Georgia Injury Law Blog

Published on: October 10, 2011

Investigations into Fatal Georgia Tractor-Trailer Accident Continue

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.Of course, the results of the investigation could result in a wrongful death lawsuit if the truck driver is located and found to be responsible for the accident.

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 Atlanta 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 a debilitating personal injury that require extensive hospitalization, surgery and long-term care.

Published on: October 9, 2011

Atlanta Lawyer Sentenced in Drunk Driving Accident

by Robert N. Katz, Esq.

A former Atlanta lawyer, who was involved in a deadly drunk driving accident that killed one person, has been sentenced to 25 years in prison. Car accidents of this nature often end tragically with a severe personal injury or wrongful death. Of course, this particular accident was clearly preventable and should never have occurred.

The accident occurred on October 1, 2006 when the man ran a red light and crashed into a taxicab. The crash killed a thirty-one-year-old woman and left two men severely injured.The victim left behind a three-year-old daughter and a seven-year-old son.

The lawyer pleaded guilty to vehicular homicide and serious injury by vehicle while driving under the influence.It later emerged that he had four prior DUI offenses on his record.In fact, on the day of the accident, he was on probation from a previous DUI, and had been ordered not to drive.

Published on: October 7, 2011

Seatbelt Failures Can Amplify Car Accident Injury Risks in Georgia

by Robert N. Katz, Esq.

Seatbelt failures happen more often than most drivers think, and when these do occur, motorists may be at a serious risk of personal injury.Honda has now announced the recall of more than 311,000 vehicles because of potential seatbelt failure problems. Airbag and seatbelt failures are regular complaints received by accident attorneys nationwide.

The recall involves certain Pilot SUVs from model years 2009 to 2011.According to Honda, these vehicles may have a problem in the way that their seat belts have been sewn together.The stitching at the end of the lap belt on both the driver and front seat passenger seatbelt may not be complete, and the seatbelt may be at risk of coming loose from the anchor webbing during an accident.A person who is poorly restrained in a defective seatbelt like this is at a serious risk of traumatic injuries in an auto accident.

Honda has informed the National Highway Traffic Safety Administration that it has received two complaints about the defective seatbelts.One of these incidents involving a defective seatbelt occurred in 2010, while the other occurred this year.Honda owners whose vehicles are included in the recall are required to visit their dealers as quickly as possible, for an inspection.If necessary, the seatbelt will be replaced free of charge.Approximately 310,773 vehicles are included in the recall.

Published on: October 5, 2011

Killer’s Family Can Sue Georgia Psychiatrist for Medical Malpractice for Discontinuing Medication

by Robert N. Katz, Esq.

In a groundbreaking ruling, the Georgia Supreme Court has ruled that the family of a man, who stabbed his mother to death, can proceed with a lawsuit against the psychiatrist who discontinued the man’s medications.It has long been the law in Georgia that third parties who suffer a personal injury or wrongful death due to a psychiatrist failing to properly treat a patient can recover damages. However, this case adds a new twist in that the family of the patient and the victim are the same. The decision is important because it now allows families most directly impacted by the conduct of a patient to retain a medical malpractice attorney and sue the psychiatrist.

The case involves Victor Bruscato, who was undergoing psychotic treatment by Derrick Johnson O’Brien.The doctor had placed Victor on antipsychotic medication, but decided to discontinue two of the most powerful medications when he became concerned that Bruscato was showing signs of another dangerous syndrome.

In August 2002, Bruscato attacked his mother with a battery charger, causing her severe head injuries and stabbing her seventy-two times.He was charged with murder, but was judged incompetent to stand trial.His father sued the psychiatrist for medical malpractice, alleging that the doctor’s negligence in discontinuing the medication had causes his son’s psychosis to get out of control.The psychiatrist refuted the allegations, saying that Bruscato’s family was not eligible to file a civil lawsuit in a crime that was committed by their own son.

Published on: September 30, 2011

Father Negligent in 12-year-old Driver’s Fatal Car Accident

by Robert N. Katz, Esq.

Most personal injury attorneys know that sometimes, an accident is all about a chain of events. That’s exactly what a jury found this year when they determined that the father of a 12-year-old driver who died as the result of a car accident he caused was negligent in teaching his son to drive illegally on public roads. The Daily News reports it appeared to be a case of oversimplified causation. In other words, but for Loren Fry teaching Jake Fry to drive illegally, the circumstances that led up to his wrongful death might not have occurred. The situation itself, however, is a slightly more complicated one.

Jake Fry died on February 27, 2007, and his father was actually nowhere near the car when the accident occurred. In fact, his son was driving a 1993 Ford Taurus belonging to his father’s girlfriend, Kelley Hill. She was in the passenger seat at the time of the crash, and her 12-year-old daughter was also along for the ride.

No one, except for those in the car at the time, knows exactly what happened. But this jury didn’t think it mattered, since they concluded Loren Fry was actually more at fault than Hill. More than likely, the jury rationalized that by teaching his son to drive illegally, Loren Fry created a foreseeable risk that his girlfriend might do the same. Perhaps she had been in the car during one of their driving lessons. Maybe allowing Jake to drive without his father in the car was something she had done before. It’s even possible that Loren Fry had given her permission to do so.

Published on: September 26, 2011

Three Teenagers Killed in Clayton County Pedestrian Accident

by Robert N. Katz, Esq.

A third teenager has succumbed to his injuries after a deadly pedestrian accident in Clayton County.Two other teenage pedestrians were also killed in the car accident last Thursday. The Atlanta Journal-Constitution has confirmed the death of the third teenager, a seventeen-year-old boy.The boy had suffered a serious brain injury in the accident.The boy and his two friends, aged sixteen and seventeen years old, were walking along GA 158, when they were struck by a car being driven by forty-eight-year-old Priscilla Diane Johnson.The impact left the boys with serious injuries.One of them died at the scene of the accident, while the other was rushed to Grady Memorial Hospital, and succumbed to his injuries there.The third victim died on Saturday morning.

According to police, Johnson had been talking on a cell phone at the time of the accident.She had also taken antidepressant medications just before the accident.She now faces a number of charges, including vehicular homicide, driving under the influence, and hit and run.Police also believe that she was driving under a suspended license.Additionally, she faces charges of reckless driving as well charges related to cell phone use while driving and lack of insurance. Personal injury attorneys have repeatedly warned about the dangers of distracted driving as well as driving under the influence of medications. Unfortunately, these tragedies will continue to occur until we toughen our laws in these areas.

According to one of her friends, at the time of the accident, she was on the cell phone having a quarrel with her husband.The friend has confirmed that she had taken antidepressants before she started driving, and had been impaired at the time of the accident.

Published on: September 24, 2011

The United States Enjoyed a Decrease in the Instances of Workplace Casualties in 2010, but this may have come at Workers’ Expense

by Robert N. Katz, Esq.

According to the Bureau of Labor and Statistics the number of workplace fatalities and workplace injuries in the Unites States has declined over the past year. Even with the nationwide institution of workers’ compensation statutes, which allow injured workers, or the heirs of workers killed while on the job, to recover for medical expenses that arise as a result of the injury, and a portion of weekly earnings lost as a result of the injury, a decrease in the number of workplace injuries and fatalities can only be good for workers. Or can it?

According to The Business Journals, the poor economy may have more of an impact on the decrease of workplace fatalities than anything else. Ironically, what should be a victory for workers across the United States may have actually come at their expense.

In 1970, the United States Congress created the Occupational Safety and Health Administration (OSHA). The purpose of OSHA was to “ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. Goal was to decrease the number of workplace fatalities and injuries.” In addition to the establishment of OSHA in 1970, several states have also instituted workers’ compensation laws that provide compensation to workers, or their families, who have either been injured or killed while on the job.

Published on: September 23, 2011

Atlanta’s Pedestrian Accident Issues Spotlighted Again by Baby Stroller Death

by Robert N. Katz, Esq.

The metro Atlanta area is undoubtedly one of the most dangerous places for pedestrians. However, other, more sprawling parts of the state are just as susceptible. Police report that a driver was backing a 2005 Chrysler Pacifica through the parking lot at Lenora Park on Lenora Church Road when her vehicle suddenly struck a stroller being pushed by a pedestrian. The infant in the stroller died of her injuries at Children’s Healthcare at Egleston in Atlanta and the police are left with analyzing how this pedestrian accident occurred. As police attempt to determine the answer, they are on the search for witnesses who may be able to confirm that the mother was crossing in a crosswalk when the car accident occurred near Snellville, Georgia.

For personal injury attorneys in Atlanta, Georgia, this incident is eerily similar to another high-profile jaywalking case that garnered national media attention this summer. Raquel Nelson is an Atlanta mother who was charged and convicted with vehicular homicide when her son was killed while crossing a street with her – out of the crosswalk. The case galvanized the country, and finally resulted in Nelson being awarded the option for a new trial. The trial is slated to begin October 25, 2011.

In Nelson’s case, the driver had a previous record, was blind in one eye and had questionable blood alcohol content. In this most recent incident, the incident report indicates that while the driver’s vehicle held six occupants, alcohol was not a contributing factor. The website for WBS radio indicates that one witness told authorities the mother pushed the stroller from between two legally parked vehicles and into the path of the SUV. The story of other witnesses may differ.

Published on: September 19, 2011

New Study into Motorcycle Accident Causes and Prevention

by Robert N. Katz, Esq.

A groundbreaking new study that promises Atlanta motorcycle accident lawyers new insight into the causes of motorcycle accidents has just begun. Since motorcycle accidents result in some of the worst personal injury cases and wrongful deaths, any insights into the causes of these often catastrophic accidents is helpful. The Motorcycle Safety Foundation has announced that the very first motorcyclist in a study of 100 motorcyclists has officially begun his one-year long experience.

The Motorcycle Safety Foundation’s study is a naturalistic one, believed to be the first such study into motorcycle safety in the country.The study relies on the use of recording and tracking devices, like video cameras and GPS devices to record the motorcyclist on an everyday basis.One hundred motorcycles will be recruited as part of the Motorcycle Safety Foundation study.These motorcycles will be fitted with five color video cameras, a GPS tracker, and other devices that will help researchers track the motorcyclist’s riding experiences.

The researchers hope to get valuable information about the motorcyclist’s daily experiences on his vehicle.They also expect information about the environment just before and during the crash.A typical motorcycle accident study does not take into consideration such real-time data.A typical study will include a simple examination of accident scenes.Through the Motorcycle Safety Foundation study, researchers hope to capture information in the minutes just before a crash, to understand more about the causes of such accidents.

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

by Robert N. Katz, Esq.

In effect in Washington as of July 22 of this year, “Hailey’s Law” mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.