Georgia Injury Law Blog

Published on: August 23, 2011

OSHA Cites Jackson Contractor in Fatal Trench Collapse: Workers’ Compensation Fails to Properly Compensate Family

A Jackson-based contractor has been citedby the Occupational Safety and Health and Administration for several safety violations that led to a trench collapse in Cumming early this year which resulted in the wrongful death of a worker. Unfortunately, under the workers’ compensation act, the workers’ family is extremely limited in what it can recover due to this on-the-job accident. Despite efforts by workers’ compensation lawyers for years to improve the benefits for families of workers killed on-the-job, the workers’ compensation laws have simply not improved.

The company, 2-Brothers Enterprises Inc was cited for several willful and serious violations related to the trench collapse.The collapse occurred in February at a worksite in Cumming.In the trench was a twenty-year-old worker who was trapped by the falling soil.Emergency crews managed to extricate the worker, but he died from his injuries.

The Occupational Safety and Health Administration began an inspection after it found out about the cave-in.When OSHA inspectors arrived at the scene, they found that the trench had been excavated to install a sewer line.The trench was approximately 40 foot long and 9 feet deep.However, there were no safeguards in place for protecting workers inside the trench.The trench walls were vertical, and unstable.Large amounts of soil and dirt had simply been stacked on the edges of the trench.In fact, the collapse had been triggered by these mounds of dirt falling into the trench.

Published on: August 22, 2011

Motorcycle Helmets Linked to Hearing Loss; Does this increase the number of motorcycle accidents?

by Robert N. Katz, Esq.

Motorcyclists wearing helmets may be at risk of hearing loss, not from the loud noise of their motorcycle engine, but from the sound of the wind cutting through the helmet.A new study indicates the need for greater research to produce safer helmets that don’t have any health effects. If there is truly a risk to a motorcyclist’s hearing, this would indicate a higher risk of motorcycle accidents due to the inability of the rider to hear approaching vehicles and horns. It would be helpful if a study was performed to determine if there was an increase in the number of accidents, injuries and wrongful deaths among riders with a hearing loss.

According to research by scientists at the University of Bath and Bath Spa University, wind can escape from just underneath the helmet, and can damage the eardrums.This sound can be strong enough to cause hearing loss.The study titled Aeroacoustic Sources of Motorcycle Helmet Noise finds that motorcyclists who wear helmets may be a risk of suffering hearing loss even when they ride at safe speeds.

The scientists in the study used mannequins, and re-created the levels of noise that a motorcyclist is exposed to while riding.They found one particular spot under the helmet which allows sound to travel to the eardrums.The researchers are calling for more studies into the differences in how motorcyclists perceive sound, in order to better understand what’s going on here.

Published on: August 20, 2011

Metro Atlanta Region One of the Most Dangerous for Pedestrians

by Robert N. Katz, Esq.

A new report titled Dangerous by Designby Transportation for America has bad news for Atlanta pedestrians and accident lawyers here. The report places the Atlanta-Sandy Springs-Marietta region at number eleven on the list of the deadliest cities for pedestrians in the United States. In addition to wrongful deaths, pedestrian accidents often result in the most severe injuries of any type of accident.

For Atlanta pedestrian accident lawyers, a look at the list suggests that nothing much has changed since Transportation for America came out with its pedestrian safety report last year.The Atlanta region continues to be fraught with pedestrian accident risks, a situation that is only likely to get worse as more pedestrians choose to walk.

According to the list, the Atlanta-Sandy Springs-Marietta region had a Pedestrian Danger Index of 119.3.The Transportation for America researchers arrived at the Pedestrian Danger Index for each region by calculating the number of pedestrian accident deaths for the region, relative to the amount of actual walking being done in that area.The researchers accounted for the fact that regions that have more pedestrians are likely to see more numbers of pedestrian accidents.The Pedestrian Danger Index allowed the researchers to compare diverse regions with varying pedestrian safety factors.

Published on: August 17, 2011

Mexico Trucking-Trade Agreement Poses Safety Concerns

by Robert N. Katz, Esq.

A new agreement between the United States and Mexico would lift tariffs on US goods in Mexico, in return for allowing Mexican trucks to carry freight within the US.It’s a controversial agreement, and Atlanta truck accident lawyers are concerned about the trucking safety records of Mexican companies. Truck accidents often result in serious personal injuries and wrongful deaths.

The deal was announced last month by the Department of Transportation.Already trucking safety groups have raised questions about whether Mexican trucks will be able to meet safety standards in the United States.The Teamsters Union has already made clear its concerns about trucking safety.

However, the Department of Transportation says that there is no need to worry, and that Mexican drivers will be held to the same high standards that American drivers are.According to the agency, Mexican truck drivers will be put through drug and alcohol tests to make sure that there are no intoxicated drivers on the street.Besides, the Department of Transportation will also electronically monitor truck drivers through onboard recorders.These truckers will also be held to high emission safety standards.

Published on: August 16, 2011

Pregnant Women’s Exposure to Power Lines Increases Asthma Risks in Children

by Robert N. Katz, Esq.

Women who are exposed to power lines and other sources of magnetic fields are at a much higher risk of giving birth to children who develop asthma later.The results of a study which have just been published in the Archives Of Pediatrics and Adolescent Medicine, are very disconcerting. Although personal injury lawyershave been concerned about the issue of exposure to power lines, other studies have dismissed the issue.

The researchers used 801 pregnant women from Southern California in the study.These women were required to wear a monitoring device twenty-four hours a day.The device measured their exposure to magnetic fields.The women were required to wear the devices during the first and second trimester of pregnancy.The device measured magnetic exposure from a number of appliances, including vacuum cleaners and dryers.

After the women gave birth to their children, the researchers began to monitor the children over the next thirteen years.Over this thirteen-year period, the researchers found that 130 children developed asthma, most of them being diagnosed with asthma before they turned five.What’s more, the researchers found that each one milligaus increase in exposure to magnetic fields resulted in a 15 percent increase in asthma risks in children born to these women.

Published on: August 12, 2011

Mandatory Stability Control Systems Could Minimize Rollover Truck Accident Risks

by Robert N. Katz, Esq.

Mandatory stability control systems in all tractor-trailers, especially tanker trucks, could help prevent as many as 3,600 rollover accidents every year and save more than 100 lives in these accidents annually.It’s the reason why Atlanta truck accident lawyers have strongly called for such systems in all commercial trucks.The National Transportation Safety Board is calling on a number of federal agencies to work together to implement rollover accident prevention systems for commercial trucks and buses.

The National Transportation Safety Board’s concern over truck rollover accidents comes through in its report into a truck accident in Indianapolis in 2009.The accident which injured five people was ultimately blamed on a tanker truck careening out of control, and flipping over, setting off an explosion.The tanker truck had been loaded with 9,100 gallons of liquefied petroleum gas at the time.

Tanker trucks represent just 6% of the total number of trucks in the country, but account for more than 30% of all fatal truck rollover accidents.Tankers carry liquid cargo, and this cargo may be prone to shifting while in transport.This shift can cause a redistribution of weight, possibly causing the truck to flip over.Tanker trucks very often carry hazardous materials like gasoline, and so, the risks from a rollover accident do not end as soon as the truck flips over.In most of these cases, the hazardous material can leak, posing a serious risk of explosions, fires and toxic exposure.

Published on: August 11, 2011

Study Links Brain Injury to Enhanced Stroke Risk

by Robert N. Katz, Esq.

A new studypoints to an increased risk of suffering a stroke after a traumatic brain injury. The study found that persons who had suffered a brain injury have a ten-times higher risk of suffering a stroke during the first three months after injury. This means that anyone involved in a car accident, construction accident or any other trauma that results in a traumatic brain injury has a much higher likelihood of suffering a stroke.

The results of the study have been published in the online issue of Stroke: Journal of the American Heart Association, and confirms that a traumatic brain injury can increase the risk of suffering a stroke over five years.The researchers based their results on an analysis of data of about 23,000 patients from a Taiwanese database.All these persons had suffered a traumatic brain injury.These people were then compared to people with no history of brain injury.The researchers monitored their susceptibility to stoke over a period of 5 years.

The increase is the most dramatic during the first three months after the TBI.After one year, the stroke risk went down substantially, but it was still at least 4.6 times higher than among people who did not have a traumatic brain injury.After five years, the stroke risk was 2.3 times higher than among patients with no brain injury.

Published on: August 10, 2011

Feds Mull Rules to Prevent Pedestrian Accidents Involving Hybrid Cars

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration will soon propose a rule requiring automakers to install noisemaking devices in their electric and hybrid cars to alert pedestrians.Pedestrians, especially those with visual challenges, may not be able to hear an approaching electric or hybrid car, because of the low levels of noise that these vehicles emit. As a recent study indicates, the result is an increase in car accidents involving pedestrians and these vehicles.

The National Highway Traffic Safety Administration has now posted a notice on its website, as the first step towards rules that will mandate manufacturers of electric and hybrid cars to install noisemaking devices in their vehicles.The rule will cover not just cars, but also motorcycles, buses and trucks.Hybrid vehicles can be a pedestrian safety threat, because they emit very low levels of noise.They make much lower noise than internal combustion engines, and as a result, pedestrians may not hear an approaching vehicle.

Some pedestrians may be at a higher risk of being involved in an accident with an electric car.For instance, visually impaired pedestrians who rely very heavily on their sense of hearing to detect accident hazards, may be at a special risk of being involved in a car accident with an ultra quiet electric car.Children, whose senses are not developed fully, may also be at high risk when they fail to hear an approaching car.It is the safety of these pedestrians that the National Highway Traffic Safety Administration wants to address.

Published on: August 9, 2011

Progress in Treating Breathing Interruptions after Spinal Cord Injury Caused by Auto Accidents and Other Trauma

by Robert N. Katz, Esq.

Scientists have made progress in addressing a serious problem that often arises after a person has suffered a spinal cord injury in a car accident.Atlanta personal injury lawyers are happy to report that researchers have tested an experimental treatment to restore breathing function interrupted after a spinal injury.

Breathing interruptions are some of the most serious complications after a person suffers a serious spinal cord injury.However, a group of neuroscientists have used a nerve graft treatment to address this issue.The results of the study have been published in the journal Nature.The tests were conducted on lab rats with successful results, and if the treatment can be transferred to humans with similar results, then doctors will be able to eliminate one of the more serious problems that can arise immediately after a spinal cord injury.

In order to understand how the treatment works, it’s important to understand how a spinal cord injury affects breathing.Breathing functions are controlled by nerve cells, which, in turn, control specialized motor cells in the spinal cord.When the vertebrae are damaged at or above the C3, C-4 and C5 segments, it affects breathing.A person in a situation like this may need to be immediately placed on a ventilator.

Published on: August 8, 2011

Investigation Indicates Carroll County School Bus Driver in Fatal Bus Accident Was Drowsy

by Robert N. Katz, Esq.

The Atlanta Journal-Constitution has obtained a Georgia’s State Patrol investigative report into the fatal school bus accident in Carroll County in 2010 that resulted in the wrongful death of a student.The investigative report blames drowsy driving by the school bus driver, and also indicates that students on the bus were nervous about the bus driver’s driving abilities.

The accident occurred in October 2010, when a group of fourteen high school students were traveling from Temple High School to a vocational school.Suddenly, the bus veered to the right of the road and into a ditch.It then overturned, leaving more than a dozen students with personal injuries.A seventeen-year-old student on the bus was killed.He was partially ejected from the bus when it flipped over, and was trapped underneath the bus.

The driver of the bus was a trainee who was scheduled to take his test to become a full-time driver the next day.He had not completed six hours of required training. The investigative report seemed to indicate that the driver had a record of unsafe driving, and students on the bus had been afraid for their safety on the day of the accident.Several students also mentioned to investigators that the way he was driving, especially over dirt roads, was very unsafe.This week, he was sentenced to a year of probation and fined $600 for failure to stay in his lane.