Georgia Injury Law Blog

Published on: October 28, 2009

Trucking Hours Reviewed by Obama Administration

As Georgia truck accident lawyers, we have spoken out against the rule allowing a truck driver to drive for 11 consecutive hours. The rule was passed by the Bush Administration, which proposed it a total of 3 times during its tenure in the White House. It was blocked twice in court after consumer safety advocates and truck safety groups challenged the rule, claiming that the government had failed to determine its impact on trucker health and motorist safety. But the Bush administration ultimately succeeded in reinstating the rule.

Now, the Obama Administration has agreed to review the 11-hour rule. The Associated Press is reporting that on Monday, the Federal Motor Carrier Safety Administration signed an agreement with safety and labor groups, promising to revise the rule. For now, the FMCSA is not saying how it will revise the rule, and what new limits will be placed on trucker hours, but as Georgia truck accident lawyers, we hope that any new rule will be closer to the ten-hour limit that was earlier in place. The agency has said that it will consider the situation, and come up with a new rule within the next 9 months.

For truck safety groups who have been campaigning against the rule, it is a hard fought victory. These groups include those who have lost the most from the rule – parents of victims of truck accidents involving fatigued truckers driving beyond their stipulated working hours.

Published on: October 27, 2009

Babies Injured by Incorrect Use of Car Seats

by Robert N. Katz, Esq.

A new report presented by a pediatric orthopedist at a pediatric conference in Washington is warning that newer models of child safety car seats, that double as baby carriers, may place children at a high risk of injuries. The risk comes from using the car safety seats outside the car. When these seats are placed on tables, counter tops, and soft surfaces like beds, the seats are likely to tip over injuring babies, and possibly suffocating them.

The report found that more than 8,700 babies suffer serious injuries every year when these car seats are used outside the car. Most injuries recorded in the study included head injuries, arm and leg fractures. The study looked at injuries that occurred between 2003 and 2007, and found that an estimated 680 babies a year suffered car seat injuries serious enough to require hospitalization. The researchers are calling for educating parents about the dangers posed when they use their car seats as baby carriers and baby beds, outside the car.

The use of car safety seats is estimated to have saved close to 9,000 lives over the past 30 years. However, the amount of time a baby spends in a car seat has also increased. Placing a baby in a car seat for long periods of time can also lead to the development of a condition called container syndrome, marked by weak muscles and a flat shape to the head.

Published on: October 26, 2009

Poorly Trained Truck Drivers Subject of Report

by Robert N. Katz, Esq.

TV Report Focuses on Poorly Trained Truck Drivers

Last week, respected journalist Dan Rather presented a report on the poor quality of truck drivers emerging from the several CDL mills around the country on his weekly HD Net program.

The episode underscored what Georgia trucking accident lawyers have known for years – that the quality of truck drivers is a major contributing factor to accidents. Trucking companies often use questionable hiring practices. While a company is required to hire drivers only after checking his records, and verifying his training and skills, we know that doesn’t always happen.

Published on: October 23, 2009

FATAL ACCIDENTS ON THE RISE IN RURAL GEORGIA

by Robert N. Katz, Esq.

As Georgia car accident lawyers, we represent victims of automobile accidents, not just in the metro Atlanta area, but across the state. This includes rural areas in Georgia. That is why it‘s deeply concerning to us to see that rural Georgians continue to be at a higher risk of fatal accidents, than their city counterparts.

According to data from the National Highway Traffic Safety Administration, there were more fatal accidents on back roads on rural areas in 2008, than in the urban areas. In 2008, there were 700 fatal crashes in rural areas in Georgia, compared to 687 on urban roads or main highways.

According to law enforcement officers, a large number of accidents on back roads seem to involve speeding. These narrow back roads in the country are not meant for high speeds. Rural roads also may come with dangerously sharp curves and road signs that are old and worn out. When you add to that a driver who may be distracted talking on the cell phone or driving at high speeds, an accident is almost expected.

Published on: October 22, 2009

UPS Trucker Marks 3.5 Million Miles Without an Accident

by Robert N. Katz, Esq.

UPS Trucker Marks 3.5 Million Miles without an Accident

AsAtlanta truck accident lawyers, we constantly come up against negligent truck drivers who have caused a deadly accident by their reckless or impaired driving. That’s why it gives us great happiness when we come across the likes of Ginny Odom.This 59-year-old UPS driver has completed 3.5 million miles and 35 years driven without a single accident.

According to Odom, her feat has been made possible by the training provided by UPS, and some amount of luck. She also says she makes it a point to start her day at 4 am before the highways get busy.

Published on: October 21, 2009

Motorcycle Crash Study Announced by FHA

by Robert N. Katz, Esq.

The Federal Highway Administration has announced the launch of a new study to probe causes of motorcycle accidents, and to help develop procedures and strategies that can prevent or minimize these accidents.

The study will be conducted at the Oklahoma State University’s Transportation Center, and will be the first one in decades. The last such study was conducted in 1981, and resulted in the release of the Hurt Report. The report led to the identification of several causes of motorcycle accidents, and contributed to the development of strategies to minimize or prevent these crashes. However, the findings of the Hurt Report and any effects they may have had on motorcycle safety, have begun to lose their relevance in the nearly 30 years since the report was released. This can be seen in the steady increase in the rates of motorcycle accident fatalities, not just in Georgia, but across the country.

According to the Federal Highway Administration, motorcycle riders continue to remain some of the most highly at-risk groups on our roads. In 2008, approximately 5,300 motorcyclists were killed nationwide in these accidents, which is about 14 percent of all traffic accident fatalities that year. An estimated 177 of those fatalities occurred in Georgia. This was even as accident fatality rates in other groups, like automobile accidents and pedestrian accidents, showed a marked downward trend. According to the Department of Transportation’s Fatality Analysis Reporting System, motorcyclist fatalities increased by 150 percent between 1997 and 2008.

Published on: October 20, 2009

Volvo Announces Safety Goal for 2020

by Robert N. Katz, Esq.

Volvo Announces Safety Goal for 2020 – Accident-Free Cars

Swedish automaker Volvo is based in a country where the transportation department boasts of the lofty goal that no person should be killed or injured using its road transport system. Volvo has now taken that one step further and announced its goal for 2020 – No one should be seriously injured or killed in a Volvo.

As the New York Times Wheels Blog reports, Volvo’s announcement comes just in time for the release of its Volvo S60 in the country in 2009. The car features a new accident prevention system that includes crash warnings with full auto braking and pedestrian detection. According to the automaker, the car is configured to monitor the road using radar and a camera placed inside next to the rear view mirror. The radar detects objects and measures how far the car is from the object, while the camera simultaneously determines what kind of objects these are. If there is a high likelihood of an accident, the driver will see a flashing warning light, and hear an audible warning. However, if the driver fails to slam on the brakes, the computerized braking system will automatically apply the brakes to bring the car to a stop and prevent an accident. While the Volvo XC60, now on the roads, also comes with a collision warning system, it comes with about half of the braking power that the new S-60 has. Volvo has made use of sensor technologies to engage complete braking power.

Published on: October 15, 2009

Three Killed in Stone Mountain Freeway Van Accident

by Robert N. Katz, Esq.

Three Killed in Stone Mountain Freeway Van Accident

At least three people, all employees of Georgia Power, were killed in a deadly van accident on Stone Mountain Freeway on Tuesday afternoon. Six other people have sustained critical injuries.

According to the Atlanta Journal Constitution, a van with 9 people inside was struck by a Dodge Stratus, which clipped the van when it tried to make a lane change. The van flipped over from the impact, and was severely damaged. Emergency crews had to cut through the roof of the van to rescue the victims trapped inside. The critically injured were rushed to Grady Memorial Hospital and Atlanta Medical Center.

Published on: October 14, 2009

Big Rig Crackdown in Chatham County Reveals Maintenance Issues

by Robert N. Katz, Esq.

Big Rig Crackdown in Chatham County, Georgia Reveals Maintenance Issues

A new task force in Garden City, Chatham County is cracking down on truckers to keep unsafe big rigs off the roads and prevent accidents. The first few days of the crackdown have already revealed severe maintenance issues that could place tractor trailer drivers at possible risk of an accident.

Members of the task force know that while a tractor trailer may look like it’s in perfect condition, there may be several maintenance issues that can place the vehicle at risk of an accident. The task force is already seeing some major maintenance problems on some of the trucks that have been pulled over. For instance, they have found trucks with a variety of maintenance issues, including malfunctioning lights, loose straps securing cargo, nearly bald tires with little tread and a host of other issues.

Published on: October 13, 2009

GWINNETT COUNTY COP ARRESTED FOR DUI ALSO INVOLVED IN WRONGFUL DEATH ACCIDENT

by Robert N. Katz, Esq.

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph. The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.