Georgia Injury Law Blog

Published on: August 4, 2010

Parents Demand Stricter Teen Driving Laws

There is a growing debate nationwide over the need for a mandatory federal standard for driver’s licensing programs.Currently, there is no single federal standard.As Atlanta auto accident lawyers, we strongly support a strict, federal mandatory standard for licensing policies.A bill called the Safe Teen and Novice Driver Uniform Protection Act would establish exactly such a standard.It’s not surprising that some of the strongest supporters of this proposed standard are parents.

A new survey by the Insurance Institute for Highway Safety reveals that parents favor stronger licensing standards for their children.The study is the first of its kind into parental attitudes towards graduated driver’s licensing policies.It clearly reveals that parents strongly favor licensing policies that can prevent their children’s risk of being involved in an accident.

The parents were asked several questions, including their opinion about nighttime driving restrictions and passenger restrictions.90% of the parents said that they were in favor of nighttime driving restrictions on teenagers, and most of them wanted restrictions that began at 10 PM or earlier.Georgia’s GDL laws impose a restriction on nighttime driving between midnight and 6 AM for teen drivers.

Published on: July 30, 2010

Distracted Driving Summit to Be Held in September 2010

by Robert N. Katz, Esq.

Second Distracted Driving Summit to Be Held in September 2010

Buoyed by the success of the first National Distracted Driving Summit last year, the US Department of Transportation has announced that a second summit will be held on September 21, 2010 in Washington DC.

It’s been an eventful few months since the first summit.During this period of time, several states, including Georgia, have made progress towards the banning of technological distractions at the wheel.In Georgia, we now have a ban on texting while driving for all motorists, and a ban on the use of cell phones while driving for motorists below the age of 18.The law is now in effect, and violators may be fined $150.

Published on: July 29, 2010

Atlanta Highway Worker Killed in Car Accident

by Robert N. Katz, Esq.

Highway workers involved in construction and maintenance activities constitute some of the most at-risk groups on our roads.For most motorists, road construction or maintenance work is an annoyance, but for these workers, the highway is their workplace, and it’s important for motorists to respect that.This morning, a worker involved in highway maintenance activities on Freedom Parkway, east of Boulevard, died, when he was struck by a vehicle.

According to Atlanta police, motorist Glen Johnson was driving, when for unknown reasons, his car left the roadway and struck the worker.The victim had been contracted by the Department of Transportation for some roadside maintenance work.He sustained fatal injuries.He was just 27 years old.

Johnson has been charged with failure to maintain lane and secondary vehicular homicide.

Published on: July 26, 2010

Drunk Driving Accidents Affected by Parenting Style

by Robert N. Katz, Esq.

We have always believed that parents play a major role to play in preventing alcohol-related car crashes among teenagers.That line of thinking doesn’t come merely because we are Atlanta car accident attorneys, but also because we’re parents ourselves.That is also why we also encourage parents to talk about the dangers of alcohol excesses with their children.

A study published last month shows that a combination of being involved in your child’s life and what he or she is up to, as well as a solid base of support and affection, can help reduce a vast number of problems associated with teenage drinking.Obviously, one of those problems would be driving under the influence.Teen motorists continue to be one of the most high risk groups for intoxicated driving.Much of this has to do with peer pressure.Parents can do much to negate the harmful effect of peer pressure by providing a warm, stable family environment, and also keeping track of what the child is doing outside the home.

The study published in the July issue of Journal of Studies on Alcohol and Drugs surveyed about 5,000 kids about their relationship with their parents.The key components of the survey were

Published on: July 24, 2010

Workers Compensation Insurance Companies likely to fight Claims for Wii devices

by Robert N. Katz, Esq.

The next big fight with workers compensation insurance companies is likely to be whether injured workers have the right to incorporate Wii Fit and Wii Resort into their physical therapy routines at home. Attorneys for injured workers need to be prepared for this next battle because the lawyers for the workers compensation insurers and employers are going to fight this issue at every step. OnSite Rehab Physical Therapy in Atlanta, Georgia has starting using Wii when providing injured workers rehabilitation. The Wii workouts are incorporated into the workers physical therapy routines. Therapists allow injured workers to use the Wii after the therapists finish their hands on treatment and the workers demonstrate appropriate knowledge of their home exercises. It is unlikely that workers compensation insurance carriers are going to purchase Wii devices for the homes of injured workers without a fight despite the recommendations of the physical therapists. That choice is probably penny wise, but dollar foolish.Injured workers who have used the Wii have shown significant improvement in their recovery. Therefore, the workers are likely to get back to work much quicker if they incorporate the Wii into their rehabilitation thereby providing workers compensation carriers substantial savings.

Jan W. Braunstein, the Owner of OnSite Rehab Physical Therapy, decided to incorporate large screen televisions into the company’s gym when they opened a new location. She understood that therapists in other parts of the country who incorporated Wii into the workout routine saw some positive results. She sees the Wii as an excellent way to motivate injured workers to perform their regular exercises. Ms. Braunstein points out that if more employees worked out regularly with Wii, they would likely strengthen their muscles resulting in a decrease in on-the-job injuries.

If you are an injured worker and believe that using Wii in your exercise routine would be helpful, you will likely need to prepare for a fight to get the device in your home. Workers compensation insurers and employers will be very weary of authorizing payment for the devices. To fight this battle as well as all the other battles that generally arise when you are trying to get the care you need to return to work, you should consider hiring a qualified workers compensation attorney. If you would like to have a free consultation regarding your workers compensation claim, click here to contact the law office of Robert N. Katz.

Published on: July 24, 2010

New Test for Brain Injury Could Facilitate Quicker Diagnosis

by Robert N. Katz, Esq.

Much of brain injury treatment depends on being treated immediately after the injury, to prevent further damage to injured brain tissue.However very often, doctors fail to diagnose the injury, especially if the injured patient has not lost consciousness.Other times, doctors may be confused about whether the person has suffered a brain injury or is having a stroke of some kind.This delay in diagnosis can severely impact the person’s recovery.

The US Department of Defense is investing approximately of $17 million to fund a study that will look into the development of biomarkers to easily diagnose brain injury.Currently, doctors use a blood test to diagnose the presence of a chemical called troponin in the blood, when a person is having a heart attack.Before these tests were developed, a physician only had the visible symptoms of a heart attack to depend on, for his diagnosis.However, with the biomarker test, he can look for protonin to confirm that the person is indeed having a cardiac arrest.The Defense Department study will look at developing something similar for brain injury.Consider this-a physician simply uses a test to diagnose a patient’s brain injury without having to depend on conflicting external symptoms.

There’s a reason why the Department of Defense is so eager to have progress on this.Treatment of brain injuries in veterans continues to be a challenge for the military.Tests like these will help army medics diagnose injuries quicker and begin treatment faster.

Published on: July 23, 2010

Did Toyota Try to Mislead Public with WSJ Story

by Robert N. Katz, Esq.

Did Toyota Try to Mislead Public with WSJ Story?

The Wall Street Journal ran a story last week, citing sources “familiar with the findings” that indicated that NHTSA investigations into Toyota’sacceleration problems had found driver error had been to blame for most of the cases.According to the Wall Street Journal piece, federal data suggests that many drivers, who blamed defects in their Toyota for these accidents, possibly jammed the accelerator instead of slamming the brakes.

As expected, the Wall Street Journal article created a furor.The National Highway Traffic Safety Administration has been quick to distance itself from the article.An agency representative said that the information used by the WSJ came from Toyota itself, and not from the agency.In other words, the company had planted the story in order to develop a strong case for itself against the hundreds of acceleration-related personal injury and wrongful death lawsuits it’s up against.

Published on: July 22, 2010

New Bridge at Mitchell Street In Atlanta Underway

by Robert N. Katz, Esq.

For years, Mitchell Street Bridge had been a vital part of Atlanta transportation, helping commuters get to downtown Atlanta and all the sights there.The bridge, which had been built in 1924, has become weak and structurally deficient over the years.Local budgets allowed for little money to repair the bridge.In 2008, the bridge was shut down for traffic.This week, the bridge was demolished in preparation for a new bridge replacing the old one. Not only will the new bridge make it easier for commuters in Atlanta to get across town, but it will also create new employment opportunities.

The bridge is being paid for by money from the federal stimulus funds.The total cost of construction is estimated to be around $8.8 million.Construction is expected to be completed by May 2012.The new bridge project is part of an estimated 300 construction projects that have already begun, or are expected to soon begin, across the state of Georgia.All these projects will be funded by money from the American Recovery and Reinvestment Act.Georgia has approximately $900,000,000 in federal stimulus funds already in its kitty.Not only will the new bridge make it easier for commuters in Atlanta to get across town, but it will also create new employment opportunities.

We definitely need more such measures not only to alleviate the stress of congestion on our streets, but also to facilitate easier and safer access to the city for all Atlanta’s residents.We need to relieve congestion in a safe manner, and the new bridge will do exactly that- provide a vital connection for Atlantans and a safe means of transport.

Published on: July 21, 2010

Spinal Cord Injury Patients to Benefit from New Technology

by Robert N. Katz, Esq.

It’s not just wireless companies and commercial television stations that are in the way of a revolutionary new technology that could provide a cure for spinal cord injury. The promoters of the cure are also up against the military. However, that’s not stopping the nonprofit Alfred Mann Foundation from continuing its efforts towards a treatment.

The treatment involves the use of coordinated electrical impulses from implanted devices. These impulses stimulate the muscles, thereby allowing the limbs of the spinal cord injury victim to move. Initial tests have shown dramatic results in spinal cord injury victims. Some of them have not just been able to regain movement, but are now back to doing the things they did and enjoyed before they suffered the injury.Buoyed by these successes, the Alfred Mann Foundation is pushing for wider use of this technology.

There’s one major catch, however. In order for the signals to be transmitted properly within the human body, the technology requires electromagnetic spectrum. The four bands of recommended bandwidth that are ideally suited for the technology are currently occupied by the military, commercial land mobile radio and emergency mobile radio. None of these entities are keen to share their bandwidth with the application of a medical device.

Published on: July 20, 2010

Parents Most Influential in Preventing Teen Drunk Driving

by Robert N. Katz, Esq.

Last month, the New York Times had a comparison on various programs aimed at a minimizing harmful alcohol-related behaviors, like drunk driving. The comparison didn’t have much great news for Atlanta drunk driving accident lawyers. The review found that most programs that aim to educate people about the dangers of drunk driving and other alcohol excesses, either fail to show the desired results, or only show desired results in the short haul.

Just about everybody agrees that many people, who indulge in dangerous alcohol excesses in adulthood, begin such behaviors in their teenage years. That’s why it’s so important to educate teenagers about the dangers of drunk driving. Teenagers or underage drinkers are much more likely to go on drinking binges and other behaviors that dramatically increase their risks of being involved in a crash. In schools, according to the New York Times review, DUI education programs have seen limited success. The problem seems to be that teenagers do learn the dangers of drunk driving through these programs, but are less likely to retain such information over the years.

This is where parents come in. Sobriety education from parents, according to the review, has a much higher chance of success. However, for parental influence in such matters to be high, it’s important that parents make safety a common theme of discussion at home. In other words, it may not impact a teenager much if you sit him or her down for a warm heart-to-heart only when there’s been a fatal drunk driving accident in your Atlanta neighborhood. Your interaction with your teenager about the consequences of drunk driving needs to be constant, continuous and consistent. It’s not enough to merely talk to teenagers about drunk driving. It’s also important for you to walk the talk. In other words, there must be no irresponsible driving behaviors of your own.