Georgia Injury Law Blog

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries during Motorcycle accidents from Defective Motorcycle Helmets

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.

Published on: May 28, 2011

MARTA Bus Driver in Dragging Accident Incident Has History of Bus Accidents

by Robert N. Katz, Esq.

The MARTA driver, who was operating the bus involved in a dragging accident that left a 62-year-old woman seriously injured, has been involved in bus accidents earlier.The woman, Belinda McMillian has been fired since the accident, but records suggest that she had a history of bad behavior on the job. As an Atlanta personal injury attorney, I have too often seen companies fail to rid themselves of problem drivers.

According to her personnel file which runs into 420 pages, she once crashed her bus into a parked car, causing the car to hit another vehicle.In another incident, her bus clipped the mirror of another parked vehicle.Her personnel report also shows plenty of complaints from passengers about her abusive nature.

However last Sunday, McMillian outdid herself.The 62-year-old passenger, who uses a walker, had just gotten off the bus and turned around when she realized that she had left her purse on the bus.Her arm got caught in the closing doors of the bus.What happened next was a nightmare for the woman.McMillian continued to operate the bus, driving on, while dragging the elderly woman alongside the bus.The woman was dragged more than 60 feet, before witnesses got McMillian to stop the bus.When the bus stopped, McMillian opened the door at which point the lady fell on the road.Not bothering to check on the lady, McMillian simply drove off from the scene.

Published on: May 27, 2011

Survey Finds Americans Want More Traffic Safety Laws to Prevent Car Accidents

by Robert N. Katz, Esq.

A new survey by the AAA Foundation for Traffic Safety indicates that Americans would rather have more government interference in matters of traffic safety to prevent auto accidents, truck accidents and motorcycle accidents. Of course, these accidents often result in serious personal injuries and wrongful deaths. According to the survey, 62% of Americans want more traffic safety laws to reduce poor driving behaviors and minimize accident risks.What’s more, 57% of respondents wanted their individual states to get more involved in making the roads safer.This is an indication to Atlanta car accident attorneys that there is plenty of support for recent moves in Georgia to enact mandatory seatbelt laws for all, and ban texting while driving for all motorists.

According to the survey, 70% of Americans feel that traffic safety laws should be strictly enforced.There’s a lesson here for Atlanta and throughout Georgia which has recently banned texting while driving – laws can be meaningless unless these are enforced and violators penalized sufficiently.

Additionally, the survey also indicates that there is plenty of support for tough teen driver licensing standards.86% of the respondents believe that new drivers should be required to complete a driver’s education course before they are allowed a driver’s license.American motorists also want to see automakers invest in technologies that will help prevent accidents and keep motorists safe.60% of the respondents wanted automakers to do more to make their vehicles safer.

Published on: May 26, 2011

New Georgia Law Designed to reduce the number of Bicycle Accidents and Motorcycle Accidents

by Robert N. Katz, Esq.

With increasing gas prices and unrelenting traffic congestion plaguing the state, many Georgians are finding it’s more economically savvy (and healthy, besides) to travel by bicycle or motorcycle in lieu of automobile. Unfortunately, this trend towards cycling is also resulting in an increased number of accidents involving cyclists and their impatient motorist counterparts. In fact, according to the Georgia Office of Highway Safety, in 2008, 12 percent of the people killed in motor vehicle crashes in Georgia were motorcycle drivers — the highest motorcycle fatality count within 15 years. As an Atlanta injury lawyer, I know that this number is only the tip of the iceberg since a significant number of serious injuries result from motorcycle accidents every year.

This is a growing problem in Georgia, where in 2008 motorcycle driver deaths has increased by 59 percent since 2004. As a remedy, Governor Nathan Deal signed into law last week a bill aimed to protect them, while simultaneously granting respite to sympathetic drivers who nevertheless feel a modicum of nervousness when inching by a motorcycle or bicycle.

House Bill 101 requires drivers to give cyclists at least 3 feet of space. Before last week, motorists had only to maintain an arguably ambiguous “safe distance” when passing. Now, those same motorists will have to actually cross the yellow line to comply with the law.

Published on: May 24, 2011

Legislation To Increase Truck Parking Facilities To Prevent Truck Accidents which often result in wrongful deaths and serious injuries

by Robert N. Katz, Esq.

A piece of legislation that would substantially enhance the current network of truck stop facilities and rest areas for truck drivers, reducing the risk of fatigue-related accidents has been reintroduced in Congress. Truck accidents often result in the wrongful death of motorists or cause extremely serious injuries. The bill is widely supported by Atlanta truck accident attorneys, who believe that it would help reduce the severity of a major problem that currently faces American trucking – truck driver fatigue. Its promoters hope that Jason’s Law will be quickly approved, providing for safer rest and parking facilities for truckers nationwide.

While truck drivers are limited by the number of hours that they can spend consecutively behind the wheel, the lack of enough numbers of convenient resting and parking areas means that drivers are often forced to continue to drive even beyond their maximum work hour limits.Besides, the establishment of safe truck stops and rest areas would also keep truck drivers safe from assaults, burglaries and other crimes.

Jason’s Law is named after Jason Rivenburg, a truck driver who was killed during an assault at an abandoned gas station in South Carolina.Rivenburg was early for a delivery and parked his tractor-trailer at the gas station. After his death, his widow Hope lobbied for passage of legislation that would dramatically increase truck driver access to safe resting and parking facilities.

Published on: May 14, 2011

Increase in Cost of Dog bite Claims due To Higher Dog Bite Lawsuit Verdicts

by Robert N. Katz, Esq.

New information by the Insurance Information Institute suggests that there has been an increase in the cost of dog bite claims over the past year.The average dog bite claim cost insurers about 5% more in 2010 compared to 2009. Dog bites often result in extremely serious personal injuries. Our office has handled a significant number of dog bite cases in the last 20 years. The injuries from these matters appear to be becoming more and more severe. This may be as a result of more individuals owning dogs for protection or certain breeds that are more likely to attack persons. As an Atlanta injury lawyer, I strongly support the need for obedience training for dogs when they are puppies. I believe this would greatly reduce the number of overall attacks.

The analysis of homeowners’ insurance data by the Insurance Information Institute found that the average cost of dog bite claims in the United States in 2010 was $26,166.That’s an increase of 5.3% from $24,840 in 2009. The cost of dog bite claims increased a staggering 37% between 2003 and 2010.

There was a drop in the number of dog bite claims being filed.These dropped 4.9% from 16,586 claims in 2009 to 15,770 claims in 2010.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.

Published on: May 9, 2011

Feds Release New Bus Safety Rules to Prevent Accidents

by Robert N. Katz, Esq.

A series of fatal and serious bus accidents recently have resulted in new proposals to enhance bus safety for American passengers, and prevent serious accidents.The Federal Motor Carrier Safety Administration, this week announced a new set of proposals to minimize the risk of bus crashes. As an Atlanta injury lawyer, I only hope that the proposed regulations are enacted. The regulations then need to be monitored over time and strengthened where necessary. Bus accidents are far more serious than car accidents, motorcycle accidents, pedestrian accidents and many truck accidents due to the number of persons who have the potential of suffering personal injuries.

There have been several bus accidents over the past two years that have indicated the need for new safety regulations that can help deal with some of the serious bus safety issues that we currently face. The new proposals aim to do that.For instance, one of the issues that have bothered Atlanta bus accident attorneys has been the fact that bus companies find it too easy to reappear under a new name and address after one of their vehicles has been involved in a fatal accident.The new rule would create a federal standard that would help determine whether a carrier used to exist under a different name earlier.This would close current loopholes that allow carriers to resurface a few months after a serious accident, under a new name.

The new proposals also make it tougher for commercial drivers to get their licenses.Under the proposals, a driver would need to have a commercial driver’s learner’s permit before he can receive his commercial driver’s license.Besides, the federal agency wants to establish a uniform CDL testing standard across the country.

Published on: May 7, 2011

More Atlanta Truck Drivers Buckle up To Prevent Injuries in Truck Accidents

by Robert N. Katz, Esq.

Seatbelts save lives, and as new estimates indicate, the number of commercial truck drivers choosing to buckle up to prevent serious injuries or deaths in truck accidents, has increased.According to a study by the Federal Motor Carrier Safety Administration, the number of commercial truck drivers wearing seat belts has increased substantially in 2010.As an Atlanta injury lawyer, I have represented a number of truck drivers involved in accidents with other truck drivers. I have consistently found that the truck drivers who have been in their seatbelts sustained far less serious injuries than the truckers who were not wearing seatbelts.

Seatbelt usage among commercial truck drivers increased to 78% in 2010 from 74% the previous year.That is the fourth consecutive annual increase in seat belt usage in this section of the population.According to the Federal Motor Carrier Safety Administration, approximately 80% of commercial truck drivers in states that have primary seat belt laws wore seatbelts.However, in states which do not have primary seat belt laws, the seat belt usage rate among commercial truck drivers dropped to only 72%.

The FMCSA is also reporting an increase in seat belt usage rates among both commercial truck and bus drivers in 2010.Those rates were 78% in 2010, compared to just 65% in 2007.

Published on: May 6, 2011

Death in Cobb County, Georgia Car Accident Traced to Red Light Violations

by Robert N. Katz, Esq.

The parents of a young Cobb County woman, who was killed in a car accident two weeks ago, are calling for stronger charges against the motorist involved.Cobb County police are blaming the accident on red light violations. Car accidents involving wrongful deaths often involve a red light violation. Of course, auto accidents of this type also result in significant personal injuries since persons trying to “beat” the red light are often traveling at a high rate of speed. As an Atlanta injury lawyer, I know these cases are occur far too often.

The young woman had been driving a Toyota Safari, which was struck by an Infiniti.The woman had a green light at an intersection, when the Infiniti driver ran a red light and broadsided the Toyota.The Toyota driver suffered serious injuries, and was rushed to the hospital.However, she died two days later.

The Infiniti driver now faces misdemeanor charges.However, the parents of the young woman want felony vehicular homicide charges to be brought against the man.Vehicular homicide charges can only brought in cases where the motorist was driving under the influence, was driving at excessive speeds or was on the run from police.This particular accident doesn’t seem to meet any of those criteria, and therefore, it isn’t very likely that felony charges will be filed here.