Georgia Injury Law Blog

Published on: July 19, 2010

Sandy Springs Man Involved in Fatal Truck Accident Arrested

A truck driver from Texas, believed to have been involved in a fatal tractor-trailer accident that killed a woman from Sandy Springs two weeks ago, has now been arrested.The driver, Joseph Leon Golden drove his truck into the emergency lane, where Rosario Velez had stopped her minivan to make a call.The truck crashed into Velez’s vehicle, leaving her seriously injured.She was rushed to the Grady Memorial Hospital and died a while later.Golden has now been arrested and charged with second-degree vehicular homicide and a lane violation.Sandy Springs police have been investigating the accident.

The catastrophic damage and loss of life and property that can result from truck accidents is why trucking companies and their drivers are held to such high standards of operations and safety.Traffic violations by any motorist can have serious consequences, but when it is the driver of a tractor-trailer guilty of such violations, the results can be horrific for those unfortunate enough to be at the receiving end.

Pursuing a truck accident claim in Georgia can be complicated and daunting. In any auto accident, you’re up against the driver of the other car and /or his insurance company.In a truck accident claim, you’re up against not just the driver, but also the trucking company, the insurers, their legal team, and other experts.The entire process of filing a claim can leave an Atlanta resident intimidated and frustrated.

Published on: July 12, 2010

ATV Dealers Selling Adult-Sized ATVs to Children

by Robert N. Katz, Esq.

ATV manufacturers make much of the fact that their vehicles are not “recommended” for children below the age of 16. They recommend that children only drive smaller-sized ATVs. They might want to send a memo to some of their dealers, however. An investigation by CBS Early Show found that many dealers see no harm in pushing sales of ATVs, even when they know that the vehicle will be operated by a child below the age of 16.

The CBS investigation found that five out of every ten dealers were willing to sell ATVs to undercover investigators posing as consumers, even when they were made aware that these all-terrain vehicles would be operated by a below-16 year old. In fact, one dealer in the exposé actually persuaded the “parents” to buy a large-sized ATV for their child, because he would be bored of a small-sized ATV within a week.

To Atlanta accident lawyers, these findings are very disturbing for two reasons –

Published on: July 10, 2010

Risk of Trailer Accidents Increases During Summer

by Robert N. Katz, Esq.

Risk of Trailer Accidents Increases During Summer

USA Today has a report on the higher risk of towing trailer accidents during summer, when many Americans hitch a trailer to their vehicle to tow boating gear and head to the nearest lake. Summer is also when many people plan a move, increasing the risk of a trailer accident.

According to the National Highway Traffic Safety Administration, towing trailer-related accidents kill at least one person every day somewhere in the country. In Georgia alone, since 1975, these accidents have cost a total of 280 lives. Over the past two decades, such accidents have contributed to close to 8,500 injuries, which have led to a total economic loss of more than $42 million. Property damage caused from these accidents has resulted in more than $65 million in damages in Georgia. Those statistics come from dangeroustrailers.org, a website established by trailer safety activist Ron Melancon.

Published on: July 9, 2010

Is Your Rental Car Safe to Drive

by Robert N. Katz, Esq.

An ABC undercover exposé reveals some shocking truths – the policies at most rental car companies are not designed to protect consumers from accidents involving recalled vehicles. Rather, these policies are aimed at getting cars out there, even if they are on the recall list.

The undercover exposé found that some of the biggest rental car companies, including Enterprise Rent a Car, Avis and Hertz don’t have firm policies in place against renting out recalled vehicles to unsuspecting consumers. Enterprise is one rental company that has been at the center of controversy over recalled vehicles. In May, the company lost a wrongful death lawsuit that had been filed against it by the parents of two sisters who were killed in an accident involving a rental car in California.

That car was a 2008 Chrysler PT Cruiser that had been recalled a few months earlier, but was rented out by Enterprise. Chrysler had linked that recall to a power steering fluid leak problem that could lead to loss of control of the vehicle. As the two sisters were traveling, the driver lost control of the car, and it burst into flames. The two women were killed instantly.

Published on: July 7, 2010

Pit Bulls Attack Douglas County Woman

by Robert N. Katz, Esq.

Douglas County Woman Has Surgery after Dog Bite Injuries

A woman, who sustained serious injuries after she was attacked by a trio of pit bulls in Douglas County had to undergo surgery this week. The 56-year-old woman was on a morning walk on Monday when she was attacked by the three pit bulls.

The three dogs were on the porch, and when the woman passed by, they jumped on her. It was a ferocious attack by all accounts, and the woman was knocked to the ground and mauled on her face and arms. Passersby used sticks and stones to try and beat the dogs off of her, but the woman suffered serious injuries. She was rushed to the hospital where she has now undergone surgery. However, she could be looking at a long recovery period ahead.

Published on: July 6, 2010

Several Injured in Marietta Deck Collapse

by Robert N. Katz, Esq.

The Fourth of July celebrations quickly turned into a disaster for several holidaymakers in Marietta when the deck they were on collapsed suddenly. The people were standing on the deck when it suddenly pulled away from the wall and collapsed in a yard.

The deck was about 10 feet above the ground. At least seven people sustained injuries in the collapse. Fortunately, none of the injuries are believed to be life-threatening. At least one person suffered a head injury and five persons had to be rushed to the hospital with injuries. According to Cobb County officials, no children were injured in the deck accident. The injured included a group of adults who were having a cookout.

Premises liability claims in Georgia can be brought against private homeowners. Besides the owner of the property, the tenant or occupant at the time of the injury can be held liable in a premises liability claim. Often, persons are injured at the homes of people they know. It can be hard to bring a claim against a friend or relative. However, it’s important to know that most claims are settled through liability insurance policies.

Published on: July 2, 2010

Prevent Fireworks Injuries on the Fourth of July

by Robert N. Katz, Esq.

Prevent Fireworks Injuries on the Fourth Of July

With just a few days to go to everyone’s favorite holiday of the calendar, it’s important to keep in mind that every year, approximately 9,000 people have to be rushed to emergency rooms with fireworks-related injuries on the Fourth of July.

Not all fireworks are allowed under Georgia law. Sparklers, party poppers and snakes are allowed, but shooting rockets and any other fireworks that explode in the air are not permitted. If you insist on having your own fireworks party, make sure that you have a sober and responsible adult in charge of the festivities. Keep the following safety tips in mind:

Published on: July 1, 2010

Airline Passengers at Risk for Food Poisoning

by Robert N. Katz, Esq.

Airline Passengers at Higher Risk of Food Poisoning

All those jokes about bad airline food don’t seem so funny when you read a new report by USA Today. According to the report, Food and Drug Administration inspections have found poor sanitary conditions at some of the biggest airline catering companies in the industry. The conditions are so poor, that inspectors are warning of a higher risk of food poisoning in passengers who eat these meals.

The inspections were conducted at Gate Gourmet, LSG Sky Chefs, and Flying Food Group. Inspectors found a number of unsanitary and unsafe conditions at these facilities.

Published on: June 29, 2010

Spinal Cord Injury Treatment Comes from Unlikely Source

by Robert N. Katz, Esq.

American and Japanese researchers have found a potential treatment for spinal cord injury from an unexpected source-mice hair. This week, researchers unveiled their new discovery at the World Congress for Hair Research in Australia.

Researchers stumbled on this astounding discovery by accident. They were examining the skin of mice while researching cancer treatments at the Anti Cancer research lab in San Diego in California. They discovered that mice hair contained cells that, if placed on damaged nerves, could repair these nerves. Researchers used the mice hair to rejoin damaged nerves in mice with a spinal injury. At the conference, a video was shown of a mouse with a spinal injury, recuperating almost completely after being treated with hair cells.

There is enough reason to hope that this treatment can be duplicated in human beings too. Human hair has been found to contain similar cells that have equally beneficial results when used on mice with spinal cord injuries. Researchers believe that chances are high that a damaged human nerve will also respond well to the same kind of hair cell treatment.

Published on: June 28, 2010

Federal Regulation To Decrease Truck Accidents

by Robert N. Katz, Esq.

The Federal government finally decided to crack down on truck companies and truck drivers with poor driving records. According to the Federal Motor Common Carrier Safety Administration website the “Comprehensive Safety Analysis 2010, CSA 2010, is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce commercial motor vehicle (CMV)-related truck accidents, injuries and fatalities. The initiative has three major components – measurement, evaluation and intervention.Using inspection and truck accident results, the initiative identifies carriers and drivers whose behaviors could reasonably lead to truck accidents and injuries. The FMCSA and its state partners then evaluate the data to create better methods for improving the safety of these problem drivers and companies. Finally, the initiative allows the FMCSA to intervene to resolve safety issues with trucking companies and truck drivers who are unsafe.

However, at a recent meeting in Atlanta, Georgia sponsored by Eyefortransport, trucking companies complained that the new initiative will cause an increase in driver attrition of at least 5 to 8 percent. The American Trucking Association continues to support the initiative, but seeks to have two changes. First, it only wants data regarding accidents considered if the truck driver was determined to be at fault in the accident. Second, it does not want warnings issued by law enforcement officials considered in the data.

Simply put, it is about time that the FMCSA aggressively evaluated the safety and accident records of all truck companies and truck drivers.The initiative is likely to have two significant positive impacts. First, it will result in the removal of unsafe truck drivers from our public highways and roads. Second, it will cause truck drivers to driver more carefully due to the risk of losing their commercial driver’s license.In order to decrease the number of trucking accidents, there needs to be a significant change in how truck drivers choose to driver. The initiative is long overdue and needs to continue to be strengthened and not watered down.