Georgia Injury Law Blog

Published on: September 26, 2011

Three Teenagers Killed in Clayton County Pedestrian Accident

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.

Published on: September 14, 2011

Atlanta Man Killed in Motorcycle Accident

by Robert N. Katz, Esq.

An Atlanta motorcyclist was killed last month in an accident that occurred when a motorist turned into his path.According to the Georgia State Patrol, the motorist was driving under the influence of alcohol. The accident occurred in Paulding County.The man was riding on his motorcycle when the intoxicated driver turned into the path of the motorcycle.The man was thrown off his motorcycle, and sustained fatal injuries.The motorist has been arrested, and faces charges of driving under the influence, vehicular homicide in the first degree and failure to heed. Of course, he will also likely face a civil suit for wrongful death.

Even as the numbers of people killed in auto accidents in the United States have declined over the past few years, the numbers of people being killed in motorcycle accidents has remained more or less steady.In 2010, federal auto safety agencies recorded the first drop in motorcycle accident fatalities in more than eleven years.The decline was slight, but was encouraging to Atlanta motorcycle accident lawyers who have been very concerned about the fact that motorcycle fatalities have remained high over the past decade.However, the decline in fatalities was too low to mean any major change in the attitude towards motorcycle safety in the country.

In 1981, the groundbreaking Hurt Report was published, and outlined the major factors involved in motorcycle accidents in the United States.The study had been sponsored by the National Highway Traffic Safety Administration.The Hurt Report was published during a time of high accident fatality numbers involving motorcyclists. One of the findings of the Hurt Report was that most motorcycle accidents are caused by motorists who fail to yield right-of-way to a motorcyclist.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: September 12, 2011

US Could Learn Lessons in Preventing Car Accidents from Other Countries

by Robert N. Katz, Esq.

The United States lags behind several other countries, including those in Europe and Asia in reducing the number of auto accident relatedwrongful deaths. According to the Insurance Institute for Highway Safety, this country could be doing a much better job of saving more lives and reducing the number of personal injuries in accidents every year.

It may seem like there’s been much progress in reducing accident numbers in the United States.After all, auto accident wrongful death numbers in this country have been on the decline over the past decade, and last year, were at their lowest levels since record keeping began.With statistics like this, it’s easy for Atlanta car accident lawyers and motorists to become complacent, and believe that American drivers are much safer than anywhere else.

That’s not true at all.A look at the safety records and accident prevention efforts in other countries indicates just how much more progress the U.S. needs to make.

Published on: September 9, 2011

Dogs at Issue in Car Accidents due to Distracted Driving

by Robert N. Katz, Esq.

A new study by AAA and Kurgo has reported that 52 percent of drivers admit to “petting their canine companions instead of paying attention to the road,” and another 17 percent allow their pets to sit in their laps while driving – this according to an article published on www.insideline.com. Kurgo, a pet travel company, polled 1,000 dog owners who had traveled with their pets in the past 12 months.While the study did not evaluate the number which were involved in an auto accident, the risk factor of petting a dog while driving is clear. Auto accidents result in serious personal injuries and any conduct that may cause a rise in the number of accidents should be avoided.

Car accident attorneys in Georgia know this doesn’t bode well for drivers with furry friends. Looking away from the road for a mere two seconds doubles a driver’s risk of being involved in a car crash. Think about those two seconds. Now, picture how many seconds it takes you to pet your pooch and watch that level of risk increase significantly.

The problem, researchers summarized, could probably be rectified if more owners seriously considered restraining their pooches. Interestingly enough, many of those polled admitted that they knew operating a vehicle with an unharnessed animal was risky business, yet chose to engage in it anyway. 83 percent of drivers agreed that an unrestrained pet is dangerous, but only 16 percent reported restraining their pet.

Published on: September 8, 2011

Insurance Companies Held to a New Standard on Health Insurance Premiums? Not Really. Car Accident Victims Likely to Suffer from Government Inaction

by Robert N. Katz, Esq.

Georgia’s Insurance Commissioner Ralph Hudgens is going to set insurance companies straight- well, he can try, but likely will not succeed.The piece from the national healthcare reform puzzle which requires insurance companies to justify rate increases will become effective on September 1, 2011.If this change helped to hold down rates, then persons injured in car accidents could better afford the premiums while they are out of work trying to recover. Unfortunately, if you are injured in an auto accident, you are likely to see your health insurance premiums continue to rise. This could be resolved once the new healthcare law’s mandatory provisions take effect. However, as Georgia personal injury attorneys have warned, if the healthcare law is declared unconstitutional thereby eliminating universal coverage, the problem with personal injury victims getting the treatment they need while unable to work will continue indefinitely.

The rate justification requirement forces insurers to publically post any rate increases over 10% and explain why the increase is reasonable.This 10% rule only applies to policies covering individuals and small businesses.All new double-digit rate filings will be submitted with much more documentation now. It is then left to the state to decide if the increase is reasonable based on health care costs and other factors.

We are relying on this new rate review process to save us from the big, bad insurance company, right?Unfortunately, Georgia law ties the hands of the insurance commissioner’s office by giving him no authority to reject rates submitted by the insurers.The insurance commissioner’s office “enforces and regulates laws enacted by the state legislature under Title 33 of the Official Code of Georgia.”In other words, Georgians will have to rely on unreasonable rate hikes to be handled by the federal government.