Georgia Injury Law Blog

Published on: July 29, 2011

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

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!

Published on: July 27, 2011

Georgia Mother at Trial after Son Killed by Drunk Driver

by Robert N. Katz, Esq.

Auto accident attorneys in know car accidents often have far-reaching effects that extend far beyond the reach of initial injuries. Sometimes, the dust never really settles. This will never end for me,” said a recent auto accident victim. The 30-year-old Georgia woman had been convicted of second degree vehicular homicide, reckless conduct and failure to use a crosswalk one year after her four-year-old son was struck and killed by a motorist as he crossed the street. The kicker? She could have actually served a longer sentence than the hit-and-run driver.

The family had been using public transportation to shop all day and the bus had just dropped the family off at the bus stop. The nearest crosswalk was half a mile away, it was getting dark, and the mother made a decision that would forever alter her life. She and her three children were hurrying across the four-lane highway, when a driver plowed through the family in his van.

The driver, who had previously been convicted of two separate hit-and-run incidents, was also blind in one eye and confessed to consuming alcohol and painkillers on the day of the April 2010 incident. He has already completed his six month sentence and is now serving five years probation, reports the New York Daily News. The mother, who has not yet had a chance to grieve her loss or heal from her own wounds, faced up to three years in prison and the additional loss of her two surviving daughters, prior to a July 26 sentencing that assigned her one year’s probation or gave her the option of a new trial. She chose a new trial.

Published on: July 25, 2011

New Traffic Signal Implemented in Response to Increased Car Accidents

by Robert N. Katz, Esq.

More streets across the country will soon be privy to a new style of traffic signal. Drivers in Michigan, Nevada, and various parts of California and Ohio are already flooding Internet search engines with variations of one question, “What does new flashing yellow arrow mean?” The new variation on the left turn signal, which originated in Reno, Nevada, means that left turns are permitted as long as drivers yield to oncoming traffic and pedestrians. The hope, and apparently the impact, is to decrease the number of auto accidents at intersections thereby greatly reducing the number of injuries.

The traditional steady yellow arrow and the green arrow retain their original meanings. The yellow continues to indicate that motorists should be prepared to stop or complete their turns if already in the intersection. The green arrow, of course, gives turning motorists the right of way.

The change comes as regulators explored methods to promote safety and efficiency – and decrease the number of car accidents that happen as a result of the current signal system. USA Today reports that in Kentucky there has already been about a 30% reduction in left-turn collisions, although some deem it’s early to thoroughly evaluate success. Undoubtedly, the new signal may help address what some call the “yellow trap condition.” Personal injury lawyers have known about this trap for years. The trap occurs whenthe driver waiting to turn left is lead into the intersection when it may actually be unsafe to do so. During the signal change from "permissive" movements in both directions to a "protected" movement in one direction, a yellow trap occurs when the left-turning driver’s permissive left-turn is ending. It is said that the flashing yellow arrow eliminates the yellow trap without requiring louvers (slats over the light that prevent it from being seen until the driver is close to the first signal in the set) or other visibility-limiting devices.

Published on: July 22, 2011

Sharon Stone Ordered to Pay Compensation to Worker Injured in Slip and Fall Accident

by Robert N. Katz, Esq.

Slip and fall accidents are some of the most common ways in which persons may be injured on someone else’s property.A jury in California has decided that actress Sharon Stone must pay compensation to a worker, who was seriously injured in a slip and fall accident on her premises in 2006.

The accident allegedly occurred when the worker was performing some work in the star’s California home.He was doing some wiring work in the yard, and at some point, he slipped and fell down a 12-foot slope.Just before he fell, he tried to hold on to a lattice nearby, but the screen collapsed under his weight, and he fell straight down.He suffered serious knee injuries, and as a result of these injuries, was unable to return to his former job and income levels.

Two years later, he filed a premises liability lawsuit alleging negligence against Sharon Stone.The lawsuit alleged that there had been only a lattice to break his fall, and that he had not been warned about the drop off.Stone denied those allegations, claiming that there never has been lattice on the property, and that she had always had a chain-link fence going around her yard.The actress even testified in a courtroom, and presented pictures of the chain-link fence as evidence.

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

by Robert N. Katz, Esq.

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.

Published on: July 18, 2011

Frequent Occurrences of Wrong-Site Surgery have Implications for the Medical Field

by Robert N. Katz, Esq.

It’s every patient’s nightmare – being admitted to a hospital for routine surgery and wading through a drug-induced fog hours later only to find that doctor’s have operated on the wrong site.Patients, who only wanted a good outcome, are left to figure out how to deal with their unexpected injuries and with a medical malpractice claim they never expected to have to pursue. Apparently, wrong-site surgeries have become a reality for some patients, occurring more often than previously thought. According to the Joint Commission, "National rates of wrong-site surgeries-which include wrong procedure, wrong side and wrong patient-can reach as high as 40 incidences a week." Medical malpractice attorneys agree that the culprit, as is usually the case in institutional settings, is a lack of communication.

The operating room becomes a hum of noise; from the incessant sound of machines to the voices of nurses and doctors battling time and sometimes even each other. The Las Vegas Review-Journal cites issues with pre-operation prep (such as unapproved abbreviations on charts and illegible handwriting) and scheduling processes as added distractions. In light of this, it’s easy to see how some details, such as the purpose of the operation, could get lost in translation. When this occurs, patient safety is put at risk and hospitals, doctors and nurses expose themselves to significant liability for medical malpractice.

Hospitals are exploring various ways to combat wrong-site surgeries, however, and one of the most popular tactics seems to be the institution of a “time out” of sorts – calling for all key participants in the OR to take a step back and assess their plan. This program, designed by the Joint Commission Center for Transforming Health Care and instituted in 2003, works by essentially creating a script for staff to follow, says the Review-Journal. Throughout the course of this “Universal Protocol” script, doctors are required to 1.) Complete a pre-operative verification. 2.) Marking of the operative site and 3.) A time out immediately before starting the procedure.

Published on: July 17, 2011

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

by Robert N. Katz, Esq.

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.