Georgia Injury Law Blog

Published on: March 25, 2010

Pickup Truck Drivers to Buckle Up Per Georgia Senate Bill

Georgia Senate Passes Landmark Bill Requiring Pickup Truck Drivers to Buckle up

On this very blog, we have frequently discussed Georgia’s failures in enacting mandatory seatbelt laws that include pickup truck drivers. The law relegated Georgia to the backwoods of traffic safety, with our state being the very last in the country to hold on to an archaic law allowing pick up occupants to go without bucking up. Not anymore. The Georgia Senate has passed a bill that will make it mandatory for pickup truck drivers to buckle up.

The failure to buckle up contributes to the deaths of approximately 67% of all pickup drivers killed in accidents. Those rates have galvanized Atlanta car accident attorneys, and citizens groups. Buckling up might be pure common sense, but as we have seen, you need laws to get people to do the sensible thing and save their own lives. With this bill, pickup drivers in Georgia will have a much higher chance of surviving an accident.

Published on: March 24, 2010

Georgia Bicycle Safety Bill Gaining Speed

by Robert N. Katz, Esq.

Support Grows for Georgia Bicycle Safety Bill

More than 1,000 bicyclists converged in Atlanta yesterday in a show of support for a pending piece of legislation that would create a safety zone around bicycles, preventing the risk of injuries and accidents.

The bill is similar to other legislation already in effect in 16 other states around the country. It has been widely supported by bicycle safety groups and Atlanta bicycle accident lawyers. The bill, HB988 will establish a 3-foot safety zone around a bicyclist. Motorists will be required to maintain the 3-foot zone while passing a bicyclist. This will greatly increase safety for these bikers, who often find themselves run off roads and frightened by honking cars that get too close to them.

Published on: March 23, 2010

Georgia Throws out $350,000 Cap on Medical Malpractice Claims

by Robert N. Katz, Esq.

Georgia SC Throws Out $350,000 Cap on Noneconomic Damages in Medical Malpractice Claims

It’s been a while coming, but the much-awaited judgment that trial lawyers in Atlanta and victims of medical malpractice have been waiting for, is finally here. The Georgia Supreme Court yesterday threw out the $350,000 cap on noneconomic damages in medical malpractice claims.. The ruling nullifies a key provision of tort reform laws passed by Georgia’s legislators in 2005.

The 7-0 Supreme Court decision involves the case of Betty Nestlehutt, who suffered severe disfigurement after a botched plastic surgery procedure. Nestlehutt had visited Atlanta Oculoplastic Surgery to correct bags around her eyes. The resulting procedure left wounds on her cheeks, which have since resulted in permanent scarring.

Published on: March 19, 2010

Georgia Roads Are Both Deadly and Desirable

by Robert N. Katz, Esq.

Georgia Has Best and Deadliest Roads in the US

A study published in Reader’s Digest magazine indicates dichotomies in Georgia’s road safety. The state’s roads are some of the best in the country indicated by their position at number 13 on the list. However oddly enough, Georgia’s roads are also mentioned as some of the deadliest in the country, placed at number 20 on a different list.

So, how could our roads be safe and a pleasure to drive on, and still be linked to an inordinate number of accidents and fatalities?

Published on: March 18, 2010

Truck Driver Safety Spearheaded by Jason’s Law

by Robert N. Katz, Esq.

The widow of a trucker, who was killed during a robbery as he parked his truck in an abandoned gas station, is spearheading legislation to allocate funds for truck stop and rest area expansion across the country.

Hope Rivenburg’s husband Jason was shot on March 5, 2009 by a robber at a gas station in South Carolina. Rivenburg was waiting for a milk store to open to make his delivery. At the time of his death, Hope was pregnant with their twins.

A year later, Hope Rivenburg is lobbying for legislators to pass Jason’s Law. The legislation will pay for a pilot program to build new parking facilities and rest areas in high-tech corridors across the country that are currently starved for such truck stops. The law will also provide for enhancement of current truck stops, opening up of current parking facilities to allow parking of trucks, and easier access to safe parking areas.

Published on: March 17, 2010

Bicycle Safety Enhanced by Google Maps

by Robert N. Katz, Esq.

Last week, Google rolled out its new Google bike maps feature that does for bicyclists what it already does for motorists. The feature provides bicyclists quick and safe routes to get to their destination.

Bikers have been calling for adding biking directions to Google Maps for a while now. A petition containing more than 50,000 signatures from bicyclists was sent to Google, asking the search engine giant to develop a map feature exclusively for bicyclists. That moment is here, and bicyclists couldn’t be happier about it. As bicycle accident lawyers in Atlanta, we couldn’t be more pleased at the way Google has stepped in to make biking not just quicker and more convenient for bicyclists, but also safer.

According to Google, the bike routes have been developed taking into consideration the safest way for a biker to get to his destination. The routes avoid crowded and congested streets, streets with no bike lanes, streets with a high volume of traffic, busy intersections, narrow streets and hills.

Published on: March 15, 2010

Baby Slings Pose Suffocation Risk

by Robert N. Katz, Esq.

Baby slings, those soft and snuggly baby carriers that are all the rage, have now come under the microscope at the Consumer Product Safety Commission. The agency is expected to make an announcement later this week, warning about the special risks of suffocation to babies, especially newborns, who are placed in these slings.

CPSC chairperson Inez Tenenbaum is expected to make the announcement, warning parents about the high risk of suffocation in certain kinds of sling designs. The risk, according to child safety experts, comes from the fact that many of the designs allow babies to settle into a comfortable fetal position, that can have their chin touching their chest. In a position like this, there is a high risk of a respiratory blockage, and consequent suffocation. Some brands like the “Sling Rider” from Infantino have been named as posing a special risk because of the design. Besides, babies may be at risk in these slings when they turn towards the person carrying them, and become smothered in their clothes.

The risks from baby slings are not entirely new to injury lawyers in Atlanta. There have been at least seven confirmed reports of deaths of infants who have suffocated in these slings.In 2008, there were dozens of instances of babies falling out of the fabric slings, and injuring themselves.

Published on: March 12, 2010

Woman Charged in Fatal Gwinnett County DUI Accident

by Robert N. Katz, Esq.

The female motorist, who was driving a car in Gwinnett County during a fatal drunk driving car accident that killed a three-year-old child, has now been officially charged.

Twenty-six-year-old Alicia Tubman was allegedly driving intoxicated on January 11^th, when she lost control of her car, and it struck a fire hydrant and a tree. The car burst into flames. Emergency response officers were able to pull the woman out of the car. However, they could do nothing to rescue three-year-old Jayla Cook, who was in the backseat.

Tubman has spent the weeks since the accident recovering from burn injuries at the Grady Memorial Hospital in Atlanta. She has now been charged with driving under the influence, homicide by vehicle, cruelty to children, reckless driving and other charges. After the accident, Tubman‘s blood-alcohol levels were found to be more than three times the legally allowed limit of .08.

Published on: March 11, 2010

Child Criticallly Injured in Dog Attack in DeKalb County

by Robert N. Katz, Esq.

An eight-year-old girl has suffered critical injuries in an attack involving two dogs outside her home in DeKalb County.

According to the Atlanta Journal-Constitution, Erin Ingraham was playing outside her home on Tuesday afternoon when she was approached by two Staffordshire Terriers. The dogs attacked her, and officers who responded to the scene had to use batons to pry the animals off the little child. The two dogs then attacked the officer, upon which the dog was shot and killed. The second dog ran away from the scene and was later captured by animal control officers.

The owner of the dog has been located and is likely to face charges. Erin suffered serious injuries that required vascular and plastic surgery. This has been a horrific attack by any standards, and we wish Erin a speedy and complete recovery. Unfortunately, it looks like Erin has a long recuperation period ahead of her. The next few weeks, or even months, are not going to be easy.

Published on: March 10, 2010

Three Injured in Street-Racing Accident in DeKalb County

by Robert N. Katz, Esq.

At least three people have been injured in an accident apparently caused by two cars street racing in DeKalb County.

The two cars set off a chain reaction accident on Interstate 285 that involved several vehicles. At least three people had to be taken to the hospital for treatment of moderate injuries. The two persons who were racing fled the scene of the accident.

Accidents involving speeding racing cars can result in serious injuries or fatalities. It’s extremely fortunate that the three people here survived this crash.