Georgia Injury Law Blog

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.

There have been several other signs of progress since the summit in 2009. Earlier this year, the federal administration banned federal employees from using their government-issued cell phones while driving government-issued vehicles. That was followed by a ban on cell phone use for commercial bus and truck drivers. A new victims’ advocacy organization, established on the lines of Mothers against Drunk Driving, has been set up. The organization is called Focus Driven, and the aim is to lobby for laws against distracted driving across the country. The Department of Transportation now has a website devoted exclusively to distracted driving-related issues. Transportation Secretary Ray LaHood has even taken his anti-distracted driving message to the United Nations, calling on all countries to spur efforts against this menace.

With 6,000 people killed every year and counting, it's clear that distracted driving is this generation's drunk driving. Many motorists are still unconvinced about the accident risks from using a cell phone while driving. That attitude must change. 

The Atlanta auto accident lawyers at the Katz Law Firm represent injured victims of automobile accidents in and around the metro Atlanta region, and across Georgia.

Posted By Lisa Siegel In Texting and Cellphone Use while Driving | 0 Comments Permalink

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.

It's unclear at this early date why Johnson couldn't keep control of his car. There may have been a number of factors involved here. Police will look at the speed of the car that Johnson was driving in at the time of the accident. They will also look at whether he was impaired at the time. Frequently, we see single car accidents caused by drivers distracted by electronic devices. Distractions from use of cell phones and texting devices can be determined by going through cell phone records. However, there could also have been other distractions that only Johnson will be able to confirm.

The Atlanta car accident lawyers at the Katz Law Firm represent persons injured in automobile accidents in and around the metro Atlanta region, and across Georgia.

Posted By Lisa Siegel In Wrongful Death | 0 Comments Permalink

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

Did the children have parents who were affectionate and loving towards them?

Did the parents frequently keep track of what the children were doing outside the home?

It shouldn't come as a surprise to parents or Atlanta drunk driving accident attorneys to learn that children who came from homes where the parents were loving and affectionate, and showed a deep interest in what the child was doing outside the home, had a lower chance of binge drinking. For this kind of parental influence however, it seems important that parents meet both criteria-provide a loving family environment and a strict attitude when it comes to the child's activities outside the home.

Parental influence might not mean much when a child begins to drink. However, it could prevent him from indulging in alcohol excesses, like binging or drinking more than five drinks in a single day. Such kind of behavior is often linked to teen motorist accidents, the number one killer of teenagers in America.

Posted By Lisa Siegel In DUI | 0 Comments Permalink

     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.

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

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.

These tests can also be used to diagnose brain injury in persons who have suffered an injury in an auto accident, motorcycle accident, slip and fall accident, workplace or industrial accident and so on. Preliminary tests conducted in lab rats show that there is a strong relationship between the level of the brain injury and presence of certain brain biomarkers in the animal's blood. There is reason to be very encouraged that we could soon have a device that facilitates speedy diagnosis of brain injury, and therefore, quicker treatment.

The Atlanta injury lawyers at the Katz Law Firm represent injured victims of auto/truck/motorcycle accidents across Georgia.

Posted By Lisa Siegel In Brain Injury | 0 Comments Permalink

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’s acceleration 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.

This week, Toyota retaliated by stressing that it had nothing to do with planting any story in the Wall Street Journal or any other media publication. According to Toyota, it's independent investigations have revealed that so-called ”pedal misapplication” is one of the factors involved in the accident. “Pedal misapplication” is Toyota's way of saying driver error was to blame for the accident. The company seems to be trying to build a case to blame motorists for all these accidents, and not any defects in the floor mats, accelerator or the electronic throttle control systems.

It has not been a great week for Toyota. On Tuesday, a federal grand jury subpoenaed Toyota, and ordered it to submit audit records related to steering rod defects in a 2005 recall. That comes after a federal investigation into the delay in announcing the recall. The company had recalled several models including the Toyota 4Runners from the Japanese market in 2004, for steering rod defects. The company insisted that the same problem did not exist in American Toyota models, and that there was no reason for a recall here. However a few months later in 2005, Toyota recalled approximately 977,000 vehicles in the US for the same problem.

The Atlanta personal injury lawyers at the Katz Law Firm represent injured victims of car/auto/truck accidents in the Atlanta area and across Georgia.

Posted By Lisa Siegel In Product Liability | 0 Comments Permalink

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.

It's not just Atlanta. Across Georgia, several communities are benefiting from reconstructed highways, improved roads and bridges and other transportation projects. It's all being done in the name of economic recovery, but as Atlanta car accident lawyers who know the importance of safe transportation for our citizens, we couldn't be happier about it

Posted By Lisa Siegel In Bridges | 0 Comments Permalink

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.

They have their reasons for this refusal. According to them, there is just too much risk to a patient with the implanted device, if he's too close to a high-power transmission. For instance, if a person with the implanted device is around whenever there is a live television broadcast using up bandwidth, a high-power transmission could cause havoc with the device. The foundation insists that this isn't a problem, and that the device can resist dangerous interference.

The Federal Communications Commission and the National Telecommunications and Information Administration are caught in the middle of the tussle. Obviously, this isn't an easy decision for them to make. There are also some still unidentified risks associated with allowing the technology to use the bandwidth. However, if some way is found out of this impasse, then thousands of spinal cord injury victims across Georgia will be able to regain movement again. That should be enough reason for accident lawyers in Atlanta  to support progress on this matter.

Posted By Lisa Siegel In Spinal Cord Injury | 0 Comments Permalink

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.

Apart from parental influence and interventions by doctors, there don't seem to be any other programs or measures that can seriously reduce alcohol excesses.

Posted By Lisa Siegel In DUI | 0 Comments Permalink

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. 

It's important to remember that it might be the first time that you have been involved in a truck accident, or even any accident. However, for the trucking company, dealing with injured victims of accidents involving their vehicles, is part of their daily work. These companies have much more experience dealing with truck accident victims like you, than you have dealing with a large company or their experienced attorneys. That's the reason why you need an experienced Atlanta truck accident attorney on your side.

Posted By Lisa Siegel In Truck Accidents | 0 Comments Permalink