Georgia Injury Law Blog

Published on: March 10, 2011

Spotlight on Burn Injury Risks from Defective Car Seat Heaters

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.

Published on: February 19, 2011

Infant Killed in Atlanta Truck Accident

by Robert N. Katz, Esq.

A six-month-old infant, who had sustained critical injuries in a Cobb County, Georgia truck accident, has succumbed to his injuries. Cobb County police have charged the truck driver involved in the truck accident. Any injury and death in a truck accident is sad, but that is especially true when such a young life is lost.

The accident occurred over the weekend, when tractor trailer driver Henry Lipps crashed his rig into the rear of a car. In the car were a couple and their six-month-old baby, strapped into his car seat. Both parents were injured, and taken to the Atlanta Medical Center. The baby suffered critical injuries, and was taken to Scottish Rite Hospital. He succumbed to his injuries earlier this week

Investigators believe that the tractor-trailer driver failed to brake, and crashed into three separate vehicles, including the GMC Arcadia, Toyota Highlander and a Buick LeSabre at the Windy Hill Road exit. The driver of the LeSabre and his passenger also suffered visible injuries, and were rushed to Grady Memorial Hospital.

Published on: February 19, 2011

What Atlanta Accident Victims Can Expect after a Burn Injury

by Robert N. Katz, Esq.

Last week, the American Burn Association commemorated National Burn Awareness Week, to highlight the dangers to children and adults from fire and burn hazards. Although the focus of the American Burn Association tends to be towards household burn hazards, Atlanta injury attorneys often come across victims who have suffered serious burn injuries in car accidents, truck accidents, and workplace accidents.

Burn injuries are easily some of the most traumatic injuries that a person can suffer. A burn injury victim can expect severe pain over the short-term, and scarring, paralysis and impaired nerve function over the long-term. The hours and days after a serious burn injury can be critical for a patient. In such cases, the skin may have been severely burned down to the deeper layers, and the patient may be at a high risk of infections.

Once the patient is discharged from the hospital, he or she could be looking at a long period of taking care of the injury and the wound site. The patient will have to be on medication for a few weeks, and will be asked to be on plenty of fluids. The injury site will be cleaned periodically, and, patients will have to take care to avoid contamination of the wound.

Published on: February 18, 2011

Motorcycle Helmets May Reduce Risk of Cervical Spine Injuries from Accidents

by Robert N. Katz, Esq.

Atlanta motorcycle accident lawyers strongly recommend wearing a helmet to reduce your risks of suffering serious or fatal injury in a motorcycle accident. It’s common knowledge that wearing helmets reduces your risk of suffering a brain injury. A new study however shows that wearing a motorcycle helmet may have even more tangible benefits for persons involved in a motorcycle accident. The results of this study prove that wearing a helmet not only reduces the risk of brain injury, but also cervical spine injury.

Researchers at the John Hopkins University School of Medicine analyzed motorcycle accident collisions between 2002 and 2006. The data came from the National Trauma Data Bank. The researchers found that there was a substantially lowered risk of cervical spine injury among motorcyclists who wore helmets. The risk was as much as 22% lower compared to persons not wearing a helmet during a crash.

According to the researchers, this puts to rest a long-held misconception that wearing motorcycle helmets increases your risk of suffering a cervical spine injury. Critics of motorcycle helmet laws have long held that wearing helmets increases the risk of suffering a neck injury, and they often cite 25-year-old studies to support their arguments. The fact is that modern helmets are not just lighter and more sophisticated, but also come with added strength and complete protection.

Published on: February 17, 2011

Georgia DOT to Allow Memorials to Auto Accident and Truck Accident Victims

by Robert N. Katz, Esq.

Memorial signs to auto accident and truck accident victims have been used around the country not just to commemorate the dead, but also serve as a warning to the living.As Atlanta auto accident lawyers, we believe that such stark signs help increase motorist awareness of the dangers of reckless driving and, therefore, help to decrease the number of auto accidents and truck accidents.The Georgia Department of Transportation has now announced that it will allow memorials to auto accident victims to be placed on federal and state highways.

Another program that allows highway memorial signs bearing the names of drunk driving accident victims on Georgia highways, is already in effect. That program was created through the efforts of the Department of Transportation, the Georgia Gen. Assembly and the Criminal Justice Coordinating Council in 2006. That program is separate from this new memorial sign program, and will continue as scheduled.

The new memorials will consist of 15- inch round, white signs containing the message Drive Safely: in Memory (name of the deceased).Families and friends of accident victims can request a sign for a $100 fee that will go towards installation and fabrication charges. The sign will be in place for a period of one year, after which it will be returned to the sponsor of the sign. However, families can only order these memorial signs through the Department of Transportation.

Published on: February 11, 2011

Flintstone, Georgia Man is Safest Truck Driver in Georgia Avoiding Truck Accidents for 41 Years

by Robert N. Katz, Esq.

As Atlanta truck accident attorneys, we don’t hesitate when it comes to holding truck drivers responsible for their negligence if it results in truck accidents. So, it’s only fair that we acknowledge truck drivers who have an exemplary driving record. This week, UPS inducted 49 Georgians into its elite Circle of Honor organization. These are truck drivers in Atlanta and throughout Georgia who are helping keep our roads safe by avoiding truck accidents.

The Circle of Honor includes only those UPS drivers who have completed 25 years of safe driving. This year was a record year for new Circle of Honor inductees. There were 1,122 new honorees worldwide into the Circle of Honor this year, the highest in any year for the company.

With Georgia’s 49 new UPS drivers who are in the Circle of Honor, Georgia now has 232 active UPS Circle of Honor drivers. These drivers have among them 6,670 years of combined safe driving experience. The safest UPS truck driver in Georgia is Flintstone-based Robert Millican Junior, who has an impressive 41 years of accident- free driving to his credit.