Georgia Injury Law Blog

Published on: October 20, 2011

FMCSA to Release Bus Safety App as Part of Its Bus Accident Prevention Measures

The Federal Motor Carrier Safety Administration has a new weapon in the fight against unsafe bus carriers that place passenger lives at risk of personal injury and wrongful death.The agency is planning to unveil a smartphone application that will allow passengers to determine the safety of a bus carrier before they buy a ticket for a trip. This type of transparency is essential for eliminating the “bad” bus carriers who cause most of the bus accidents. However, passengers should be warned that the information about their past records may be limited to due the limited nature of the enforcement personnel available to police the industry.

The Federal Motor Carrier Safety Administration will likely unveil the new application in the month of November.The announcement of the app was made on September 23 at a bus safety Summit in Washington DC.The summit, the Motor Coach Safety Summit looked at ways that the federal agency can help reduce the operation of unsafe carriers on our highways. The Motor Coach Safety Summit also considered new hours of service requirements for drivers of passenger buses. All of these changes are welcomed by bus accident lawyers, although they have been a long time in coming.

The app will allow a passenger to check the safety record of a particular bus carrier, before buying a ticket.This allows the passenger to access valuable information about the safety of the carrier.The app won’t just give passengers information about the safety of a bus carrier, but will also allow them to submit safety violations to the Federal Motor Carrier Safety Administration’s National Consumer Compliant Database.

Published on: October 19, 2011

Investigations into Fatal Georgia Tractor-Trailer Accident Continue

by Robert N. Katz, Esq.

Law enforcement officials are still continuing their investigation into a fatal truck accident near Interstate 85 that left a woman dead.The truck accident occurred over the weekend and involved a blue Kenworth tractor.The tractor struck the woman outside a restaurant.She suffered fatal injuries and died.Accordingly, a wrongful death action may arise out of the collision. However, since the driver of the tractor-trailer did not remain at the scene, such a claim would need to be asserted against the deceased’s uninsured motorist insurance carrier.

A bulletin by the Hart County Sheriff’s Office has a description of the driver of the 18-wheeler, who left the scene of the accident.There’s nothing to indicate that the driver of the tractor-trailer was aware of the accident, or that it resulted in a fatality.Local Hart County officials are asking any witnesses who saw the tractor to contact them immediately.Police are asking people to look out for a damaged trailer.

Being involved in a commercial truck or tractor trailer accident is one of the most terrifying experiences imaginable.It’s not just the size of these vehicles that makes them so intimidating.It’s also the bulk that these vehicles pack into their large frames that places smaller vehicles at serious risk when they are involved in accidents.Not surprisingly to many truck accident lawyers, in any accident involving 18- wheelers and smaller vehicles, it is the occupants of the smaller car who are most at risk for injuries or deaths.Even when motorists survive these accidents, they may suffer from debilitating injuries that require extensive hospitalization, surgery and long-term care.

Published on: October 18, 2011

Man Receives $48 million Award for Motrin Related Injury Lawsuit

by Robert N. Katz, Esq.

A man, who suffered severe skin rashes and blood blisters from the use of the painkiller Motrin, has been awarded $48 million for his injuries.The verdict came in California in a product liability lawsuit that has been closely watched by Atlanta personal injury lawyers. There are significant number of product liability claims arising out of ibuprofen pending in the United States. These cases include both serious personal injuries and wrongful death claims.

The plaintiff, a 22-year-old Southern California man says that he was 16 years old when he took Motrin for the treatment of aches and fever.That was in October 2005.What happened next was something he did not expect in his wildest dreams.His skin quickly erupted into lesions, and his mouth started filling up with blood blisters.

The man filed a lawsuit against McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson and the manufacturer of Motrin.According to the lawsuit, the drug, which is easily available over the counter, did not come with enough warning about side effects.

Published on: October 17, 2011

Bionic Leg That Allows Accident Amputees Greater Movement Soon to Be Commercially Available

by Robert N. Katz, Esq.

Car Accident victims in Georgia, who have suffered limb amputations, may soon be able to enjoy greater freedom of movement through a prosthetic limb that will soon be commercially available.The bionic leg is manufactured by a Massachusetts-based company called iWalk.Until now, the device was only available to members of the military, but will soon be available to civilians through providers across the country. Given the serious consequences of this type of personal injury, the use of this new technology is very welcome.

This prosthetic device boasts of an advanced design that uses robotics to imitate the muscles and tendons of the human foot, including the Achilles’ tendon and heel.Veterans of the US military, who have been injured during combat in Iraq and Afghanistan, have had access to these bionic legs for a while now.The US military has invested in developing more advanced and scientifically-proven prosthetic devices that can mimic the natural movement of the human limb.Amputations of limbs are some of the most frequent injuries among veterans, and in fact, according to recent reports, the number of such amputations involving veterans has actually increased.

Earlier prosthetic limbs were cumbersome and provided limited mobility. This prosthetic device is advanced enough to allow wearers to climb stairs, and walk up and down slopes with ease.With earlier devices, such movements were not possible.Veterans who have been fitted with this bionic leg have found that it is close to the actual working of the human foot.

Published on: October 16, 2011

Automakers Must Get More Responsible about Removing Distracted Driving Accident Risks

by Robert N. Katz, Esq.

Even as automakers try to add their voice to the anti-distracted driving chorus, Atlanta car accident lawyers find that they continue to outfit their automobiles with increasingly distracting gadgets.These type of gadgets greatly increase the likelihood of auto accidents involving serious personal injuries and wrongful death.

A case in point is Ford Motor Company.The company has been conducting a lot of anti-distracted driving workshops at high schools across the country, including in Georgia. Ford has been sponsoring clinics at several high schools urging students to switch off cell phones and texting devices while driving, and focus on the road.These efforts come as part of the Driving Skills for Life Program which the company promotes.

All these are wonderful initiatives, but it would help if Ford Motor Company actually walked the walk by removing such distractions from its automobiles.Just one look at Ford’s Sync voice-activated system on several of the company’s automobiles should make it clear that the automaker doesn’t necessarily have its money where its mouth is.

Published on: October 15, 2011

Teen Motorist Pleads Guilty in Fatal Villa Rica Drunk Driving Accident

by Robert N. Katz, Esq.

While intoxicated driving as a factor in auto accidents has declined, Atlanta car accident lawyers find that it still continues to be a major cause of teen-related accidents.A teen motorist, who was driving the car involved in an accident that killed a teenage passenger, has pleaded guilty to charges of drunken driving and vehicular homicide.

The teen driver was 17 years old at the time of the accident.He was driving with two teenagers in his car, when his car flipped over.A sixteen-year-old teenage passenger was killed in the accident and another teenager was seriously injured.Last week, the driver pleaded guilty to charges of drunk driving and vehicle manslaughter, and was sentenced to 15 years in prison.

The three teenagers had been at a party in Douglasville, where a lot of teenagers were drinking alcohol.Several people have already been charged with supplying alcohol to minors in this case.According to authorities, many of these people supplied alcohol to teenagers at two different parties that the victim attended on the night of the accident.

Published on: October 14, 2011

Woman Killed in Henry County Car Accident

by Robert N. Katz, Esq.

A woman was killed and her five-year-old son suffered a personal injury in a car accident in Henry County last week.The accident occurred on Georgia Highway 20 near McDonough.According to police, a Chrysler station wagon crossed the centerline, and crashed into a Chevrolet Silverado being driven by the victim.The woman sustained massive injuries, and was rushed to the hospital, but succumbed to injuries later.Her five-year-old child was in the backseat, and also suffered injuries in the auto accident. Given how the accident unfolded, a wrongful death and personal injury claim appear likely.

The driver of the station wagon suffered injuries, and was taken to the Atlanta Medical Center.Police are still trying to determine whether to press charges against her. Georgia’s laws allow survivors of victims of a car accident to file a claim for wrongful deathdamages.Under Georgia’s laws, only certain individuals can file a wrongful death claim for monetary damages.For instance, in the case of an adult victim, his spouse and children have the right to pursue a wrongful death claim, but the spouse controls the any lawsuit.However, when the deceased is a child, the parents have the right to file a claim.When a person dies in a car accident and does not leave behind parents, spouse or children, then his estate has the right to file a wrongful death claim against the motorist responsible for the accident.

In addition to a wrongful death claim, the heirs may also pursue a separate “estate claim.” A wrongful death claim allows a person to recover for the full value of someone’s life, while an estate claim permits the estate to recover for economic losses such as medical expenses and funeral bills as well as for pain and suffering.In some cases, an “estate claim” may also include a claim for punitive damages.Punitive damages are awarded in rare circumstances where the defendant has been found to have acted intentionally, willfully or with a conscious disregard for the consequences of their conduct. Most punitive damage claims fall in this last category.

Published on: October 13, 2011

Georgia Worker Killed In Electrocution Accident – Workers’ Compensation Claim Likely

by Robert N. Katz, Esq.

An apprentice journeyman was killed in an electrocution accident in Americus, Georgia last month.According to news reports, the worker had been standing on a ladder when he came in contact with a live wire.He then fell 12 feet down the ladder.The man had been working for Inglett and Stubbs Electrical Construction Company.The construction accident will likely result in a workers’ compensation claim by his family.

The month of August also saw another fatal electrocution accident in Georgia.A Georgia Power Co. lineman was electrocuted when he came into contact with a power line near Brookfield.The worker and his colleagues were trying to restore power after a line was cut.At some point, the worker came in contact with a live line, and was electrocuted. These accidents are an ever present reminder of the need to increase the level of benefits provided to the family of workers killed by on-the-job accidents.

Almost every worker is exposed to some degree of electrical energy while working.However, some types of workers may be at a higher risk of electrical accidents and electrocutions, because of the nature of their work.For instance, electricians or lineman working for power companies are clearly exposed to greater electrical injury hazards that the average construction worker.

Published on: October 12, 2011

FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards – Product Liability Claims Likely

by Robert N. Katz, Esq.

Under pressure from consumer safety advocates and product liability attorneys, the Food and Drug Administration is likely to soon limit access to surgical mesh devices because of the high risk of personal injury and complications resulting from the use of these. The Food and Drug Administration has confirmed that it will soon review the safety of the devices, which are used to treat pelvic organ prolapse in women.In this condition, the uterus and other organs shift from their position, and protrude through the body.The condition is frequently seen in women after childbirth.A surgical mesh device is used to keep the protruding organs in place.These devices are implanted transvaginally.

However, the Food and Drug Administration has been aware of complaints involving complications in women who had been implanted with surgical mesh products, for a while now.According to the Food and Drug Administration, between January 2008 and December 2010, it received more than 1,500 complaints of complications associated with the use of surgical mesh products.In July, the agency issued a safety warning about the products.Most of the complaints alleged chronic pain after the insertion of the surgical mesh.Women have also reported complaints about painful sexual intercourse.

What has seemed really outrageous to Atlanta product liability attorneys is that many women, who have had these surgical mesh products implanted and now face chronic and consistent pain, could have been treated even without the use of these devices.Doctors now believe that an unknown number of women may have had surgical mesh produces implanted to treat pelvic organ prolapse, when there are noninvasive techniques that can help treat the condition. In fact, the Food and Drug Administration believes that the use of surgical mesh product exposes patients to more severe injury risks, compared to traditional non-mesh repairs.The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.The Food and Drug Administration says that it has not seen any evidence to indicate that the use of the surgical mesh treats the condition any better than non-mesh procedures.

Published on: October 11, 2011

Increase in Motorcycle Accidents in Metro Atlanta

by Robert N. Katz, Esq.

Atlanta motorcycle accident lawyers have been concerned about a spike in motorcycle accidents on metro Atlanta highways recently.Just last week, a motorcyclist was fatally injured in an accident involving his motorcycle and a tractor-trailer.The truck accident occurred in Gwinnett County, and has been blamed on an airborne tire tread from the tractor-trailer.

According to police, the thirty-five-year-old motorcyclist was riding his vehicle in the left lane of northbound I-85 when his motorcycle struck the tire tread.The impact caused the motorcyclist to lose control.He was lying in the center lane of the highway, and in the path of an oncoming 18- wheeler.The truck driver did not see him, and ran over him.He was rushed to the Gwinnett Medical Center, but died.

This is the most recent in a series of motorcycle accidents that have left Atlanta personal injury lawyers very concerned.In recent months, according to police officers, there have been at least half a dozen motorcyclists killed in accidents in metro Atlanta highways.In August, a motorcyclist was killed in an accident involving two vehicles.He had been riding a Kawasaki Vulcan motorcycle, when his motorcycle was struck by two vehicles on I-75 near Cobb County.He sustained fatal injuries.Police believe that the accident was caused by a Porsche driver who fled the scene of the accident.Both the driver and his passenger were located by police about two weeks later.