Georgia Injury Law Blog

Published on: March 23, 2011

US DOT, Consumer Reports Announce Campaign to Prevent Teen Auto Accidents

According to Consumer Reports, teenagers are dying and suffering serious injuries every year because of car accidents caused by texting and using cell phones while driving.The safety advocacy group along with the US Department of Transportation have announced a new campaign aimed at minimizing the incidence of distracted driving among teen motorists. As an Atlanta injury lawyer, I very much applaud their efforts. Car accidents are one of the leading causes of deaths and injury among teenagers. Simply put, too many families have been devastated by these car accidents.

According to a study conducted by researchers at the University of Utah, the average reaction time for a teenage motorist driving and talking on a cell phone was equal to that of a 70-year-old driver not using a phone while driving.There are numerous other studies that have clearly laid out the significantly increased accident risks that come when motorists are using cell phones while driving.For instance, a study by the Virginia Tech Transportation Institute found that texting while driving could increase a motorist’s risk of an accident by a staggering 23 times.

According to the same study, physically dialing a phone while driving increases the risk of an accident by as much as six times.In 2009, approximately 16% of all fatal accidents were caused by distracted driving.At least one in five of those deaths involved the use of cell phones or texting while driving.

Published on: March 21, 2011

Road Debris on Atlanta Highways Contributes to Auto Accidents

by Robert N. Katz, Esq.

Apart from DUI drivers and distracted motorists, Atlanta drivers face other equally dangerous risks from silent killers – road debris that has fallen off from pickup trucks, flatbed trucks and tractor trailers. Such debris regularly cause car accidents on Atlanta roads. If you are an Atlanta injury lawyer, you have seen the impact of this debris first hand in the auto accident cases which come through your office.

The number of people being killed every year in accidents caused by road debris is a matter of debate, and accidents don’t result every time objects fall off a truck or any other vehicle.However, when such debris takes motorists unawares causing them to brake suddenly, the results can be devastating.Besides, accidents can also be caused when the object flies directly into vehicles behind or around the car, crashing through windshields and injuring or killing occupants inside.

Last December, one person in Atlanta sustained serious injuries in an accident that was traced to road debris.In that accident, the woman had been driving on a highway when some debris, including tools and clamps, fell off a truck and onto the highway.Most of the cars that were behind the truck were able to avoid the debris, but the woman wasn’t as fortunate.A piece of equipment that had fallen off the truck crashed through the windshield of her car, and struck the driver in the head and face.She sustained serious injuries.

Published on: March 20, 2011

Untested Car Safety Seats Could Cause Injuries in Atlanta Car Accidents

by Robert N. Katz, Esq.

The role of car safety seats in preventing injuries to children in an auto accident is one that no Atlanta injury lawyer would deny.According to the National Highway Traffic Safety Administration, between 1988 and 1994, the use of car seats led to a 73% drop in infant wrongful deaths and a 54% drop in car accident related injuries in children between the age of one and four.However, not all car safety seats may have been tested and approved to be safe for your child.

The Washington Post warns parents against assuming that the car seat that they’re using for their child will protect them from injuries in the event of an accident.The seats that the National Highway Traffic Safety Administration regulates are only tested for protection in a front impact collision.The seats are not regulated against side-impact, rear end or rollover accidents.This is in spite of the fact that the risk of injuries and fatalities is often much higher in a rollover accident or a side-impact accident than a front impact collision.

One of the reasons why the federal agency has failed to regulate the effectiveness of car seats in these kinds of accidents is the lack of proper-sized crash test dummies.That is also the reason why the agency has failed to regulate the safety of large-sized car seats that are used for toddlers above 65 pounds.There’s a growing class of overweight children who are too heavy for infant car seats, and too young for seat belts.Car seat manufacturers have been marketing larger-sized car seats for children of this size, but the NHTSA has failed to regulate the effectiveness of these seats.One of the reasons has been the failure to develop a crash test dummy of an appropriate size.

Published on: March 11, 2011

Heavier Atlanta Trucks Are an Accident Risk

by Robert N. Katz, Esq.

If a new bill that has been introduced in Congress is approved, states like Georgia would be allowed to increase truck weight limits on our interstates to boost trucking productivity and efficiency. As an Atlanta injury lawyer, I strongly oppose this legislation. Any move like this would increase the risks of serious truck accidents and catastrophic injuries and death when passenger vehicles are involved in accidents with much heavier trucks.

The bill, called the Safe and Efficient Transportation Act has been reintroduced by Republican lawmakers from Maine and Ohio.It would allow states to adjust the weight limits on commercial trucks on interstates within their borders. The increase in weight limits could be as much as 97,000 pounds from the current 80,000 pounds.The current weight limits have stayed the same since 1982, and trucking safety groups and Atlanta truck accident attorneys oppose any increase in the weight limits on our interstates.

Most of the arguments in favor of increased weight limits on commercial trucks have to do with profits for the trucking industry.The industry believes it could save billions of dollars every year, if trucking companies were allowed to use up every inch of free space in their trailers.Trucking companies talk about reduced fuel consumption, and even bring up lower accident risks from fewer trucks needed to transport the same amount of cargo.

Published on: March 11, 2011

IIHS Advocates Stronger Under Ride Guards for Tractor-Trailers to Prevent car accidents and injuries

by Robert N. Katz, Esq.

As an Atlanta injury lawyer, I often find that the kind of damage that results from a rear end truck accident involving a tractor trailer and a car leaves little chance for survival. The Institute Insurance for Highway Safety is now calling on the federal administration to require stronger under ride guards for tractor-trailers and 18-wheelers, to prevent the serious injuries that result from auto accidents in which a car rear-ends these large commercial trucks. I strongly support the move towards improving under ride guards.

Under ride guards hang low at the back of a tractor-trailer, and are designed to protect occupants of a passenger vehicle in case of a rear end accident.When a small passenger vehicle crashes into the back of a tractor-trailer, the bumper and front of the car can slide under the trailer.The under ride guard is supposed to prevent this.However, the Institute Insurance for Highway Safety has found in a study that in low-speed rear-ender accidents involving a tractor-trailer and cars, the under ride guard failed to prevent catastrophic injuries.

The Insurance Institute relied on an analysis of 1,000 accidents between 2001 and 2003.There were 113 accidents that involved passenger vehicles crashing into the back of a tractor-trailer.Out of these, 73% resulted in the passenger vehicle sliding under the tractor-trailer.28 of these accidents were fatal, and out of these, 23 accidents involved those in which the entire front portion of the passenger vehicle slid completely under the trailer.

Published on: March 10, 2011

Spotlight on Burn Injury Risks from Defective Car Seat Heaters

by Robert N. Katz, Esq.

During some of the freezing winter days that Atlanta personal injury lawyers and residents suffered over the past few months, cars with seat heaters seemed akin to a blessing from above.However, there are serious burn injury risks linked to the car seat heaters found in many popular auto models.The burn injury risk is especially significant for the disabled and physically challenged persons. Car accidents may happen, but this is a preventable injury.

In fact, just about every other auto manufacturer has, at some point, recalled car seat heaters for malfunctioning.However, the National Highway Traffic Safety Administration has never found the need to act on incidents where the car seat heaters have heated to levels beyond human tolerance.Now, a group of safety advocates has asked the federal administration to look closer at defective and malfunctioning car seat heaters that have caused serious burn injuries.

The risk of burn injuries from defective car seat heaters is the highest among the disabled and physically challenged.These people may have limited or no sensation in their lower limbs, which means that when a car seat heater heats up to dangerously high levels, the person only finds out that he’s being burnt when it is too late.Some of these people have ended up with third-degree burns.Currently, there are no federal standards in place for car seat heaters, and that has meant consumers are using seat heaters that are not required to meet any safety standards.Very often, car seat heaters do not come with a switch on/off mechanism that allows a person to switch off the heater when it is warming up to intolerable levels.

Published on: March 8, 2011

Nursing Home Malpractice Cases likely to increase Due to Spike in Elder Abuse Across the Country

by Robert N. Katz, Esq.

According to a federal report, an increase in elder abuse around the country threatens to put more pressure on an already strained adult protective services network. Likewise, this increase will likely cause an increase in nursing home malpractice cases. The report was compiled by the Government Accountability Office.A total of 39 states responded to the survey, which found that there was an increase in elder abuse cases, especially an increase in highly complex cases that involved several different forms of abuse.What is even more concerning to Atlanta elder abuse attorneys, is that even though there has been a spike in elder abuse cases, funding for adult protective services has not kept pace. As an Atlanta injury lawyer, I know that all attorneys are likely to be flooded with a significant number of nursing home malpractice claims.

The report also discusses the kind of person who is more susceptible to abuse.For instance, people with cognitive or physical impairment may be more susceptible to abuse.Elderly persons who have trouble bathing or feeding themselves and are dependent on others for such activities, may be at a higher risk of abuse.Elderly persons who lack social support, like a strong family network, were much more likely to be abused.

Besides, the report also analyzes the detrimental effects of such abuse on victims.For instance, a study conducted in 2,000 found that elder abuse victims had higher levels of depression, compared to elders who were not abused.Another study conducted in 2006 on elderly women in the Midwest found that women who were psychologically abused had more health problems than those who were not abused. Elder abuse also seems to decrease the lifespan of the victims.A decade-long study conducted between 1982 and 1992 found that only 9% of abuse victims were still alive in 1995, compared to 40% of elders who had not been subjected to abuse during the same period. The difference is just staggering and sad. We all must be aware and prepared to act when we see abuse.

Published on: March 5, 2011

Proposed Law Would Prevent Serious Georgia Bicycle Accidents

by Robert N. Katz, Esq.

Motorists whizzing close by to bicyclists are responsible for approximately 1.2% of all bicycle accidents every year, but about 22% of those accidents result in catastrophic injuries or death.A new piece of legislation in Georgia would require that motorists passing by a bicyclist maintain a space of at least 3 feet between the vehicle and the bicycle.As an Atlanta injury lawyer, I strongly support the legislation. The legislation would help prevent accidents in Atlanta and throughout Georgia.

House Bill 180 requires motorists to pass at a safe distance from a bicycle.The term “safe distance” is defined as 3 feet.Across Georgia, bicyclists have been exposed to accident and injury risks from motorists “buzzing” past them.These risks would be avoided if the bill is passed.Although the risks that come when motorists pass too close to bicycles are common knowledge, few states have laws in place that prevent motorists from such behavior.In fact, only 16 states in the US have laws that establish a specific distance that motorists must maintain from a bicycle.Georgia, if it approves the law, would become one of the states that prioritize bicyclist safety.

This piece of legislation is one of several bicycle safety bills that are currently pending in the Georgia Assembly.Another bill, House Bill 101 defines bicycle lanes and establishes the installation of bicycle lanes to national guidelines.The bill would also require motorists to yield to bicyclists.Yet another bill, House Bill 71 would allow Georgia residents to petition their local administrations to allow them to bicycle on sidewalks.Under current laws, only children below the age of 12 can ride bicycles on sidewalks.Riding on the sidewalk may help prevent serious bicycle accidents.

Published on: February 25, 2011

Ignition Interlock Systems Can Reduce DUI Car Accidents

by Robert N. Katz, Esq.

As an Atlanta injury lawyer, I often find that a significant number of wrongful deaths and serious personal injuries arise from drunk driving accidents involving repeat offenders.A new study by the Centers for Disease Control and Prevention indicates that the use of ignition interlock devices is successful in preventing repeat drunk driving. Such prevention would unquestionably result in a reduction in drunk driving accidents, injuries and deaths. Each and every Atlanta injury lawyer should advocate for the use of these devices.

The study found that recidivism rates for DUI dropped by approximately 67% when ignition interlock devices were used.Many states including Georgia, have adopted alcohol ignition interlock devices as part of their efforts against DUI.In Georgia, persons convicted of DUI can be ordered by courts to have an ignition interlock device installed in their vehicles if they have prior DUI convictions too.The device requires drivers to blow into it, and measures the alcohol on his breath.If the alcohol content is found to be excessive, the device prevents the motorist from starting the engine.The researchers say that these devices are so useful in preventing drunk driving accidents, that they should be made a mandatory part of DUI prevention efforts around the country. As an injury lawyer, I couldn’t agree more.

Ignition interlock devices receive a lot of criticism from DUI attorneys and the beverage industry.However, these devices have become more sophisticated, accurate and reliable over the years.It’s much harder to “fool” an ignition interlock system now than it used to be a couple of years ago.Some devices require the user to hum while breathing into the tube.

Published on: February 23, 2011

Worker Killed in Forsyth County, Georgia Construction Accident

by Robert N. Katz, Esq.

There has been yet another construction worker death linked to a trench collapse accident in Georgia. These types of construction accidents often result in the wrongful death of the worker or serious injuries. Unfortunately, workers compensation benefits fail to truly compensate the family of the worker since the workers comp statute provides for such a limited payment for the death of the construction worker. One of the things that Georgia needs to revise is the death benefit provided under the workers compensation laws for a worker’s family. Of course, the family may or may not have an injury claim, but that will depend on whether any third party may be held liable for the workers’ wrongful death.

According to authorities in Forsyth County, the man from Covington, Newton County was working in a trench when the walls begin to collapse. Personnel from the Forsyth County Fire Department rushed to the scene, but by the time rescue crews arrived, the man had been completely buried under the soil.

The crews managed to clear the soil from his head and shoulders, but by then, the man has succumbed to his injuries. At the time of his death, it had been more than one hour since the collapse. The Occupational Safety and Health Administration has begun an investigation into the construction accident.