Georgia Injury Law Blog

Published on: November 28, 2011

Atlanta Ranks at Number Four in Auto Accidents

According to data from 2009, the city of Atlanta ranks at number four in the number of auto accidents.It also ranks at number six in the number of accident-related wrongful deaths that same year.

The data which comes from the American Auto Association has no surprises for Atlanta car accident lawyers who are familiar with the auto safety culture in the city.In 2009, 498 people died in accidents in Atlanta.More than 62,000 people suffered a personal injury in car accidents in the city.

These accidents took not only a devastating personal toll, but also wreaked substantial economic damage.The metro Atlanta region suffered losses to the tune of more than $11 million in 2009 because of auto accident-related costs.Only Miami, Chicago, Los Angeles and New York fared worse than Atlanta.The overall accident-related costs in the US totaled $299.5 billion.That’s more than three times the $97.7 billion cost of congestion.

Published on: November 23, 2011

FMCSA Postpones Publication of Truck Driver Work Rules – Increase in Truck Accidents Likely

by Robert N. Katz, Esq.

Atlanta truck accident lawyers, trucking safety groups and others who have been waiting for the Federal Motor Carrier Safety Administration to publish its Hours of Service rules for truck drivers, will have to wait a little longer.Unfortunately, this delay is likely to increase the number of truck accidents and, therefore, the number of persons who suffer personal injury and wrongful death due to these accidents. The Federal Motor Carrier Safety Administration has released a statement saying that it has decided to postpone publication of the work rules for at least another month.

The agency had been required to meet the deadline of October 28 for the publication of the new rules.However, in a statement, the agency says that several parties that have been opposed to the rule have agreed to an extension of the deadline for publication.The agency expects a deal to be announced on November 28, 2011.

The Federal Motor Carrier Safety Administration’s decision to postpone the publication of the rule is no surprise to any Atlanta truck accident attorney.After all, the agency’s proposal to review the Hours of Service for truck drivers has been a controversial one, and is heavily opposed by the trucking industry.

Published on: November 22, 2011

Marietta Motorist Claims Seizure Caused Car Accident

by Robert N. Katz, Esq.

A Marietta motorist, who was involved in a multi-vehicle auto accident, insists that the car accident was the result of a seizure that he suffered while driving.Police have already filed charges against him. According to the Atlanta Journal-Constitution, the auto accident occurred when the driver’s Ford F-250 struck another pickup truck on the same street.The motorist drove off after the accident and struck two more vehicles, before finally veering off the road and crashing into a tree.

Fortunately, the car accident did not result in life-threatening injuries for other drivers involved.The motorist has been charged with hit-and-run, driving too fast for conditions, failure to maintain lane and driving under a suspended license. Car accident attorneys regularly see cases in which a defendant driver claims a medical condition caused the accident. In order for this defense to be successful in a civil case, they must establish not only that the medical condition caused the accident, but that the medical condition was not known or it was not known that the medical condition would result in the issue which occurred.

Police say that he was fleeing the accident scene when he crashed, but the motorist claims that he has a history of epilepsy.According to him, he suffered a seizure at the time of the accident.The motorist says that he suffered petit mal seizures in his childhood, and was placed on medication.However, he stopped taking the medications after the seizures ended.The last time he had a grand mal seizure was three years ago.He does not know what caused this latest seizure that he suffered during the accident.According to him, he has no recollection of any of the events leading up to the accident.

Published on: November 21, 2011

Court Awards $144 Million in Medical Malpractice Lawsuit

by Robert N. Katz, Esq.

A Michigan jury has awarded $144 million in a medical malpractice lawsuit filed by a woman who alleged that negligence by her doctors left her baby with severe brain damage and in need of long-term care. Medical malpractice attorneys in Atlanta and elsewhere recognize the potential for sizable injury awards in all cases in which an infant suffers brain damage during birth. However, this is one of the largest medical malpractice awards in this settling.

The verdict came out this week against the Beaumont Hospital in Royal Oak, Michigan.It was here that the woman had been admitted for delivery in 2006.According to the lawsuit, the hospital as well as the doctor in charge of the delivery was negligent in failing to perform a cesarean section on the woman.The baby, a 10 lbs. 12 oz. girl was instead pushed through the birth canal.As a result, the baby suffered a fractured clavicle and began hemorrhaging severely.The baby was ultimately left with severe brain injuries and in need of long-term care.

The hospital and the doctor have said that they will appeal the verdict.The hospital alleged that the child’s injuries were the result of a genetic condition, and not due to negligence by the doctor or the hospital.However, an eight-member jury has now found in favor of the woman, and has found the hospital negligent.

Published on: November 18, 2011

More Than 300,000 Harley Motorcycles Recalled Due to Brake Light Failure – Product Liability Claims likely

by Robert N. Katz, Esq.

Harley-Davidson Inc. is announcing a recall of more than 308,000 motorcycles.The recall is being blamed on a potential brake light failure problem. These types of product defects can pose a significant risk to riders, greatly increasing the likelihood of motorcycle accident. Drivers often have trouble seeing motorcycles and, therefore, an inoperative brake light will make it even more difficult for them to observe a motorcycle stopping. Unfortunately, motorcycle accidents often result in severe personal injury and wrongful death.

According to the company, the brake light switches on its motorcycles can be exposed to excessive heat from the exhaust system, causing the brake lights to fail.This failure can cause a fluid leak, as well as the loss of the rear braking system. The loss of the rear braking system is likely to result in product liability claims since they are highly likely to cause a serious injury or death. Atlanta motorcycle accident lawyers have regularly encouraged riders to get their bikes regularly checked, but this is the type of issue that could not have been identified through regular maintenance absence a warning from the manufacturer.

According to the company, the Touring, CEO and Trike motorcycles are included in the recall.These motorcycles are from the 2009 to 2012 model years.The motorcycles were manufactured between June 2008 and September 2011.The company has already begun the process of notifying all Harley motorcycle owners about the recall.Owners of Harley motorcycles that are included in this recall are advised to visit their dealers for installation of a new rear brake light switch kit.The recall involves approximately 241,000 motorcycles in the United States, with the remainder in other countries.

Published on: November 17, 2011

High Risk of Georgia Drunk Driving Accidents over Halloween

by Robert N. Katz, Esq.

Vampires and ghouls were not the only scary beings on the streets this past Halloween.Both pedestrian trick-or-treaters and motorists were at a high risk of car accidents involving intoxicated drivers on Halloween.The Governors Highway Safety Association warned of an increase in accidents involving drunk drivers in Atlanta over the holiday.

The Governors Highway Safety Association joined state and local highway safety agencies to crack down on drunk drivers.Local law enforcement officers ran an intensified campaign aimed at pulling drunk drivers off the streets before they caused an accident, and injure or kill someone. Drunk driving accidents result in a significant number of serious personal injuries and wrongful deaths.

According to data from the National Highway Traffic Safety Administration, in 2009, close to 50% of auto accident fatalities that occurred on Halloween night involved a drunk motorist.In these cases, the motorist had a blood-alcohol concentration of .08% or higher. Every year, the period between 6 PM on October 31 and 5:59 AM on November 1 is a highly dangerous time for pedestrians, motorcyclists and drivers in Atlanta.

Published on: November 12, 2011

Construction Accident Injuries Are Likely Underreported

by Robert N. Katz, Esq.

A new report suggests that federal data on construction accident injuries is likely flawed because of the widespread underreporting of these personal injuries.The report by the Center for Construction Research and Training is titled Injury under Reporting among Small Establishments in the Construction Industry.It has been published in the American Journal of Industrial Medicine. Construction accidents often involve wrongful death and some of the most serious personal injuries. They are also a major source of workers comp claims in the United States.

According to the report, data from the US Bureau of Labor Statistics may be inaccurate because it underestimates the actual number of construction workers who are injured every year.The data from the Bureau of Labor Statistics does not include self employed or federal construction workers injured in accidents every year.These workers constitute approximately 25% of the national construction workforce.Data that does not factor in construction accidents and injuries that involve a quarter of the national construction worker population, is likely to be inaccurate. Additionally, Atlanta Workers’ Compensation lawyers often find that small construction companies are likely to under report injuries, or fail to report these injuries.

According to the report, recent changes made by the Occupational Safety and Health Administration to record-keeping procedures could also likely have contributed to underreporting of construction injuries.Between 2001 and 1995, the Occupational Safety and Health Administration made changes to its procedures, and has probably inadvertently encouraged underreporting such injuries.

Published on: November 11, 2011

Workplace Violence and Workers’ Compensation Claims

by Robert N. Katz, Esq.

Every day in the United States, an average of two workers are killed as a result of workplace violence.In fact, the risk of suffering a personal injury in the workplace through assault or other acts of violence by a fellow worker, may have increased during these troubled economic times. Unfortunately for the families whose loved ones are killed, the workers comp system is not setup in a manner to provide an appropriate level of compensation.

Data suggests that the number of persons actually killed as a result of workplace violence has stayed more or less consistent over the past 14 years.According to the Bureau of Labor Statistics, more than 500 people died in 2010 due to workplace violence.There has been a lot of focus on preventing specific types of injuries in the workplace, like fall accidents or accidents involving machinery.Atlanta Workers’ Compensation lawyers find that there is little attention paid to the issue of workplace violence, and ways to prevent it.

Last month a workplace violence incident in California drew attention to this very serious safety issue.The incident occurred at the LehighSouthwest Cement Permanente Plant, where an employee opened fire on coworkers at a meeting.They were about 15 people at the meeting.Three of them were killed.At least six other people sustained injuries.There is no information yet about what caused this rampage.

Published on: November 1, 2011

Parents Can Do More To Prevent Teen Distracted Driving Car Accidents

by Robert N. Katz, Esq.

Atlanta car accident lawyers strongly believe that parents have a big role to play in setting a good traffic safety example for their teenage children.That’s why the results of a new survey came as a disappointment.The survey claims that many parents are distracted while driving, even while they’re teaching their children how to drive. Distracted driving results in an enormous number of auto accidents involving serious personal injury and wrongful death. Therefore, it is extremely important that new drivers are taught about he dangers of distracted driving by their parents. In order to convey this lesson, the parents must teach by example.

The survey was conducted by insurance company State Farm.According to the survey, 53% of parents admitted that they had been distracted by a cell phone or other device at least once while they were teaching their children how to drive.However, when the surveyors asked teen motorists, they found slightly higher numbers.According to the teen drivers, at least 61% of them had seen their parents being distracted while teaching them how to drive.

The survey also found that parents may not be so aware of the fact that they are displaying undesirable driving practices to their children.The survey found that parents used their electronic devices while driving with their children much more often than they think.About 52% of the teenagers in the survey said that they had seen their parent using a cell phone while driving.However, only 43% of the parents admitted that they used the cell phone when their teenage driver was in the vehicle with them.

Published on: October 31, 2011

CPSC Product Safety Database Hit with First Lawsuit – Effort to limit likelihood of Product Liability Claims

by Robert N. Katz, Esq.

This was something that Atlanta personal injury lawyers had been expecting.Ever since the Consumer Product Safety Commission database that allows consumers to upload complaints about products went online, the attorneys at our law firm have been expecting manufacturers to challenge the manner in which the database allows consumers to publicly post complaints about products.That is exactly what has now happened.An unidentified company has filed a lawsuit to block the Consumer Product Safety Commission from posting what it describes as “baseless allegations” about one of its products.

The database in question here is located on the website saferproducts.gov.The website is operated by the Consumer Product Safety Commission, and the establishment of the website was one of the provisions of the Consumer Product Safety Improvement Act of 2008.That law had been passed after a tumultuous couple of years for product safety in the country.Millions of children’s products and toys had been recalled for high lead content levels, and a number of other deficiencies.The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.

The database which was launched in March this year, allows consumers to upload complaints about products.These complaints are posted online, and are publicly accessible.Other consumers can view these complaints, and make informed decisions about the products they want to buy.Consumers can post complaints about thousands of products.Manufacturers are given the opportunity to review these complaints, and post their responses.