Georgia Injury Law Blog

Published on: January 16, 2012

Winter Car Accident Risks Affect Male and Female Drivers Differently

Every Atlanta car accident lawyer knows that a motorist’s risk of being involved in auto accidents spikes in winter driving conditions.However, a new study finds that those risks affect male and female drivers differently.The study by researchers at Purdue University finds that men are much more likely to be involved in accidents in icy or snowy weather conditions.

The study finds that men over the age of 45 are much more likely to be involved in an accident when the road is covered with ice or snow.Further, those accident risks involving men seem to increase when the men are older and are driving pickup trucks.According to the researchers, this could be due to a false sense of security that pickup trucks provide.People driving pickup trucks, sport utility vehicles or other larger vehicles are likely to feel safer and protected, and therefore, may be more likely to drive aggressively on snowy roads.They may not realize that a larger size vehicle does not necessary protect you more on icy roads when a vehicle is at a high risk of a rollover.

The study also finds that men below the age of 45 are more likely to be involved in serious accidents on dry roads.That would again be an indicator of overconfidence in young men.Female drivers were found to be much more likely to be involved in accidents on rain-covered roads.This susceptibility to accidents on roads made wet by rain affected female motorists of all age groups.According to the researchers, this could be because female drivers fail to sense lower friction on a wet road.Younger men had a 21% higher risk of being involved in a serious accident on a dry road than on a wet road.These men were 72% more likely to be involved in an accident on dry roads than on snowy roads.

Published on: January 15, 2012

Police Looking for Truck Driver Involved in Multivehicle DeKalb Truck Accident

by Robert N. Katz, Esq.

Police in DeKalb County are looking for the driver of a tractor-trailer believed to have triggered a multivehicle truck accident on interstate-285 that left two people dead.

The truck accident occurred on Tuesday when the tractor-trailer apparently hit a Ford Focus, which triggered off a multivehicle crash.The driver of the Focus crashed into a Toyota Camry.The tractor-trailer driver fled the scene of the accident. As a personal injury lawyer, I see far too many hit and run accidents. It is especially shocking that a truck driver who possesses a commercial driver’s license would flee an accident scene.

When the drivers of the Focus and the Toyota Camry got out of the car to check on the damage, they were both struck by an oncoming car.Both drivers sustained fatal injuries, and were declared dead at the scene.The driver of the last vehicle sustained injuries, and was rushed to the hospital.The wrongful death and personal injury suffered by these drivers was tragic and clearly preventable. Had the truck driver stopped his vehicle and immediately placed warning flares out, the other drivers may very well have not been killed on the interstate.

Published on: January 13, 2012

Columbus Toddler Recovering after Dog Bite Attack

by Robert N. Katz, Esq.

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother.She saw the dog behind a fence, and wanted to play with it.By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog.The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp.

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp.She needed several skin grafts.She’s also expected to require more surgery to sew more skin back on.Police don’t expect to file any charges at this point.The dog has been taken into animal control’s custody.

Published on: January 11, 2012

Honda Recalls Motorcycles Due to Braking Problem – High risk of Motorcycle Accident

by Robert N. Katz, Esq.

Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem.As personal injury lawyers know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the recall, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.

According to Honda, the problem lies with a potential rear brake issue – the rear brake may be at least partially applied even after it has been released.If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes.Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.

Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010.A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding.He saw flames emerging from the rear brake area.There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.

Published on: January 9, 2012

Georgia Troopers’ Annual Click It or Ticket Campaign to Minimize Car Accident Injuries

by Robert N. Katz, Esq.

Georgia State Troopers have kicked off their annual seatbelt enforcement campaign during the holiday season, aimed at making sure that motorists and children are safely restrained in their vehicles to prevent a personal injury in auto accidents.The campaign coincided with the start of the year’s biggest and most accident-prone holiday season.

One of the most frequent questions asked of personal injury lawyers is whether there is an increase in car accidents at any particular time of year. Well, the calls for help to attorneys certainly increase at holiday time. Over the holidays, more Americans travel than at any other time of the year.Largenumbers of motorists drove across Georgia to spend Thanksgiving with their families.Over the following few weeks, holiday traffic increased as people rush to stores to buy gifts, leading to a culmination of holiday travel plans between Christmas and New Years’.

Not only were there more motorists on the roads over the holiday season than during any other time, but many of them were in less than perfect condition for driving.The numbers of intoxicated motorists spikes around Christmas, reaching a peak during New Year’s.Additionally, most holiday drivers are less patient, and in a hurry.Besides, holiday shoppers are less focused on safety, and more focused on finding a parking spot.All of these factors severely increase the risk of car accidents.

Published on: January 5, 2012

Family of Student Who Committed Suicide Settles Wrongful Death Lawsuit against Virginia Tech

by Robert N. Katz, Esq.

The family of a Virginia Tech student who committed suicide has reached asettlement of a wrongful death lawsuit against the university.The state of Virginia has agreed to settle the lawsuit by paying $200,000 to the family of Daniel Sun Kim.The state will also establish a scholarship fund of $100,000 in his name.The settlement includes more than $100,000 in attorney fees.The family had initially claimed $4 million in their wrongful death lawsuit.

Additionally, Virginia Tech will also place a memorial plaque honoring Daniel Sun Kim somewhere on campus.The university will also enact a policy that will require that parents and guardians of students who are considered to be suicidal, be informed of this. As part of the settlement, the University does not admit any wrongdoing in Kim’s death.

As a wrongful death attorney, I recognize that the amount is not substantial relative to the loss suffered by the family. It is likely the family decided that the non-monetary portion of the settlement (ie: change in policy, scholarship fund and plaque honoring their son) allowed for a more appropriate conclusion of the case. I very much respect and applaud their decision. The change in the policy of the university will likely save lives of students in the future. It is unfortunate that the university did not choose to also provide the family with a more appropriate level of financial compensation for their loss rather than only implementing a policy that should have already been in effect for the safety of their students.

Published on: January 4, 2012

Lack of Transparency in Georgia Hospital Safety Records Concerns Medical Malpractice Lawyers

by Robert N. Katz, Esq.

While other states around the country have ushered in an era of transparency in hospital safety information, making important safety records easily available to the public, the state of Georgia has lagged behind.The state has strict restrictions on public accessibility to information on aspects of patient safety that include patient suicides, sexual assaults that occur in a hospital and surgical errors.There is very limited access to such information.

The Atlanta Journal-Constitution is using the case of twenty-seven-year-old Matthew Reese to illustrate the point that Georgia’s hospitals need to be more forthcoming about offering information to the public.Reese died in September this year, committing suicide by hanging himself from a hospital bed sheet.He was a transsexual, and had been admitted to the SummitRidge Hospital in Lawrenceville.Friends say that he had been talking about taking his own life.Georgia State officials are expected to investigate whether mistakes made by SummitRidge Hospital contributed to Reese’s death.

However, Atlanta medical malpractice lawyers and patient safety groups will not be able to access the results of the inquiry or its conclusions.The atmosphere of secrecy that surrounds hospitals in Georgia is in marked contrast to that around the country.

Published on: January 2, 2012

Georgia Researchers Investigate Stem Cell Treatment of Cerebral Palsy

by Robert N. Katz, Esq.

Researchers at Georgia Health Sciences University are conducting the country’s first-ever tests on the use of stem cells to treat cerebral palsy.The researchers will be using stem cells from newborns’ cord blood to treat this condition.

Cerebral palsy is a condition that usually arises when an infant has been deprived of oxygen before or immediately after delivery.Atlanta medical malpractice lawyers often find that this condition is the result of wrong medical decisions during delivery.For instance, when a doctor postpones the decision to conduct a Cesarean section to deliver the baby, the baby may be stuck in the birth canal, cutting off vital oxygen supply to the brain.This oxygen deprivation often leads to a condition called cerebral palsy, in which there is a disrupted development in the motor, movement and other abilities of the child. Given the serious nature of this condition, medical malpractice cases seeking to recover for this type of personal injury involve a substantial commitment to litigation by the attorneys and clients.

There is no cure for cerebral palsy.Children may undergo rehabilitation in order to regain some control over their movements, but a complete cure is to not around the corner.However, researchers at the Georgia Health Sciences University are now experimenting recommending with stem cells from infants’ cord blood in order to lessen the impact of this condition.

Published on: January 2, 2012

Woman Killed in Douglas County Car Accident

by Robert N. Katz, Esq.

A woman has been confirmed dead, and at least four other people, including a child, suffered personal injuries in an auto accident in Douglas County.

According to police, the head-on car accident occurred on Wednesday afternoon when a Chevrolet Malibu crashed into a Ford Focus.Police say that the Malibu suddenly crossed the centerline, sideswiped a pickup truck and then crashed into the Focus.The driver of the Ford Focus was killed in the accident.The driver of the Malibu sustained personal injuries, and was taken to the hospital.There were two adults and a toddler in the Focus, and they were injured too.

Often, when a car veers across the centerline, or off the lane, it’s usually the result of distracted driving or inattention behind the wheel.Atlanta car accident lawyers expect to see more such accidents caused by inattention as students get back to school and their parents are trying to manage their ever busier lives.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.