Georgia Injury Law Blog

Published on: July 17, 2011

Incidents of Young Drivers and Car Accidents on the Rise with Availability of Mobile Apps

According to a poll by The US Department of Transportation and Consumer Reports, 63 percent of people under 30 acknowledged driving while using a handheld phone and 30 percent said they have sent text messages while behind the wheel. A total of nearly 5,500 people in the United States were killed in distracted driving accidents in 2009.

Although I am a personal injury attorney, and accustomed to the horrors stemming from car accidents, these are staggering numbers. However, I’m convinced that distracted driving has become an even greater problem with the rampant use of smartphones and an increased number of young drivers wielding them – especially with the plethora of apps available. The main problem is that “science hasn’t caught up to looking at the effects that mobile app usage can have behind the wheel of a car," says researcher Lauren McCartney.

Apple alone has more than 425,000 apps.So it comes as no surprise that the University of Alabama Youth Safety Lab found use of popular cell phone apps pose an even greater risk to young drivers. Additionally, the speed of these 3G devices undoubtedly makes internet and app use while on the move an ever-growing temptation for America’s young people. And incidents of distracted driving are sure to continue on an upward trend as the phones and apps alike become more affordable. Douglas Mcintyre, reporting for Aol’s Daily Finance, found a recent report by Comscore which stated that "74.6 million people in the U.S. owned smartphones during the three months ending in April 2011, up 13 percent from the three-month period ending in January 2011."

Published on: July 15, 2011

Georgia Supreme Court Hands Down Pivotal Ruling in Drunk Driving Car Accident

by Robert N. Katz, Esq.

On July 5, by a vote of 6-1, Georgia’s Supreme Court found a convenience store could be held liable for selling alcohol to a man who was responsible for a fatal car accident. Initially, the trial court granted the store’s motion for summary judgment on the grounds that the beverage was not sold to be consumed on the premises, reports the Associated Press. This seems to be an assumption the consumer was unaware of – at the time of the auto accident, and only four hours after buying a twelve-pack of beer from Exprezit!, his blood alcohol content was a whopping 0.181, more than twice the legal limit.

As a car accident attorney in Atlanta, Georgia, I come into contact with similar claims involving drunk drivers. When I heard about this particular ruling, I immediately honed in on the fact that the man was said to be visibly intoxicated at the time the alcohol was purchased. Another article by The Florida Times-Union notes the Court’s application of the “dram shop act” to its reasoning. The law states that anyone who knowingly sells or provides alcohol to someone who is noticeably intoxicated while knowing that the person will soon be driving may be liable if the alcohol is the direct cause of an injury.

In his opinion for the majority, Justice Hugh Thompson reasoned that the act was all-inclusive, meaning that it was intended to encompass the sale of alcohol at places other than the “proverbial dram shop” or bar. On the other hand, Justice Robert Benham, dissenting, concluded this was an unfair interpretation of the act because clerks at grocery stores and convenience stores often experience a lesser degree of interaction with patrons. Ostensibly, he claims, this affords them little opportunity to really judge the sobriety customers.

Published on: July 13, 2011

Drunk Driving Stunts Can Lead to Auto Accidents resulting in Wrongful Deaths and Injuries

by Robert N. Katz, Esq.

The death of a popular TV/movie star last month in a fiery drunk driving accident should serve as a reminder to Atlanta residents – avoid driving under the influence of alcohol at all costs. The worst car accidents often involve not only someone driving drunk, but someone driving drunk and performing stunts.

Ryan Dunn, the star of the popular “Jackass” movies was killed in a car accident that occurred in Pennsylvania.Dunn was traveling with his passenger and friend, when the car crashed.The vehicle exploded in flames, and both occupants were killed instantly.Tests later determined that the star had been driving with blood alcohol concentration level of more than twice the .08% DUI Limit.

Drinking over and above capacity seems to have been a factor in the accident.Just a few minutes before the accident, Dunn had Tweeted a picture of him and his friends having a few drinks at the bar.According to staff at the bar, Dunn only bought about 8 beverages, but was served several alcoholic drinks by fans at the bar who wanted to buy him drinks.In fact, police believe that it was these last few drinks that he had that helped send his blood-alcohol levels over the edge.

Published on: July 11, 2011

Motorcycle Manufacturers Need to Focus on Safety in Order to Prevent Motorcycle Accidents, Injuries

by Robert N. Katz, Esq.

Atlanta motorcycle accident lawyers have not failed to notice that while automobile manufacturers have tried to keep pace with the public demand for safer automobiles, motorcycle manufacturers have really not focused on the safety of their vehicles as much.As a result, while auto accident deaths around the country have been dropping, the number of people dying in motorcycle accidents has remained more or less the same.

In 2010, Atlanta motorcycle accident lawyers found a drop in motorcycle accident fatalities, the first drop recorded in 11 years.While that had been an encouraging sign, it was not a sharp enough drop.Far too many people continue to be at risk of an accident when they ride a motorcycle.Motorcyclists are at risk from motorists driving under the influence, or speeding.The risks of being involved in an auto accident increases when they are sharing the road with a motorist who is texting while driving.Other times, these car accidents are caused by drivers who fail to look out for motorcyclists.

A major factor in the drop in highway auto accident deaths across the country has been that automobiles now come with safety devices that not only reduce the risk of an auto accident, but also prevent serious injuries and deaths in an accident.Electronic stability control systems have substantially reduced the number of rollover accidents that occur every year.These are some of the most serious accidents, and account for a large percentage of fatalities in accidents every year.The fatalities have been declining because more vehicles now come with stability control systems.

Published on: July 6, 2011

Inaccurate Federal Estimates of Bus Accident Data Indicate Higher Numbers of Wrongful Deaths

by Robert N. Katz, Esq.

An investigation by USA Today indicates that the National Highway Traffic Safety Administration may have provided inaccurate information about bus accident fatality data between 1995 and 2009.This could have caused a misconception that buses on our highways are safer, and that fewer people are dying in bus accidents.Personal injury lawyers handling bus accidents know that is not true at all.

The USA Today Investigation focused on bus accident deaths between 1995 and 2009, and found more than a few accident fatalities that went missing from the federal data.The investigation found that overall, at least 42 deaths went missing from the official federal data.The investigation also found that since 2003, at least 32 bus accident deaths were not included in the final federal data.

In addition, there were 42 fatalities that occurred on midsize buses which were not accounted in the federal data either, because these buses are not included in the National Highway Traffic Safety Administration’s definition of a motor coach.

Published on: July 5, 2011

Atlanta Construction Worker Killed in Fall Accident

by Robert N. Katz, Esq.

A construction worker was killed last week in a workplace accident at a high school site in Atlanta.The man had been working on an addition project at a school in south Atlanta, when he fell 20 feet from a hydraulic lift.

According to authorities, the entire accident was triggered when a piece of metal pipe fell from the ceiling of the addition, and crashed into the lift which was holding the worker.The impact caused the lift to jerk, and the worker fell about 20 feet below onto the pavement.He sustained serious injuries, and died.

According to news reports, the victim worked for a subcontractor on the project.The Occupational Safety and Health Administration has begun an investigation into the accident.In the meantime, the site has been temporarily shut down. See Worker Killed in Fall.

Published on: July 3, 2011

Atlanta Seniors at Higher Risk of Injury in Slip and Fall Accidents

by Robert N. Katz, Esq.

Seniors in Atlanta are at a high risk of suffering serious injuries in a slip and fall accident because of their age, gait, vision problems and a number of other factors.A new study conducted in the UK focuses on how a senior’s direction of gaze and walking style affects his risk of a fall accident.

The research is being funded by the Age UK, and is probing the link between vision and a slip and fall accident.Researchers are specifically looking at the theory that a person’s risk of a fall accident increases when he is looking straight ahead, and not down at obstacles that are in front of him.According to the research, older adults who look directly ahead at obstacles in the distance may be at a higher risk of a fall accident than those who look at obstacles in front of them.

Age UK is planning more studies into the prevention of fall accidents involving the elderly.Soon, the group will initiate a new study involving people over the age of 65.Researchers are currently looking for subjects who will participate in this new research.The research will involve a four-hour experiment during which the subjects must walk over a 7 m walkway.The participants will be required to take precise steps on a target marked on the road, as well as over a series of marked obstacles.While they walk, a number of variables will measured, including the participants’ eye and body movements.Saliva samples will be tested.Participants will also be surveyed about their experiences while walking.Through this study, the researchers hope to determine safer ways of walking for senior adults.

Published on: June 27, 2011

Atlanta Drunk Driving Accident Risks Exist Even When Motorist Is Driving with Minute Traces of Alcohol

by Robert N. Katz, Esq.

Very often motorists involved in car accidents believe their ability to drive was unaffected because they had had just a couple of drinks. Unfortunately, their belief is incorrect and dangerous. A new study confirms the reason why so many serious accidents occur even when motorists are driving with a blood alcohol level below the .08% limit.

According to the study, a person may be at risk of causing auto accidents with serious injuries even when he’s driving with barely traceable alcohol levels in his blood.The researchers analyzed accident data involving 1.5 million people.The researchers focused on those accidents involving the most serious injuries, and compared them to those accidents in which the injuries were relatively minor.

They found that accidents, in which the person was driving even with a .01% concentration of alcohol in his blood, were more likely to end in seriously injurious accidents than those accidents involving sober motorists.Specifically, accidents seemed to be at least 36.6% more severe when one of the motorists was driving under the influence of barely traceable levels of alcohol.In comparison, accidents were much less injurious, when the persons involved were not driving under the influence of alcohol in their system.This indicates that even a single alcoholic beverage can be sufficient to impair a person seriously enough to cause an accident that ends with serious injuries.Atlanta drunk driving accident attorneys have observed these issues for years, but it’s good to have a study to confirm our experience.

Published on: June 26, 2011

Drugged Driving Linked to 25% of Wrongful Death Accidents

by Robert N. Katz, Esq.

Yet another study indicates increased car accident risks when people are driving under the influence of drugs.A new study that has just been published in the Journal of Studies on Alcohol and Drugs has found that a quarter of about 44,000 American drivers, who were involved in fatal accidents between 1998 and 2009, had drugs in their system at the time of the accident.

The researchers analyzed data from the Fatality Analysis Reporting System.They found that in approximately a quarter of the fatal accidents during this period of time, the motorist tested positive for drugs, while 37% had blood-alcohol levels greater than the .08% legally allowed limit.The most common drugs that were involved in fatal accidents were amphetamines, marijuana and cocaine. One of the first thing Car accident attorneys look for in any wrongful death accident is the involvement of drugs or alcohol.

Certain drugs seem to be linked to certain kinds of reckless driving practices.For instance, stimulants were linked to most wrongful death accidents, especially those that involve speeding, inattention, and failure to obey traffic laws.Stimulants were also linked to accidents in which occupants were not wearing seat belts.On the other hand, marijuana was most often linked to failure to wear seatbelts, and driving at excessive speeds.

Published on: June 21, 2011

Table Saw Injuries in Atlanta are Preventable making Product Liability Claims more likely

by Robert N. Katz, Esq.

Thousands of persons are injured every year in table saw accidents, many of them occurring in Georgia.These horrific injuries include amputations and involve not just woodworkers and other workers, but also DIY fans.Personal injury attorneysand Workers’ Compensation lawyers have been regularly pointing out that the technology to prevent these accidents not only exists, but has also been widely proven to prevent amputations and other injuries from table saw accidents.However, the technology has been widely resisted by the manufacturer lobby.That might soon change.

Last week, the National Consumers League accompanied by injured workers traveled to Washington to meet with representatives of the Consumer Product Safety Commission.Also attending were manufacturers of table saws who took the opportunity to demonstrate the latest guarding technology that they have developed to prevent table saw-related injuries.Unfortunately, the guarding technology that these manufacturers have developed is cumbersome to use and not very popular.

The technology that can actually prevent these injuries however has been developed by an inventor called Steven Gass.The technology, SawStop works by using electrical sensors to detect a human finger.When a finger is detected, the blade comes to a stop within a few one thousandths of a second.The technology promises to virtually eliminate fingertip amputations from table saw-accidents, but the manufacturer lobby believes that mandating SawStop on all tools, would give its maker a monopoly.