S. authorities are reporting a disturbing 10% increase in the number of people killed in motorcycle accidents across the country in 2015. Those statistics come from the Governors Highway Safety Association, which blames alcohol and drug use, higher speed limits, and an increase in the number of states repealing motorcycle helmet laws for this increase in fatalities.

According to the statistics, there were 5,010 motorcycle fatalities in 2015. That suggests an increase of 450 fatalities compared to the previous year. What makes these numbers even more alarming is that it is only the third year in American history in which the number of motorcycle fatalities has crossed the 5,000 mark.

The GHSA believes that enacting universal helmet laws would do much to help reduce the number of fatalities in motorcycle accidents every year. Currently, 32 states have no universal helmet use laws. The Governors Highway Safety Association believes that restoring these laws would be a highly effective way of reducing the number of fatalities. In states that have such universal helmet laws, the rate of helmet use is as much as 89%. In other states, the rates hover at about 48%.

Published on: June 15, 2016

60% of Teenage Driver Accidents Involve Distracted Driving

by Robert N. Katz, Esq.

Distractions play a major part in accidents involving teenage drivers. However, the impact of distraction on teen safety may be much higher than earlier believed. According to a new report by AAA, about 60% of all teen driver car accidents involve distractions of some kind.

The American Automobile Association says that most teenage drivers involved in accidents are talking on the cell phone, texting, or engaged in other distractions while driving. These other distractions include talking to passengers in the car.

The study found that 15% of accidents involving teenage drivers can be traced to talking to passengers.

Published on: May 5, 2016

NHTSA Uses Naming and Shaming Tactics to Fight Texting While Driving

by Robert N. Katz, Esq.

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.