Georgia Injury Law Blog

Published on: February 10, 2011

Man in Fatal Atlanta Auto Accident to Serve 10 Years in Prison

The motorist, who was convicted of DUI (driving under the influence) and causing a wrong way driving auto accident that killed a woman on an Atlanta highway, will spend 10 years in prison. The motorist Theus Monroe was driving the wrong way on Interstate 85 in December 2009, when his vehicle crashed head-on into another vehicle. In that vehicle was Jazmine Zachary, who sustained fatal injuries in the crash. She was 25 years old at the time of her wrongful death.An investigation later revealed that Monroe was not only driving under the influence of alcohol, but was also high on drugs at the time of the car accident.

A Fulton County judge this week sentenced Monroe to a maximum sentence of 17 years in prison. However, Monroe will only serve 10 years, and have an additional year of drug rehabilitation. The sentence was a bit of a disappointment for the victim’s family who wanted that Monroe be ordered to serve the entire 17 years.

Atlanta car accident attorneys often see that intoxicated driving is the main factor in accidents caused by motorists driving the wrong way. These are typically fatal accidents, or high-impact auto accidents that end with serious injuries. Drivers, who are in the path of a motorist traveling the wrong way, don’t expect to see a driver headed in their direction, which takes them by surprise, leaving them with no time to avoid the wrong way driver. The potential for severe injuries and fatalities also increases because these are typically high-speed, full impact, head-on crashes. Wrong way driving accidents are also sometimes linked to drowsiness, when motorists miss a sign or signal because they are dozing off at the wheel.

Published on: February 9, 2011

Charges May Be Filed against Man Involved in Fatal Atlanta HERO Accident

by Robert N. Katz, Esq.

Investigations into a fatal accident involving a HERO unit operator on an Atlanta interstate last week are still going on. Charges could be filed against the Loganville motorist who was driving the car that struck the operator. This auto accident is the type law enforcement officials constantly warn against. Auto accidents of these types occur in Atlanta and elsewhere when drivers fail to pay close attention to stranded motorists. It emphasizes the need for all motorists to slow their cars when approaching stranded vehicles.

The Highway Emergency Response Operator was responding to a stranded motorist on Interstate 85 when he was struck by another car. The victim, Spencer Pass had parked his truck just behind a Ranger in the Interstate 85 Emergency lane. Just then, a Ford F-450 truck pulling a trailer struck the HERO truck and the Ranger. It then hit the victim, who sustained fatal injuries. The driver of the Ranger was able to avoid injuries.

The Highway Emergency Response Operator program was started by the Georgia Department of Transportation in 1995. According to the Department of Transportation, this is the very first death involving a HERO operator since the program began operations. HERO operators respond to stranded motorists on Atlanta interstate highways. These motorists include drivers who have been involved in accidents, have run out of fuel, or have had a car breakdown on a busy highway.

Published on: February 8, 2011

Four People Injured in Atlanta Drunk Driving Accident

by Robert N. Katz, Esq.

Four people have been reported injured in a drunk driving accident in Atlanta on Saturday morning. According to the Atlanta Police Department, a motorist driving a minivan under the influence, caused the auto accident when she struck another car head-on at about 4.15 am. The accident caused a massive wreckage, leaving four people trapped in the car. Rescuers had to use the Jaws of Life to extricate the four people. The woman driving the minivan has been charged with driving under the influence and other charges.

Accidents like these cause Atlanta car accident attorneys to hope for in-car alcohol detection devices to be available in the market as quickly as possible. Last week saw the demonstration of an alcohol detection device prototype in Massachusetts. The demonstration, which was attended by the chiefs of the US Department of Transportation and the National Highway Traffic Safety Administration, was impressive. A woman, who had consumed two alcoholic beverages, was able to demonstrate how the device detected her blood-alcohol levels through the use of breath and touch sensors. These sensors were strategically positioned inside the car, in areas where a person is likely to place his hand, like on the steering wheel.The prototype is designed to shut the engine down, preventing the motorist from driving when his blood alcohol level scores above or at the .08 legally allowed limit.

There are no plans to make such devices mandatory in all vehicles, as we had blogged about earlier. However, if these devices are found to be successful in lowering drunk driving accident rates, insurance companies may offer lowered premiums to motorists who get these devices installed in their cars.

Published on: February 7, 2011

Atlanta’s ADHD Teenage Drivers May Have Higher Risk of Auto Accidents

by Robert N. Katz, Esq.

Atlanta teenagers, who suffer from Attention Deficit Hyperactivity Disorder, may suffer from concentration difficulties that increase their risk of an auto accident. Greg Fabiano at the University of Buffalo is studying ADHD among teen drivers. The study focused on two separate groups of drivers with learning permits. The first group was given additional driver’s education that included 3.5 hours in a simulator and the use of a monitoring device in the car that recorded driving behavior. The second group of teen drivers was given the additional training, the monitoring device in the car, as well as a signed contract with their parents that rewarded good driving behavior and punished undesirable driving practices.

The study is a work in progress, and final results will not be available for many years. However, preliminary findings seem to indicate that teenagers, who suffer from Attention Deficit Hyperactivity Disorder, have difficulties in concentration that could cause them to be distracted, and increase the risks of an auto accident. Besides, these risks are amplified manifold if these ADHD teens also text or use cell phone calls while driving.

Surprisingly to Atlanta car accident lawyers, the study also finds that teenagers actually like having an in-car monitoring device, because they can show their parents that they are driving safely.

Published on: February 4, 2011

Difference in Perception May Increase Accident Risks among Elderly Drivers in Atlanta

by Robert N. Katz, Esq.

Elderly drivers in Atlanta may be plagued by a variety of health issues, like failing vision that can increase their risk of an auto accident. However, new research suggests that vision problems among the elderly may be much more complicated than simply failing eyesight. The study seems to suggest that the elderly have trouble seeing objects in the foreground, which increases the risk of an accident with pedestrians and bicyclists. Of course, pedestrian accidents and bicycle accidents generally result in extremely serious injuries.

The study was conducted at the University of Rochester, and found that older people have impaired activity in the medial temporal visual area of the brain. This part of the brain suppresses movement in the background, so that the person can focus clearly on objects in the foreground. In elderly people, this section of the brain may be impaired. They may find it easy to perceive movement in the background, but not so easy to see objects that are in the foreground. That is why Atlanta car accident attorneys so often find elderly motorists involved in accidents with pedestrians and bicyclists.

The researchers used a technique called Transcranial Magnetics Stimulation, which involved attaching a magnetic card to the subject’s head, and measuring the activity of the MT area of the brain. The MT area was stimulated using electrical signals, and the researchers analyzed how well the subjects in the study identified the movement of objects. They found that when the MT area of the brain was impaired, the person could readily and easily identify objects in the background.

Published on: February 3, 2011

Future Atlanta Cars May Come Equipped with Sensors to Prevent DUI Accidents

by Robert N. Katz, Esq.

This could be the future of ignition interlock devices in Atlanta.Soon, Atlanta drunk driving accident lawyers may come across cars equipped with breath and touch sensors that automatically detect the blood-alcohol level on a motorist, and prevent the car from starting if his blood alcohol level is at or above the legally allowed .08% limit. Such devices will go a long way in preventing DUI accidents. Last week, representatives of the Department of Transportation and the National Highway Traffic Safety Administration attended the demonstration of an alcohol detection prototype in Massachusetts.

The demonstration involved a young woman who drank two alcoholic beverages. The beverages were consumed with cheese and crackers, in an attempt to replicate the kind of drinking that takes place in a social setting. The woman then demonstrated by breath and touch how the device can detect blood alcohol levels. Transportation Sec. LaHood, who attended the demonstration, was sufficiently impressed with the device, and called it a new arrow in the quiver of automotive safety.

At the very outset, the Transportation Secretary admitted that there were no plans to make a device like this mandatory in all vehicles. In fact, a device like this will not be commercially available for the next eight years at least. However, as Atlanta drunk driving accident lawyers, we suspect that when insurance companies find lower drunk driving accident rates among motorists who have such sensors in their vehicles, they will offer low premiums for motorists who choose to have the sensors installed in their car.

Published on: February 2, 2011

Cobb County Bus Driver Charged after Pedestrian Accident

by Robert N. Katz, Esq.

The driver of a Cobb CountyTransit bus, which was involved in a serious pedestrian accident last week that left a pedestrian with an amputated leg, has now been charged. Atlanta police have charged the driver, Jean Lewis with failure to yield to a pedestrian on a crosswalk and failure to exercise due care. Of course, pedestrian accidents are more often involve the most serious injuries.

Lewis was driving a Cobb County transit bus when it struck a 54-year-old pedestrian. The bus struck the woman as it was turning left at a light. According to witnesses, the woman apparently saw the bus pulling out of the Hamilton Holmes Marta Station, and tried to walk faster, but she was struck by the rear of the bus, and fell to the ground. She suffered a severe leg and a broken ankle. According to Cobb County Representatives, the driver will be removed from service, pending completion of the investigation.

This pedestrian accident comes as the National Highway Traffic Safety Administration reports on an increase in pedestrian wrongful deaths around the country. The increase is minimal, just .4%, but it comes after four continuous years of declining pedestrian accident deaths.

Published on: February 1, 2011

Georgia Ranks above National Average for Auto Accident Wrongful Deaths

by Robert N. Katz, Esq.

The state of Georgia ranks at number 32 in a USA Today compilation of states based on auto accident death rate per 100,000 population. In 2009, 1,284 people died in car accidents in Georgia, and the state had a death rate per 100,000 population of 13.1. That is much above the national average of 11 per 100,000 population. Of course, a significant number of deaths generally occur in urban areas such as Atlanta, Georgia.

Georgia and other states like Alabama, Louisiana, Mississippi and Delaware with strong rural neighborhoods seem to have high death rates in car accidents. The reason for this, according to the USA Today report, could be the fact that many of the states with significant numbers of wrongful deaths due to car accidents have large rural communities.

Most of the traffic in rural communities plies on two-lane roads. These roads typically tend to be poorly designed, and lack the safety enhancements and engineering that make urban roads safer. It’s no coincidence that the states that have featured at the top of the list (ie: least deaths), like Washington DC and Massachusetts have more urban roads.

Published on: January 27, 2011

Slight Decrease in Pedestrian Accident Deaths in Atlanta and throughout Georgia

by Robert N. Katz, Esq.

There was a slight drop in the number of pedestrians deaths in auto accidents in Georgia in the first half of 2010. Last year, we had 77 pedestrian deaths in the first six months in auto accidents, compared to 78 pedestrian deaths in 2009. That is a very tiny decrease, but it is still better than the overall national picture, which actually shows an increase in pedestrian deaths in 2010.

Across the country, there was a .4% increase in pedestrian accident fatalities in the first six months of 2010. That increase came after several half-yearly estimates that showed a decline in pedestrian accident deaths over the past four years. The feds are at a loss to explain this increase. . An increase of .4% may not seem like much, but for any Atlanta pedestrian accident lawyer, any sudden spike like this should sound alarm bells.

One of the theories that are being thrown about for this increase in pedestrian accident fatalities, is simply more numbers of people taking to the streets. First Lady Michelle Obama has a nationwide anti-obesity campaign in full swing, and part of that includes Americans getting out of their cars and walking to work. Besides, the National Highway Traffic Safety Administration is pointing to an increasing number of pedestrians plugged to their music systems, smart phones and other gadgets while walking. A distracted pedestrian is at a much higher risk of being injured in an accident.

Published on: January 26, 2011

NSC Statistics Show Decline in Georgia Auto Accident Fatalities

by Robert N. Katz, Esq.

New figures from the National Safety Council show that auto accident deaths in Georgia declined during the first 11 months of 2010. According to the report, there were 1,121 auto accident deaths between January and November 2010, down from 1,165 during the same period time in 2009, and 1,323 deaths during the same period of time in 2008. Overall, statistics for Georgia show a 15% decline in the number of attacks between January-November 2008 and January-November 2010.

Georgia statistics mirrored a nationwide trend. Overall, motor vehicle accidents across the country declined by approximately 4% in the first 11 months of 2010. As of November 2010, there were 31,740 accident fatalities.

This year, the National Safety Council adopted the concept of “medically consulted injuries” to define the injury impact of these accidents. According to the National Safety Council, a medically consulted injury is any injury that is deemed serious enough to require the attention of a medical professional. Between January and November 2010, there were 3, 100,000 medically consulted injuries arising from auto accidents. Further, auto accidents in 2010 lead to total costs of $216.5 billion. These include medical expenses, employer costs, lost hours and lost productivity.