Georgia Injury Law Blog

Published on: August 16, 2010

Wrongful Death Lawsuit Settled by Georgia Department of Transportation

Georgia Department of Transportation Settles Wrongful Death Lawsuit

The Georgia Department of Transportation has agreed to pay $600,000 dollars to settle a wrongful death lawsuit, arising from a taxi accident that killed a 51-year-old woman.Patricia Heller was killed when her taxi went out of control and crashed into a tree.She suffered fatal injuries.

Her husband filed a wrongful death lawsuit against the taxi driver, the taxi company, a former city inspector and the Georgia Department of Transportation.The lawsuit alleged that the taxi had bald tires on the day of the accident, and had passed a city inspection just one day before the crash.The lawsuit also accused the Department Of Transportation of negligent design of that section of Interstate 85, alleging that a tree should not have been allowed to grow so close to the roadway.The lawsuit also alleged that the slope was too steep, and the drainage system was poor.

Published on: August 11, 2010

Rural Areas Have Highest Rate of Fatal Car Accidents

by Robert N. Katz, Esq.

NHTSA Data Shows High Rates of Auto Accidents, Fatalities in Rural Areas

Newly released data from the National Highway Traffic Safety Administration shows that traffic safety in rural areas continues to be a serious concern.According to the statistics, although just 23% of the US population lived in rural areas in 2007, accident fatalities in rural areas accounted for 57% of all traffic accident fatalities that year.

A few very interesting facts stand out from the study.

Published on: August 9, 2010

What Every Driver Should Know about Motorcyclists

by Robert N. Katz, Esq.

One of the biggest factors in motorcycle accidents is motorist negligence or lack of motorist awareness.It’s important for motorists to understand that motorcycles are not like cars or trucks.Motorcyclists face peculiar challenges as they jostle for space with motorists, and it helps motorcyclists if other people on the road are more aware of these challenges.

The Motorcycle Safety Foundation has tips for motorists and truck drivers to help them look out for motorcyclists.Here’s a brief rundown of just some of those tips.

· Look out for motorcyclists especially closely at certain spots, like intersections. Because of a motorcycle’s small size, it may be easier to miss.

Published on: August 5, 2010

New Standards Will Make Cars Safer

by Robert N. Katz, Esq.

In a move that is sure to increase auto safety for Americans, the National Highway Traffic Safety Administration has announced that it will soon launch its new auto testing and rating program.Several 2011 models will be tested using these tougher testing standards. The agency will begin testing about 55 models, including some American favorites like the Honda Odyssey, the Ford Fusion and Taurus, and the Chevrolet Cruze.

Under the new testing system, cars will be tested against each other, and not against a standard performance bar.In the old system, far too many cars were able to meet the standards, and obtain a five-star rating.In the new system, vehicles will have to compete with each other to get the five-star rating, and there will be far fewer vehicles that actually meet the new standards.Several cars that currently enjoy a five-star rating could find their rating drop to a two-star one, once the testing program is implemented.

The new testing program will include a pole test and a female crash test dummy in the front passenger seat.The tests will result in a single overall safety score.For the first time, the rating will also contain information about any additional safety features the car contains, like lane departure systems and forward collision warning systems.With this rating system, consumers will find it easier to buy cars that not only prevent accidents, but also protect them in the event of an accident.

Published on: August 4, 2010

Parents Demand Stricter Teen Driving Laws

by Robert N. Katz, Esq.

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 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.