Georgia Injury Law Blog

Published on: February 23, 2011

Worker Killed in Forsyth County, Georgia Construction Accident

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.

Published on: February 10, 2011

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

by Robert N. Katz, Esq.

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.