Georgia Injury Law Blog

Published on: April 15, 2011

Car Accidents, Truck Accidents and Motorcycle Accidents at All-Time Low

Federal transportation safety agencies recorded a 3% drop in auto accident, truck accident, and motorcycle accident wrongful deaths in 2010.Southern states including Georgia, South Carolina, Alabama, Tennessee and Florida also recorded a 3% drop in accident deaths last year.Last year’s figures are the lowest accident death rates on record since 1949. As an Atlanta Injury lawyer, I welcome the latest report of the decline in these numbers.

The Georgia/South Carolina/Alabama/Tennessee/Florida region recorded 6,375 car accident deaths in 2010, a drop of 3% from 2009, when there were 6,573 accident deaths.Overall, nationwide, there were 32, 788 auto accident, truck accident and motorcycle accident deaths in 2010, a decline of 3% from 33,808 fatalities in 2009.Moreover, the decline in car accident deaths was the lowest on record since 1949.Last year accident deaths also marked a 25% drop since 2005.

The statistics also seem to put to rest the theory that the decline in car accident fatalities has had a lot to do with the recession.Last year, Americans traveled more vehicle miles, but fewer Americans died in accidents.There are other reasons that have contribute to this decline that have been evident for the past few years.Higher seat belt usage rate is typically one of those factors.More drivers in Georgia now buckle up than ever before and this has meant fewer fatalities in accidents.

Published on: April 13, 2011

IIHS Study Analyzes Use of Technology to Prevent Atlanta Pedestrian Accidents

by Robert N. Katz, Esq.

The Insurance Institute for Highway Safety has come out with a new study that promotes traffic safety initiatives of the kind Atlanta pedestrian accident attorneys have been advocating for too -the use of technology to prevent pedestrian accidents. As an Atlanta injury lawyer, I have seen a significant number of car accidents involving pedestrians. These auto accidents often involve serious personal injuries and many times result in the wrongful death of the pedestrian. Any technology that decreases the number of pedestrian accidents is a welcome innovation.

The Insurance Institute has studied technologies that can help prevent these accidents, and for this, it has analyzed the most common kinds of pedestrian accident scenarios.Between 2005 and 2009, 224,000 pedestrians were involved in front-impact accidents involving single passenger vehicles.Out of these 13,193 pedestrians were killed.

According to the Insurance Institute, the most common kinds of pedestrian accident scenarios involve a person crossing the road, and a car traveling straight ahead towards the pedestrian.In these cases, the motorist has a clear view of the pedestrian, but is unable to stop in time.The Insurance Institute study is promoting the use of forward collision warning systems, including pedestrian technology, to prevent these accidents.Forward collision warning systems have been very popular for some time now.These systems allow the driver to detect an object that is in the path of the car, thereby encouraging him to apply the brakes, and prevent an accident.Some of these systems now come with pedestrian detection technology that enables the driver to detect not only an object, but also a pedestrian in the car’s path.

Published on: April 12, 2011

NTSB Calls for Use of Technology to Prevent Bus Accidents

by Robert N. Katz, Esq.

Since the Bluffton University bus accident in Atlanta in 2007, Atlanta bus accident attorneys have been calling for greater use of technology to prevent bus accidents and reduce the severity of injuries.It certainly looks like we have been on the right track all along.The National Transportation Safety Board this week said that although technology that could prevent bus accidents exists, federal regulators have failed to act to implement their use. As an Atlanta injury lawyer, I applaud the NTSB’s criticism of federal regulators.

The National Transportation Safety Board comments came as Atlanta bus accident lawyers and bus safety advocates from around the country have been increasing calls for stronger bus safety regulations by the federal legislation.Those calls came in the aftermath of a deadly bus accident in New York in March that resulted in the wrongful death of 15 people.The bus, a low-budget carrier transferring passengers to a casino in Connecticut, was on its way back to Chinatown, when it skidded, flipped over, and crashed into a sign pole.The impact sliced the bus into two, killing 14 passengers almost immediately, while the last passenger died in the hospital a few days later.

This week, the National Transportation Safety Board Chairman Deborah Hersmann had stinging criticism for the bus industry, which that has lagged behind in providing safety to its passengers.Deriding the state of American bus safety, Hersmann said that her minivan came with more advanced safety features than most buses on American roads.

Published on: April 11, 2011

New Bird Study Could Provide Slip and Fall Accident Prevention Solutions

by Robert N. Katz, Esq.

A new study that has been published in the Journal of Experimental Biology, may have avian subjects, but could provide Atlanta slip and fall accident lawyers answers to preventing of these accidents among human beings. As an Atlanta injury lawyer, I have seen the devastating personal injuries caused by slip and fall accidents. Any study that can help us to understand how to avoid injuries from these accidents is always appreciated.

It is often challenging to conduct studies into the prevention of accidents in human beings, because you can’t recruit human subjects to test in real-life situations.So the researchers used birds, specifically guinea fowl, as subjects, and studied the birds as they ran confidently across the track.The researchers created a 6 m track.Some parts of the track were covered with sand paper, while the others were covered with a slippery polypropylene lining.The birds, large guinea fowl, with a small head and the round body, were chosen, because they specifically prefer to walk rather than fly.

Some of the birds, the researchers noticed, were able to navigate the track easily.Even on the slippery surface, they slipped a little, but were able to regain their balance.Others slipped several times, and fell.The researchers studied the differences between the birds that were able to maintain their balance, and those that fell.They found that the birds that were able to maintain their balance while walking on the slippery patch, usually walked across the patch in a very upright position with their feet and the body.The birds that fell, typically took bigger steps out in front of their bodies.

Published on: April 10, 2011

Car Accident Prone intersection is Finally Revised

by Robert N. Katz, Esq.

For years now, the intersection of Newnan Road and Olympic Dr. in Carroll County Georgia has been one of the most dangerous intersections in the state.For the past five years alone, this intersection has been the scene of more than 50 auto accidents.These accidents have resulted in one wrongful death and at least 15 other personal injuries.Finally, construction work to enhance safety at the intersection and make it safer, has begun. As an Atlanta injury lawyer, although we are glad to see the intersection improved, we are disappointed that it took over 50 car accidents for the work to finally begin.

The Carroll County Board of Commissioners had voted back in November to move forward with a construction project that would allow for a smoother flow of traffic around what is normally a very busy intersection.This would not only facilitate easy movement of traffic, but also reduce the number of accidents that occur at this intersection.However, work was delayed because of power and utility companies that had to move lines from the area.Last week, AT&T completed the process of moving its cable lines, and now, construction work can finally go ahead.

Making this intersection safer for all residents of Carroll County has been a challenge.There have been several efforts made to calm traffic in this area, and reduce the risk of accidents.However, many of these initiatives had been shot down by transportation authorities.The Georgia Department of Transportation, for instance, rejected calls for a traffic light and a roundabout at the intersection amid concerns about traffic backup and other issues.

Published on: April 9, 2011

Workers Compensation Claim arises out of Serious Burns in Hall County Electrical Accident

by Robert N. Katz, Esq.

A worker at a wastewater treatment plant in Hall County has suffered serious burn injuries in an electrical accident this week.This type of accident generally results in a complex workers compensation claim. The workers compensation insurance company often launches an immediate investigation to determine if there is any basis to deny the claim. The insurance company will then work hard to direct the person’s care to limit their financial exposure in the matter. As Atlanta workers compensation attorneys are well aware, it is important for workers injured in severe accidents to obtain counsel as soon as reasonably possible.

Also, this type of accident often results in a personal injury claim against a third party. For instance, the injuries may have resulted from a defective product or the negligence of a third party who previously worked on the device. Accordingly, a worker should make certain that the incident is thoroughly investigated for any potential third party personal injury claim.

The man, an electrician, was apparently the employee of a subcontractor, and was working at the County- owned Spout Springs Water Reclamation Facility when the electrical panel he was working on, exploded.The man suffered serious burn injuries, and was rushed to the Grady Memorial Hospital, one of the premier burn treatment facilities in the country.

Published on: April 8, 2011

Motorcyclists in Atlanta and throughout Georgia at Risk from Car Accidents

by Robert N. Katz, Esq.

Most motorcycle accidents occur in the daytime and at intersections, and can usually be linked to motorist failure to see the motorcyclist in time.As an Atlanta injury lawyer, I find that some of the most serious and debilitating injuries arise out of motorcycle accidents. A motorcyclist is far more likely to be injured in an auto accident than a passenger in a car. As the year’s biking season kicks off, Georgia motorcycle accident attorneys would advise motorists to exercise extra caution.

Georgia’s motorcyclists will enjoy the warm spring weather, after what has been at times, a horribly cruel winter.The weather being as pleasant as it is, motorists can expect not just local Georgia motorcyclists, but also motorcyclists from neighboring states on their way to southern destinations.However, with the increase in motorcyclists, comes an increased risk of accidents.Biking season is the right time to remind drivers that most motorcycle accidents are caused by motorists and drivers of other vehicles, and not motorcyclists.

In Georgia at least, we have noticed a trend of blaming motorcyclists every time there’s an accident involving these riders.Most people are quick to assume that it’s motorcyclists who disobey traffic laws, ride too fast, and try stunts on the motorcycle.Nothing could be further from the truth.Most motorcyclists are aware that any foolish behavior can have devastating consequences for them, and not so much for the occupants of the other vehicle involved in the crash.

Published on: April 8, 2011

Hundred-Year Anniversary of Factory Accident That Led to Workers’ Compensation Reform

by Robert N. Katz, Esq.

Last month, Atlanta workers compensation lawyers marked the 100th anniversary of the deadly Triangle Shirtwaist factory fire that killed 146 workers, and sparked a public outcry, ultimately resulting in Workers’ Compensation reform and more rights for workers. Injuries to workers was very common in this time period. However, it took a workplace tragedy to spur reform.

The accident occurred on March 25, 1911, as workers, mainly tailors and seamstresses, at the factory were about to head home for the day.Many of them never made it out.The building was already on fire, and most of the women, mainly young immigrants, were trapped inside the building.

Shockingly, the doors had been locked, and many of the victims died trying to force them open.Some had no choice, but to jump out of the windows.The horrors inside the building were only matched by the incompetence outside.Firefighters rushed to the scene, but quickly found that their hoses would reach only the sixth floor of the Asch Building, which housed the factory on the 8^th, 9^th and 10^th floors.Firefighters were left with no other choice, but to form human chains to reach the higher floors, and use nets to catch those who desperately jumped out the windows.Most of these efforts were unsuccessful.After the tragedy, the factory owners were indicted for manslaughter, but were soon acquitted.

Published on: April 1, 2011

No Injuries Reported in Atlanta area Nursing Home Roof Collapse

by Robert N. Katz, Esq.

More than 100 residents of a nursing home in Gwinnett County, Georgia were moved to another facility last week, after the roof of their nursing home collapsed.Fortunately, the 109 residents did not suffer injuries during the collapse. As an Atlanta injury lawyer, I have seen a number of roof collapses that did not turn out nearly as well. When it comes to nursing homes, we are generally more focused on nursing home abuse issues.

According to news reports, the collapse occurred around 10 AM on Thursday at the Golden Living Center at 213 Scenic Highway in Lawrenceville.According to facility staff, workers were in the process of replacing the entire roof of the building when the collapse occurred.Apparently, the workers were engaged in removing and replacing roofing materials at the time of the collapse.The collapse occurred in the dining area of the facility.

Fortunately, none of the residents were in the dining area during the collapse.However, there could have been serious injuries if the collapse had occurred later in the day.Just a short while after the collapse, the residents were scheduled to spend some time in the dining area.The residents have now been shifted to other living facilities.

Published on: March 31, 2011

DOJ Report on Punitive Damages Awards in 2005

by Robert N. Katz, Esq.

In any trial involving intentional misconduct or in which a defendant has consciously disregarded the consequences of his or her conduct, Atlanta personal injury lawyers will ask juries to award compensatory damages and punitive damages to the plaintiff.Cases involving punitive damages include drunk driving car accidents, construction accidents in which the worker was using drugs, trucking accidents in which the truck company negligently hired or retained a clearly unqualified driver, dog bite cases in which the dog has repeatedly bitten other persons, or other injury cases in which the defendant’s conduct is more than just negligent. As an Atlanta injury lawyer, we thoroughly investigate all cases to determine if the case is appropriate for an award of punitive damages.

Compensatory damages are meant to do just that-compensate the plaintiff for all his economic and non-economic losses as a result of the defendant’s negligence.These losses could include medical expenses (hospitalization, medical bills, doctor fees, surgeries, physical therapy and rehabilitation), plus income and lost potential income in the future.Non-economic losses could include the plaintiff’s physical pain and mental suffering and loss of consortium/affection.However, punitive damages are awarded not to compensate the plaintiff, but to punish the defendant and to deter him from committing such conduct in the future.

A new report by the US Department of Justice Office of Justice titled Punitive Damage Awards in State Courts 2005 provides an interesting summary of punitive damages awards that year. In the year 2005, there were 22 tort and contract trials in Fulton County, Georgia, which resulted in plaintiff victories.Out of these, 9% resulted in punitive damages being awarded to the plaintiff.Across the country, that same year, punitive damages were awarded in 14,359 trials that ended with plaintiff victories.