Georgia Injury Law Blog

Published on: August 11, 2014

Georgia GHSA Spotlights Heat Strokes in Cars

A growing number of incidents across the country in which young children have died after being left inside a hot car have shocked child safety advocates and parents. In Georgia, state agencies are trying to draw attention to the fact that over the next few weeks, children in Atlanta and across the State are going to be at an increased risk of dying from such preventable incidents.

The Georgia Governor’s Office of Highway Safety recently joined the National Highway Traffic Safety Administration (NHTSA) to mark National Heat Stroke Prevention Day. The goal was to increase awareness about the fact that any parent is at risk of making these dangerous mistakes. According to the NHTSA, more than 50% of all car- related heatstroke fatalities involving children are caused when a parent or caregiver unintentionally leaves a child behind in the car. In 29% of the cases, the child manages to get inside the car on his or her own, and is unable to get himself out.

This year alone, there have been 17 child fatalities from heatstroke. There is no doubt that these tragedies were all preventable. While calls for technology that could help alert parents when their children are in the backseats before they get in the car are increasing, there is no doubt that this is a problem that can be avoided by taking simple steps.

Published on: July 27, 2014

Atlanta Bike Share Program Needs to Consider the Helmet Factor

by Robert N. Katz, Esq.

Atlanta is set to soon launch its very first bike share program following cities across the country, including New York City, that already have their own bike share programs in place. These are exciting times for bicyclists, and there is a lot of support for the bike sharing program because it will help reduce some of the congestion on Atlanta’s notoriously busy streets. However, Atlanta should take the results of a new study seriously, which finds that cities that have implemented bike share programs are actually seeing an increase in the number of head injuries.

In May of 2014, the Atlanta City Council announced that it had approved a resolution for the establishment of the bicycle share program. The vendor has already presented the proposal to launch the city’s first bike share program, and once the program is fully underway, Atlanta residents will be able to rent bicycles 24 hours a day, 365 days a year.

However, the study found that the proportion of head injuries that was relative to all bicycle accident-related injuries actually spiked significantly in cities that have implemented similar programs. The occurrence of head injuries in those cities actually increased by 14%, while there was no corresponding head injury rate increase in cities that had no bike share program in place.Researchers say that the findings confirm their worst fears; cities are implementing these programs without giving proper consideration to the role of helmets in preventing injuries. It has to be noted here that the study focused on head injuries, and not brain injuries. Every head injury does not automatically lead to a brain injury, which is much more serious.

Published on: July 20, 2014

Prescription Medications May Increase Risk of Drowsy Driving Accidents

by Robert N. Katz, Esq.

Most motorists assume that if they have had their full eight hours of sleep and don’t take medications within a certain number of hours before driving, they are at a low risk of falling asleep at the wheel. However, new data suggests that those taking sleep medications or antidepressants may be at a higher risk of dozing off and being involved in a car accident.

Recently, the Food and Drug Administration (FDA) warned of an increased risk of drowsy driving the day after using the popular sleep aid Lunesta. Lunesta contains eszoplicone which remains in the system several hours after taking the medication. The agency is especially concerned about the potential for next-day driving impairment with the use of this drug. It claims that the drug can possibly cause next-day impairment of driving as well as other important functions and, therefore, has recommended that the starting dose of the medication be reduced to 1 mg at bedtime.

The FDA is asking healthcare providers and doctors to follow the new recommendations for the administration of Lunesta for first time prescriptions.

Published on: July 13, 2014

Tips to Stay Safe in the Summer

by Robert N. Katz, Esq.

The warm summer months are in full swing, and so are the numerous health and safety risks that are prevalent during this time. Both adults and children are exposed to the risks of being injured in auto accidents, dog bites, boating and swimming incidents, barbecue fires and other safety risks during the weeks of summer. The Centers for Disease Control and Prevention has good advice for Americans to stay injury-free during the warm months of summer.

One of the biggest injury risks in the summer is being involved in a car accident.The months of June, July and August are considered the peak season for motor vehicle collisions, simply because there are more vehicles on the road. Add to this the fact that too many of these motorists will be in a hurry to arrive at their destination, or will have had some alcohol to drink prior to getting behind the wheel, it’s easy to see the dangers that exist.

Take into account that there are more drunk drivers and speeding drivers on the road.Try to keep the amount of traveling that you do at night to a minimum, and find less-traveled routes.Always wear your seatbelt, never drink and drive, and stay within the speed limit or a safe speed based on road conditions.If you’re going to drink at a summer party, stay the night or have a sober driver take you home.

Published on: July 6, 2014

Running Red Lights a Big Cause of Accidents Too

by Robert N. Katz, Esq.

Every year approximately 1,000 people die in accidents that are caused directly by red light violations. While there is understandably a lot of attention focused on driving under the influence of alcohol and speeding as primary contributors to accidents, much less attention is given to the fact that too many deadly accidents are caused by motorists who fail to stop at red lights.

The National Coalition for Safer Roads recently revealed an analysis of data involving red light violations across the country, which provided very interesting results. For instance, the study found that most red light violations across the country occur on Fridays, and the time of the day that sees the highest number of light violations is the afternoon. The least number of violations is seen during the late-night hours. Sunday sees the least number of violations among the days of the week.

Red light violations also seem to spike around major holidays. Memorial Day weekend ranks number one in the number of red light violations. A total of 39,021 red light violations were recorded in 2013 during the Memorial Day weekend. The lowest number of red light violations occurs over the Halloween weekend with 20,902 violations. In Georgia, however, the maximum number of red light violations occurred over the Christmas holiday with 400 violations recorded in the State in 2013.

Published on: June 12, 2014

Prevent Swimming Pool Accidents This Summer

by Robert N. Katz, Esq.

Some of the most common accidents that result in premises liability lawsuits are drowning and swimming pool accidents that occur at private homes. Drownings involving pools, hot tubs and spas claim hundreds of lives every year, many of them children.According to the Consumer Product Safety Commission (CPSC), more than 3/4 of drowning accidents involve children below the age of five. The CPSC estimates that children between the age of one and five account for 67% of all fatalities in swimming accidents and 64% of all injuries.

This summer, as more families head out for fun in the water the risk of drowning accidents increases. In fact, among children below the age of five, drowning happens to be the single biggest cause of accidental death. Unfortunately, the fact is that many of these accidents occur even in the presence of parents and caregivers at the scene.There was recently a very tragic story in the news about a child who drowned while family and friends were singing happy birthday to another guest.

This summer, make pool safety a priority for your family. Swimming lessons are a great place to start. The American Academy of Pediatrics recommends that children below the age of five take swimming lessons.Besides teaching your children to swim, it’s also important to make sure that your pool is safe not only for your children, but also visiting children who may have gathered at your home to have fun this summer. Installing a fence around your pool, which is required by Georgia law, is one of the best things you can do for safety. And those fences need to be a minimum of 5 feet tall, have locking gates that swing outward, and have a certain amount of space between rails.

Published on: May 27, 2014

Pedestrian Fatality Study Underscores Georgia’s Poor Record

by Robert N. Katz, Esq.

Georgia ranks at the bottom of the heap when it comes to protecting pedestrians from serious or fatal injuries in accidents.

According to a new study, a small group of states accounts for some of the highest number of pedestrian fatalities in the country.The study was conducted by the National Complete Streets Coalition, where researchers analyzed numbers involving more than 47,025 pedestrian fatalities that occurred over a 10 year period. When analysis of the data was complete, some states were found to have an abysmal record in keeping pedestrians safe and preventing accidents.

The study established a Pedestrian Danger Index, which measured the number of fatalities relative to the number of pedestrians on the street, and found that some states had managed to keep fatalities very low. These included New York and Washington DC.

Published on: May 9, 2014

Stroke Survivors Often Unaware of Accident Risks

by Robert N. Katz, Esq.

A stroke is one of the most serious medical events a person can experience, and affects more than 800,000 people in the United States every year. There are many long-term consequences of a stroke that can affect a person’s cognitive and mental abilities.This includes their ability to safely operate a car, truck or motorcycle.

According to the results of a new study, many persons who have survived a stroke begin driving again as quickly as one month after the stroke, without undergoing a driving evaluation or test. Those findings are very alarming, because a stroke can impact a person’s abilities to drive safely, even if there are no outward physical signs of the trauma that the body has been through.

For instance, a stroke very often impairs a person’s reflexes and coordination. That could affect the way a motorist reacts to an emergency situation while driving. A stroke can also result in slowness, memory problems, and judgment difficulties. All of these can prove catastrophic behind the wheel and on the road, where a person is required to constantly make judgments about speed and distance.

Published on: April 28, 2014

Efforts Underway to Reduce Truck Blind Spots and Accidents

by Robert N. Katz, Esq.

One of the biggest concerns for motorcyclists while traveling anywhere near a tractor-trailer or commercial truck is the possibility that the truck driver will not see the motorcycle.The National Transportation Safety Board recently released a report asking the National Highway Safety Administration to target blind spot mitigation in commercial trucks, especially in those cases where blind spots significantly impact motorcyclists and cyclists.

It’s not difficult to understand why motorcyclists and cyclists may be so easy to miss for a truck driver.A truck driver has several blind spots that exist behind and around their rig and trailer, and any vehicle that is in one of these blind spots may not be easily visible to the truck driver.Those visibility difficulties become even more pronounced in the case of a motorcycle or bicycle because of the narrow frames of these vehicles.

When a truck driver is not able to identify a motorcycle in his blind spot, he is at risk of colliding with it and causing serious injury or death.While the occupants of a car have some amount of protection in the form of seatbelts, airbags and the frame of the vehicle to protect them from serious injuries in a truck accident, motorcyclists have no such luxury.They are extremely vulnerable to the high risk of injuries in an accident with a commercial truck, and it is these risks that the National Transportation Safety Board wants to target.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.