Georgia Injury Law Blog

Published on: January 9, 2012

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

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.

Published on: December 27, 2011

School Bus DUI Incident Underscores Bus Safety Challenges

by Robert N. Katz, Esq.

A school bus driver who was caught driving under the influence in another state underscores to Atlanta bus accident lawyers the challenges involved in keeping children safe on school buses. Importantly, school districts must be extremely diligent in hiring bus qualified drivers or they risk serious injuries to children and claims for negligent hiring and retention. A New Jersey school bus driver was arrested on charges of driving under the influence. That on its own may not have been a media- worthy event, except for the fact that it was the children on the school bus who called and informed their parents about the driver’s intoxicated behavior.

Parents received calls from their children on the bus, who noted that their driver was driving erratically and was dozing off at the wheel. The frantic parents called the school, and school authorities got in touch with the police. The driver, Carole Crockett was later arrested. She has been charged with DUI with a minor, endangering the welfare of a child, disorderly conduct and a number of other charges.

Police conducted breath tests, and found that Crockett registered at a startling .25% on the test. She is a commercial bus driver, and therefore, her maximum allowed BAC level is .04%, compared to the .08% that is allowed for other motorists. On a side note, this is one instance where Atlanta car accident lawyersare really glad that the children on the school bus happened to have their cell phones with them and used them. With a BAC concentration of .25%, it’s highly likely that this driver would have caused an accident.

Published on: December 16, 2011

Wrongful Death of Police Officer in DeKalb County Wrong Way Driving Car Accident

by Robert N. Katz, Esq.

A police officer was killed, and another person suffered personal injury in a car accident that police are now blaming on a wrong way driver.The crash occurred on westbound interstate-20 early in the morning.

According to DeKalb police, the driver of a westbound vehicle crashed into a sports utility vehicle that was traveling eastbound in the westbound lanes.The driver of the westbound car sustained fatal injuries in the crash.The wrong way driver also suffered injuries in the auto accident.

Investigations into the car accident have begun, and investigators now believe that the driver of the sport-utility vehicle was traveling in the wrong direction.These investigations are likely to also include blood-alcohol tests to determine if the driver was driving under the influence of alcohol.

Published on: December 14, 2011

Woman, Children Injured in Georgia Truck Accident

by Robert N. Katz, Esq.

Four people, including a woman and three children were injured in a truck accident in Loganville, Georgia.The accident occurred on Friday when a tractor-trailer crashed into an SUV. According to police, the truck accident occurred at an intersection when the tractor-trailer struck the SUV in the left rear quarter panel.Witnesses at the scene have confirmed to police that the SUV driver had the green light.Police have charged the tractor-trailer driver with failure to obey a traffic control device.The female driver of the SUV has also been charged with failure to restrain a child.Her three children were in the car, an eleven-year-old, a ten-year-old and fourteen-year-old, were taken to a hospital.

Failure to obey traffic laws is important for any motorist, but these failures can be critical and can have devastating effects when they involve tractor-trailer drivers.Drivers of these massive commercial trucks are at a high risk of causing an accident when they run red lights, tailgate or break other traffic rules.The risk to motorists in the vicinity of a truck is high because drivers of smaller vehicles involved in an accident with a tractor-trailer are at a much higher risk of being injured.As truck accident attorneys know, an overwhelming majority of accidents that involve a tractor-trailer and a smaller passenger vehicle end with serious personal injury or wrongful death of the occupants of the smaller vehicle.

Those are frightening odds for any motorist to beat, and tractor-trailer drivers must always keep that fact in mind.Further, tractor-trailer drivers must avoid dangerous behaviors like speeding or distracted driving.Speeding is believed to be the number one factor in commercial truck accidents in the United States, contributing to more accidents every year than drunk driving or distracted driving.Driving at speeds beyond the posted limits for commercial trucks, or at speeds that are inappropriate for current traffic, weather conditions, can lead to devastating accidents.

Published on: December 12, 2011

Georgia Worker Seriously Injured in Power Line Electrocution – Workers’ Compensation Claim Likely

by Robert N. Katz, Esq.

A worker in Kennesaw, Georgia was seriously injured in an electrocution accident last month.The man, a welder was in a bucket truck when the boom of the truck came in contact with a high-voltage overhead power line.It was a 4160 V power line, and the impact immediately resulted in serious electrical injuries to the man.He was rushed to the local hospital burn unit, and then transferred to a burn center in Augusta.

The man’s employer, Vulcan Materials and the Federal Mine Safety and Health Administration are investigating the work accident. In the event there is a personal injury claim against a third-party in addition to any workers’ compensation claim, the reports from these investigations will be vitally important. to the personal injury lawyer handling the case.

Many occupations require workers to be in close contact with high-voltage power lines.These workers include construction workers, mining workers, truck drivers, people in the tree trimming and tree service industry, and agricultural workers.Electrical utility workers are also often in close contact with power lines.However, the difference between electrical workers and other types of workers is that electrical utility workers are generally trained to identify the dangers of electrocution in their work, and avoid these dangers.Other types of workers may not have the benefit of such training.