Georgia Injury Law Blog

Published on: June 12, 2014

Prevent Swimming Pool Accidents This Summer

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.

Published on: April 7, 2014

What Parents Can Do to Prevent Their Teens from Driving Drunk

by Robert N. Katz, Esq.

According to the Centers For Disease Control And Prevention (CDC), a teenage motorist driving with a blood alcohol concentration of .08% is approximately 17 times more likely be involved in an accident.This is a category of motorists that research has shown to be inexperienced, more susceptible to peer pressure, and more likely to engage in risky driving.When alcohol or other intoxicants are added to the mix, the risks of an accident significantly increase.

The CDC believes that reducing the risk of teenage drunk driving accidents should not be dependent on federal, state, and local law enforcement alone, but is also the responsibility of communities, schools and parents.Recently, another new study illustrated just how strong peer pressure can be in influencing teenagers to drink and drive.The study clearly found that when high school seniors had friends in their social circle who drove intoxicated, they were much more likely to do the same.When teenagers have friends who engage in self-destructive behaviors, those same behaviors seem cool to an impressionable young adult.

If you’re the parent of a teenage motorist, it’s also important to understand that there is no such thing as social drinking for a teenage motorist.Most teenagers who drink do so to feel buzzed.Therefore, expecting teenagers to go out, drink, and yet remain sober is unrealistic.Binge drinking is far more popular among teenagers than with any other category of motorists, and teenagers are much more likely to drink irresponsibly.

Published on: March 24, 2014

Texting While Walking Could Be More Dangerous Than Texting While Driving

by Robert N. Katz, Esq.

Everyone agrees that texting while operating a motor vehicle is hazardous and increases the risk of injury or fatal accident.However, when you compare statistics based on injuries per mile, it is texting while walking that seems to be much more dangerous.

There has been a growing body of research recently that seems to point to an increased risk of pedestrian injuries when people are texting while walking. For example, new research by the University of Buffalo specifically focused on injuries per mile caused when a person is texting while walking.According to the research, the consequences of texting while walking include falling down stairs, walking into walls, pillars and other stationary objects, and walking into traffic.

A person who is texting while walking is much less likely to notice a bump on the sidewalk, or obstacle in a driveway.Even though there are more injuries caused every year by texting while driving, injuries caused by texting while walking tend to be more serious.People who were texting while walking were 61% more likely to go off course while walking, and were also likely to overshoot their target by as much as 30%, compared to when they were walking without distractions.

Published on: March 18, 2014

Study Says Alcohol Has Increased Affect on Seniors

by Robert N. Katz, Esq.

Alcohol tends to affect different people in different ways, and younger drivers are typically believed to be at the highest at risk for destructive alcohol- related behaviors, like drunk driving accidents.However, seniors could be just as much at risk of being involved in accidents after they have consumed alcohol.What is even more dangerous about seniors and drinking is that alcohol consumption does not have to be large for it to affect many seniors’ driving abilities.According to research, even small amounts of alcohol can affect an older driver’s driving abilities, increasing his or her risk of being involved in a car accident.

The study was conducted by researchers who analyzed how drinking alcohol affects driving abilities, based on age.Persons in the age group of 25 to 35 were compared with another group which consisted of persons 55 to 70 years old.In both groups, persons consumed alcohol, but not enough for any of them to cross the maximum permissible blood-alcohol level in most states of .08%.In other words, nobody in either of these groups met the criteria for being legally intoxicated.

However, researchers found to their surprise that even when seniors drank just a few alcoholic beverages, it impacted their ability to drive safely.They monitored the driving abilities of seniors by putting them through a driving simulator, and found that even mild amounts of alcohol intoxication in seniors did affect driving abilities.

Published on: February 17, 2014

GAO Report Finds Fault with Federal Trucking Safety Rating System

by Robert N. Katz, Esq.

Commercial trucking accidents are one of the biggest hazards facing American drivers, and contribute to an average of 4,000 fatalities every year. Although the Federal Motor Carrier Safety Administration has a system for rating the safety performance of commercial truck companies and bus carriers, a new report finds that the system is inadequate, and delivers incorrect results.

Those are the findings of a new report released by the Government Accountability Office (GAO). The GAO recently completed an audit of the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program. The Compliance, Safety, Accountability program uses data collected from roadside inspections of trucks and 18- wheelers, as well as data from accident investigations, and uses this information to compare the performance of commercial truck and bus carriers. Trucks and buses are compared to other carriers of similar size and other characteristics.

The data are then used to increase oversight and scrutiny over the truck and bus carriers that the data finds have the highest number of safety violations.The data are compared with other trucking and bus companies as part of the Compliance, Safety, Accountability program’s Safety Measurement System.

Published on: January 30, 2014

Alarming Increase in Spinal Cord Injuries across U.S.

by Robert N. Katz, Esq.

According to a new study conducted by researchers at Johns Hopkins University, the number of traumatic spinal cord injuries recorded in the United States is on the increase. Another major change that the research showed is that the primary cause of serious spinal cord injuries in the United States is no longer automobile collisions, but slip and fall accidents.

The Johns Hopkins research analyzed a total of 43,137 adults who received treatment in hospital emergency rooms after suffering a spinal cord injury. These adults were treated for their injuries between 2007 and 2009. The researchers found in their analysis that the incidence of spinal cord injury in the 18-64 age group ranged from 52.3 injuries per million in 2007, to 49.9 million in 2009.

While that constituted a drop in the number of traumatic spinal cord injuries that were recorded in this age category, there was an increase in the number of spinal cord injuries recorded among older citizens. In the 65 and above age group, the number of spinal cord injuries actually increased during the study period. These injuries increased from 79.4 injuries per million adults in 2007, to 87.7 injuries per million adults in 2009.