Georgia Injury Law Blog

Published on: January 13, 2011

Winter Driving Conditions Pose Treacherous Auto Accident Risks

It’s now the turn of Georgia, especially the metropolitan Atlanta area, to bear the force of a harsh winter that has amplified auto accident risks for motorists. The week began with a heavy snowstorm that left much of Atlanta covered with snow. Earlier this week, hoping to decrease the number of auto accidents, the Department Of Transportation urged all Atlanta motorists to stay at home. The warning also included large commercial truckers, who are likely to find these driving conditions even more hazardous. Of course, truck accidents pose a significant risk of injury and death. None of the major school districts took any chances, with classes called off in all the major school districts.

By Tuesday, transportation crews had been able to clear large interstates and highways, but the next morning, much of the snow was refrozen. Besides, even when the snow melts, it’s quite likely that the streets will continue to be treacherous. Thin ice will remain on the surface streets, especially on those roads that don’t see much traffic. In fact, you can expect the ice to remain until temperatures began to climb again. Meteorologists don’t expect temperatures to rise until this weekend.

The thin layer of ice on surface streets is a serious accident hazard. This layer is barely visible, and creates a super-slippery surface that can have everything from a passenger vehicle to a tractor-trailer careening out of control.

Published on: January 8, 2011

Driver Killed in McDuffie County, Georgia Bus Accident

by Robert N. Katz, Esq.

There’s been yet another tragic school bus accident in McDuffie County, Georgia. This accident resulted in the death of the driver of the school bus. The accident occurred when the bus went out of control and ran into a ditch. The driver was ejected from the bus. She was rushed to the hospital with serious injuries, but died soon after.

The bus had about 10 students.Two of the children suffered serious injuries, and were rushed to the hospital. Unfortunately, one of the children who was injured was the driver’s own son. The accident apparently occurred on a dirt road just outside of Dearing. The driver seems to have lost control of the bus as it slid off the road. School drivers of the McDuffie County School System are mourning the loss of one of their own.

The Georgia State Patrol is investigating the accident. Some questions are being raised about the condition of the road at the time of the crash.

Published on: January 7, 2011

Students Injured in a Truck Accident in Cherokee County

by Robert N. Katz, Esq.

There has been yet another serious school bus accident in Georgia.Six students on a school bus suffered personal injuries in a truck accident in Cherokee County over the weekend.The accident involved a school bus and a tractor-trailer.The bus was taking students to the Free Home Elementary School when it struck a tractor-trailer early Tuesday morning.The bus driver, truck driver, and six students of the school suffered personal injuries in the crash and had to be taken to the hospital.

The year 2010 proved to be a dangerous year for Georgia school children.A number of accidents involving school buses and other vehicles were recorded last year, and some of these ended in personal injuries and even fatalities.The accident is under investigation, but according to CBS Atlanta, the school bus driver was a substitute driver.She had been with the Cherokee County School System since November.By all accounts, she had had sufficient hands-on training according to state laws.However, some parents have been questioning whether her driving was sufficient.

Besides, this school bus accident also brings up the question of seat belts on school buses.Atlanta personal injury lawyers would like to see some movement in this direction in 2011.New bus safety rules that were announced in 2010 include charter and intercity buses, but not school buses.This is in spite of the fact that school buses transport some of the most vulnerable passengers, and are at a high risk of being injured in an accident.

Published on: January 6, 2011

NHTSA Proposal to Prevent Speed-Related Truck Accidents

by Robert N. Katz, Esq.

The idea of using speed limiting devices to restrict speed limits on commercial trucks, and therefore, minimize the risk of speed-related truck accidents, has been floating around for a while now. In 2006, the American Trucking Associations and several other interested parties petitioned the National Highway Traffic Safety Administration to mandate speed limiting devices on all trucks. Last week, the NHTSA announced that it would initiate an NPR aimed at getting these devices installed in all trucks. If the rule does pass, there will be far fewer truck accidents and, therefore, many injuries avoided and many wrongful deaths prevented.

The NHTSA announced on its website a Notice of Proposed Rulemaking related to the mandating of such devices on all trucks. Proposals to have speed limiting devices installed on commercial trucks have been widely supported, not just by Atlanta truck accident lawyers, but also by trucking safety groups and the trucking industry.

It’s not every day that you get the trucking industry and Atlanta truck accident attorneys on the same page as far as trucking safety is concerned. However, on this issue, the American Trucking Associations has been extremely vocal in its support for such devices. However, not all trucking companies are happy about such rules. The Owner- Independent Operators Drivers’ Association, which consists of smaller independent trucking companies and drivers, has strongly opposed any rules to mandate these devices on truckers. The devices would limit the speed of trucks weighing 20,000 pounds and above to a maximum of 68 mph.

Published on: January 5, 2011

Beware of Atlanta Slip and Fall Accidents This Winter

by Robert N. Katz, Esq.

Slip and fall accidents cause significant and permanent personal injuries to individuals. Retailers and other property owners have a responsibility to keep their premises safe for their visitors. Likewise, visitors have a responsibility not to walk in areas that are clearly hazardous. The recent winter weather has greatly increased the risk of slip and fall accidents. The initial snow freezes and turns to ice. Likewise, we see a great deal of black ice in the winter in Georgia. Black ice is a thin layer of ice that forms on top of pavement. Unfortunately, retailers are often not very good at identifying and removing black ice that is not readily visible to visitors. The result is a significant number of slip and fall accidents that could be prevented.

Some parts of Georgia, like Haralson County, have recorded a 2-inch accumulation of snow, and in some of these areas, it has been the first such recorded heavy snowfall in years. For instance, in Haralson County, it has been the first such snowfall recorded in more than 129 years. While the snow has meant a picture-perfect Christmas to Georgia residents, it is also important to know that these beautiful snowy conditions can contribute to a slip and fall hazard.

You can avoid many of these accident hazards, simply by wearing sensible footwear during such weather. Put away your stilettos and party shoes, and wear winter shoes or boots to avoid a fall. You can also use clamp-on accessories that can offer better grip to prevent a fall. Be especially careful when you step out of the main door every morning, and look out for treacherous ice. Most of the fall accidents during this weather occur because people aren’t used to such icy conditions, and forget that they need to take special precautions when they walk in such weather.

Published on: December 30, 2010

DUI Accident Risks Increase by 150% on New Year’s Holiday

by Robert N. Katz, Esq.

One of the most serious and deadliest types of auto accidents is the DUI accident. Unfortunately, holidays result in a significant increase in DUI accidents. If Atlanta auto accident attorneys wanted more proof about the increased drunk driving hazards on New Year’s, the American Automobile Association has more evidence. According to a survey conducted by the AAA, a person’s risk of being involved in a drunk driving accident increases by 150% on New Year’s Day.

It’s never been a secret that drunk driving hazards increase over New Year’s, already believed to be one of the most alcohol-heavy holidays of the year. However, the AAA survey puts those hazards in grim perspective. If you are out driving over New Year’s this weekend, your likelihood of being involved in a fatal accident increases by 150%.

That number is not a joke. It’s very important not only to understand that driving under the influence is foolish behavior for you, but also to watch out for other intoxicated motorists around you. You may not be able to control other people’s driving behavior, but you can increase your own chances of surviving an accident. Wear your seatbelts, switch off your cell phones, and maintain low speeds as you drive over the New Year’s holiday. Avoid busy roads and highways over the holiday.

Published on: December 29, 2010

DOT Proposal to Prevent Distracted Driving Truck Accidents

by Robert N. Katz, Esq.

As Atlanta truck accident attorneyswho have been concerned about the lack of serious restrictions on cell phone use by truck drivers, we were happy with a new Department of Transportation proposal banning the use of handheld cell phones by truck and bus drivers. The banning of cell phones by truck drivers and bus drivers will greatly decrease the likelihood of truck accidents and bus accidents. Personal injury attorneys and lawyers for the trucking and busing companies will closely monitor the new proposal. Simply put, the ban would prevent a significant number of personal injuries and deaths each year.

This week, the DOT made a formal announcement, proposing the ban. The ban would include not just talking on a cell phone, but also holding and dialing a cell phone while driving.The announcement comes just months after a ban on text messaging while driving for both commercial truck and bus drivers earlier this year.

According to the DOT, inattention was a factor in 9% of all commercial truck accidents in 2009. Meanwhile last year, between 6% and 13% of all bus accidents were linked to distracted driving. Obviously, there is a need for a law that would completely ban the use of handheld cell phones and text messaging devices for all commercial truck and bus drivers.

Published on: December 28, 2010

FMCSA Proposes New Truck Driver HOS Rules to Prevent Truck Accidents

by Robert N. Katz, Esq.

The Federal Motor Carrier Safety Administration, which is responsible for issuing regulations to decrease truck accidents, this week proposed a series of changes in the current Hours of Service rules for truck drivers. According to the agency, the new rules will give the drivers more rest in a workday, allowing them to work fewer hours, and reducing the possibility of truck accidents. Of course, truck accidents pose one of the greatest risks of serious personal injury and death to drivers of cars. Lawyers for trucking companies and injury attorneys will be monitoring these changes very carefully.

Overall, the changes have been encouraging to Atlanta truck accident lawyers. The FMCSA is proposing the following changes:

· The possibility of restricted driving time from 11 hrs daily to 10 hours

Published on: December 22, 2010

Icy Weather Blamed for More Than 600 Auto Accidents in Gwinnett County, Georgia

by Robert N. Katz, Esq.

Close to 600 auto accidents in Gwinnett County, Georgia, last week were blamed on hazardous road conditions caused by icy roads. These accidents included a 15-car pileup on Peachtree Industrial Boulevard. Fortunately, none of these auto accidents ended in fatalities.

However, according to police, at least nine accidents resulted in occupants becoming trapped in their vehicles. They were 27 hit-and-run accidents reported. There was also at least one pedestrian accident that ended with injuries. In Cherokee County alone, police handled more than 300 accident cases. Meanwhile, in the metro Atlanta area, roadways were shut down, and schools were closed as a precautionary measure.

The hazardous road conditions were created after a mass of Arctic air collided with the moist air, creating a thin coating of ice on the roadways. Emergency rescue departments in Gwinnett County found themselves overwhelmed with thousands of calls for rescue, not just from accident victims, but also calls related to structure and wood fires.

Published on: December 21, 2010

Two Gwinnett County Accidents Linked to Drunk Driving

by Robert N. Katz, Esq.

More than a week to go for Christmas, and already Atlanta car accident lawyers have noticed a rise in the number of car accidents linked to intoxicated driving. Two people have been killed in two separate suspected drunk driving accidents in Gwinnett County this week. Auto accidents involving drunk drivers are some of the most serious accidents which occur.

The first accident occurred on Monday morning on northbound Interstate 85 in Norcross. A Cadillac DeVille that had stopped after an earlier auto accident, was struck by a Mitsubishi Montero. A passenger in the Cadillac sustained fatal injuries.

A few minutes later, a second accident involving three separate vehicles in Duluth, left one person dead. This was a head-on accident that also killed a passenger. Besides these two fatalities, both of the accidents resulted in several injuries. Charges are pending in both accidents. Police believe alcohol intoxication was a factor in both of these crashes.