Georgia Injury Law Blog

Published on: August 12, 2011

Mandatory Stability Control Systems Could Minimize Rollover Truck Accident Risks

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.

Published on: August 7, 2011

Georgia’s New Booster Seat Laws Will Protect Children from Injuries in Car Accidents

by Robert N. Katz, Esq.

A new Georgia law that increases the age of children, who need to be safely restrained in booster seats from 6 to 8, went into effect on July 1.This law now increases the number of child passengers who are required to be restrained in booster seats, thereby protecting these children from fatal injuries in the event of a car accident.

Under the law, your six or seven-year-old will also be required to be strapped into a booster seat.The law will exempt any children from the booster seat rules if they measured at least 4 feet 9 inches tall.Other exemptions apply, but they are limited to vehicles without shoulder straps and for children who medically cannot be restrained in a booster seat.

Current car accident statistics from around the country underscore the need for the law.According to data by the National Highway Traffic Safety Administration, auto accidents are the number one cause of death for children between the age of three and fourteen.In 2009 alone, 909 children above the age of five, and ten children below the age of four were killed in Georgia accidents.

Published on: August 6, 2011

Workplace Safety Concern at Tyson Foods Plant Addresses Continued Viability of Workers’ Compensation

by Robert N. Katz, Esq.

In May, the Occupational Safety and Health Administration issued 10 safety citations against Tyson Foods at one of its plants. Nine of the violations cited conditions that posed a "substantial probability" of wrongful death or serious personal injury from a hazard the employer knew, or should have known, about. The third was a repeat violation that the company had been asked to fix once before. So serious were the violations that OSHA fined the food processor $71,500, which was $30,000 more than the original estimate. It is these types of plants that often result in significant workers’ compensation claims.

The hefty price tag that accompanied the violations is understandable in light of the offenses. Says reporter Rick Romellof the Journal Sentinel, among the violations are: an inadequate guardrail; battery cables hanging outside the running lines of two forklifts; failure to ensure that refrigeration mechanics wear tight-fitting, annually tested respirators; and a lack of clear instructions in operating procedures for handling emergencies with equipment. The Occupational Safety and Health Act of 1970 (OSH Act) requires that employers provide their employees with work and a workplace that is free from recognized, serious hazards.Some duties under the act include:

Making sure employees are aware of all safety procedures and drills.

Published on: August 3, 2011

Father of Man Accused of Slaying his Mother may be Prohibited from Bringing Medical Malpractice Suit on behalf of His Son Pending Decision by the Georgia Supreme Court

by Robert N. Katz, Esq.

When an individual is the victim of medical negligence or medical malpractice, that person is normally afforded the opportunity to prove his case at trial. As a Georgia medical malpractice attorney, I believe this should be the case. However, Victor Bruscato and his father Vito, depending on what ruling the Georgia Supreme Court makes, may not be afforded this opportunity because of a long adhered to legal principle. On Monday, July 18, 2011, the Supreme Court of Georgia heard arguments regarding whether to allow a medical malpractice case, brought by the father of a Georgia man accused of killing his mother, go to trial.

The story began in 2001 when Victor Bruscato began seeing Dr. Derek Johnson O’Brien at O’Brien’s community health Center in Gwinnett, Georgia. At that time, Victor was taking anti-psychotic drugs to help him manage violent and sexual urges. However, in May of 2002, Dr. O’Brien took Victor off of tow of these powerful drugs. Dr. O’Brien’s reason for this was to determine if Victor was developing a dangerous syndrome possibly related to these drugs.

After being taken off of these medications, Victor complained of nightmares, and he also claimed that the devil was directing him to do bad things. Three months after being taken off of these two medications by Dr. O’Brien, Victor was suspected of violently slaying his mother, Lillian Lynn Bruscato. According to police, Victor smashed Mrs. Bruscato’s head in with a battery charger and stabbed her 72 times. Victor was eventually charged with the slaying, but he was found not competent to stand trial and was committed to a state mental institution.

Published on: July 29, 2011

Distracted Driving: Part 2, Efforts to End Needless Car Accidents

by Robert N. Katz, Esq.

April is National Distracted Driving Awareness Month. April 2010 kicked off a huge effort to enforce the texting and cellphone use laws in two cities. The pilot program called “Phone in one Hand, Ticket in the Other” was launched through law enforcement and public-education media campaigns. The results are in and, apparently, the program was extremely successful in Hartford, CT and Syracuse, NY. Police in both cities issued over 900,000 tickets to drivers for using their cellphones while driving. Driving with cellphones decreased 32% in Syracuse and 57% in Hartford. Texting while driving in Hartford declined by 72%. USA Today reports the National Highway Traffic Administration plans to continue the pilot program in undisclosed states. As a Georgia auto accident attorney, I think Atlanta would be a good place to test.

As discussed in our Distracted.

A study by the Insurance Institute of Highway Safety found the frequency of insurance claims increased in the studied states after texting bans were enacted. In the report, Adrian Lund, President of IIHS and HLDI, states the findings may indicate, “that texting bans might even increase the risk associated with texting for drivers who continue to do so despite the laws.”

Published on: July 29, 2011

Distracted Driving: Part 1, Texting Laws and Stats You Will Not Believe

by Robert N. Katz, Esq.

An estimated 20% of the over 1.5 million car accidents resulting in minor to severe injury were reported to have involved distracted driving in 2009. If you think of all the things you do while driving down the road daily, it is no wonder that distracted driving is the leading cause of auto accidents each year, from fender- bender to fatal injury.

Transportation Secretary Ray LaHood has made it his mission to reduce these needless accidents. A USA Today article quotes LaHood as saying, "It is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted-driving accidents." As an Atlanta auto accident attorney, I always try to find out whether a driver involved was using a cellphone at the time of the accident.

LaHood’s focusis on drivers texting and cellphone use while behind the wheel. And, it isn’t just the kids anymore. Statistics from Distraction.org show the number of distracted drivers involved in fatal crashes increased from 7% in 2005 to 11% in 2009. Of those drivers, 30-to-39-year-old group had the highest proportion distracted by cellphone use. Those are not the numbers I expected to see!