Georgia Injury Law Blog

Last month, we reported that Georgia’s drivers ranked poorly in a survey of motorists based on their knowledge of safe driving practices. As it turns out, motorists in the state's capital may not only be lacking in their knowledge of safe driving, but may also be aggressive to boot.

According to the Atlanta Journal Constitution, a new survey has placed Atlanta among the five worst cities in the country as far as road rage and aggressive driving are concerned. Drivers in New York are reportedly the worst, with Dallas Fort Worth, Detroit and Minneapolis-St. Paul following. What that means is that motorists in these cities and Atlanta are more likely to tailgate or make rude gestures, weave in and out of traffic lanes and indulge in other forms of aggressive behavior.

Road rage incidents are more common in metropolitan cities that have busy roads. Congested roads mean traffic delays, and consequently, frayed tempers.

Yelling and making rude gestures may not seem dangerous, but when the angry motorist tries to run a vehicle off the road, or cut him off, things can quickly begin to get very serious. Accidents can easily occur when motorists are involved in displays of temper on the street.

Bicyclists and pedestrians are more likely to be victims of road rage. There is lesser awareness about the rights of these people, and it becomes easy for a motorist to vent his anger and frustration on a bicyclist in front of him.  

An aggressive driver may:

• Put high beams on drivers who cut him off
• Not allow drivers to merge
• Run red lights
• Pass slower drivers and cut in front of them
• Make rude gestures
• Not allow drivers to pass

These are a motorist's way of insulting other motorists that can definitely prove dangerous. If you find yourself on the street with another motorist who is behaving aggressively with you:

• Ignore the insults.
• Slow down your vehicle, or take the next exit to avoid the aggressive driver.
• If you find the motorist still following you, try to pull into a safe area where he isn’t able to harm you, like a police station.
• Avoid reacting to the other motorist' angry behavior.
• Avoid eye contact with the motorist.
• Avoid trying to talk with the motorist to diffuse the situation -it only makes things worse.

Our Atlanta car accident lawyers have come across several cases of accidents that were set off by one of the motorists' aggressive driving. The important thing to remember when you are dealing with a driver in the throes of road rage is that he is a total stranger, and could be drunk, on drugs, have a weapon in his car or could simply be itching to pick up a serious fight with you.   None of these situations are safe for you.

So, where do you find the nicest drivers in the country? Head to Portland, followed by Cleveland, Baltimore, Sacramento and Pittsburgh.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

 

A survey by GMAC Insurance confirms what Georgia car accident lawyers have known for very long - the state's drivers are not too solid in their knowledge of traffic rules. 

The questionnaire consisted of a set of 20 questions from actual driving tests from the Department of Motor Vehicles. Drivers across the country were questioned on their knowledge of driving and traffic rules. The survey ranked drivers in Georgia at near the bottom of all the states. Seventy percent constituted a passing grade on the test. Drivers in Georgia scored an average of 72.2 percent. Thirty-four and one half of Georgians surveyed failed the test. That's more than a third of surveyed drivers.  The average test score results this year were lower than last year's.

Respondents who took the test seem to have had the most problems with yellow lights and the minimum distance to be kept between vehicles. California, Hawaii, New Jersey and New York ranked below Georgia, with New York ranked at the absolute bottom. The best drivers apparently are in Idaho and Wisconsin. 

Other findings from the survey were also interesting:

• Older drivers were likely to have a better knowledge of traffic rules than younger ones.
• The southern states had the highest failure rates at 41 percent, while the Midwest had the lowest failure rates at 15 percent.
• Men seemed to score higher than women, but the disparity isn’t that great – 87 percent for men and 80 percent for women.

Knowledge of traffic rules and the ability to follow them is an important part of road safety. People will argue that answering questions about road rules does not necessary speak for a person's driving abilities. However, knowledge of the meaning of signage, knowledge of other motorists' rights when you share roads with them, as well as the rights of pedestrians, and bicyclists, and other rules is important to prevent car accidents.  

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

 

Fourteen people have been killed in accidents across Georgia over the Memorial Day weekend, including fatal accidents in Cherokee County and Fulton County.

Reports coming before the Memorial Day weekend came to a close to Monday night, had more than 700 people injured in automobile accidents since the holiday began on Friday evening. Overall, Georgia State Patrol responded to more than 2,700 accidents up till 6 pm Monday.

Four of the people who died were traveling in Fulton and Cherokee County. In Fulton County, a motorcycle accident left the 37-year-old motorcyclist dead at the scene. Speed is believed to have caused the accident. A little while later a Honda and a Suburban crashed, killing the Suburban driver. In Cherokee County, a Ford Taurus veered off the road on Highway 20 and crashed into a tree. A driver and a passenger, both Emerson residents died at the scene, while another passenger was airlifted to hospital with critical injuries. Investigators believe driver error and weather conditions may have been a factor in that crash.

Last year, Memorial Day accidents had left 16 people dead and injured more than 900 people. Earlier this week, we reported that Georgia authorities were expecting an increase in the number of accidents this year. This year, gas prices have stabilized and could coax more people behind the wheel, unlike last year when the spike in gas prices led to a drop in the numbers of people traveling in Georgia.

There was some good news coming in from Georgia's lakes and rivers. According to the Department of Natural Resources, there were no fatalities on the state's waterways over the weekend. There were ten boating accidents in the state, which resulted in 7 injuries. However, that might have been due to the rainy weather conditions that could have discouraged people from going out in the water.

If you have questions relating to accident claims, consult a Georgia car accident lawyer at the Katz Law Firm. Our attorneys can provide the answers to your questions.

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Before Friday's tragic car accident, South Cobb High School teacher James Chapman was looking forward to a life of wedded bless.

Chapman was due to be married on the 4^th of July in Rome, and had been on his way to New Orleans to celebrate his upcoming nuptials. He was driving with his friend Keith. Both had just finished the last day of school at South Cobb High School where Chapman taught Social Studies and coached a baseball team. Chapman’s car collided head-on with a car driven by 74-year-old Homer Phillips in the southbound lane of Interstate 59. Phillips seems to have been driving the wrong way in a pickup truck, when he crashed into Chapman’s pickup. Phillip's vehicle then hit another car which rolled over. Both Phillips and Chapman were killed at the scene.

According to police, Phillips was not under the influence of alcohol. They don’t know yet why he was driving the wrong way.

Georgia law enforcement is constantly enforcing seatbelt use through their Click it or Ticket campaign, and Atlanta car accident lawyers have supported the campaign to keep Georgians safe.   The deaths of these two men simply underscore the importance of that message. Neither of the victims was wearing a seatbelt at the time of the crash. However, Chapman’s friend Keith as well as the driver of the third car that overturned, were buckled up safely, and survived the crash. Chapman’s body has not yet been brought back to Cobb County. Students and staff at the school are planning a fitting way to honor his memory.  

Wrong way driving could be the result of drunk driving. Alcohol use can leave a person with more than just a feel good buzz – it could leave him confused and even disoriented, leading to fatal driving errors. Often wrong way driving is the result of a serious error. According to analysis by the National Highway Traffic Safety Administration, every year 350 people are killed in accidents traced to motorists driving in the opposite direction on the highway. According to studies, a majority of wrong way drivers avoid a car accident by simply correcting their mistake, turning around and traveling in the right direction.

Nationwide, there are few concerted efforts to prevent drunk driving, but individual states do take it on themselves to enhance signage and ramp design, and undertake road striping to prevent the problem. In Georgia, plenty of research has been done on wrong way driving dating back to the 1960’s. Georgia uses "Do not enter” and “Wrong Way” signs as warnings to motorists.

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A man from Sandersville in Washington County died last week when his truck crashed into a tractor trailer. According to Georgia State Patrol, the victim David Perry Williams was driving a pickup and following the 18 wheeler. As the tractor trailer slowed to make a turn, the pickup struck the rear of the trailer, killing Williams instantly.

Georgia State Patrol troopers believe that Williams likely fell asleep at the wheel. There was no indication at the accident scene that he had attempted to stop the pickup. Williams wasn’t wearing a seatbelt, but considering the massive impact of the crash, troopers believe that a seat belt wouldn't have helped. According to witnesses at the scene of the crash, Williams had just finished his third shift at work, and was on his way home.

It appears quite likely that Williams was suffering from a severe lack of sleep because of his hectic work schedule. We should be as concerned about car accidents that occur when a motorist falls asleep at the wheel, but somehow, as New Jersey personal injury lawyer Scott Grossman says, drowsy driving is not taken as seriously in the country as driving under the influence of drugs or alcohol.

This can be seen in our lack of effective legislation against driving while fatigued, as well as the fact that Atlanta car accident lawyers see more cases of drunk driving accidents than crashes resulting from driving while fatigued. The reason for this could be that, as the National Sleep Foundation says, drowsy driving is vastly underreported. As of now, New Jersey is the only state in the US to have laws against drowsy driving. In Georgia, a driver who falls asleep at the wheel and causes a fatal accident can face charges of second degree vehicular homicide. In case of a non-fatal accident, the drowsy motorist could face charges of distracted driving, but that's about it.

Being deprived of sleep may cause delayed responses and impaired judgment similar to those experienced while a person is under the influence of alcohol or drugs. It's about time we took the matter seriously, and urged our lawmakers to pass tougher laws that prevent motorists from getting behind the wheel in a fatigued state.  

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Georgia State Patrol is expecting an increase of 29 percent in the number of fatal accidents over the Memorial Day weekend. Troopers are expecting 2,725 accidents over the weekend, which begins from 6 pm Friday and runs through midnight on Monday. These crashes are expected to result in eighteen deaths, while 875 people will be injured.  In 2008, fourteen people had died, and 721 had suffered injuries in 2,480 Memorial Day holiday accidents.  

Law enforcement officers are gearing up to handle the increased volumes of traffic starting from Thursday. Additional police officers will be patrolling the streets to crackdown on motorists for speeding, and conducting sobriety checkpoints to keep drunk drivers off the roads. Additionally, there will be other safety campaigns, including the "Click It or Ticket" campaign to enforce seat belt use, as well as the 100 Days of Summer HEAT campaign that kicked off earlier this month. HEAT or Highway Enforcement of Aggressive Traffic will crack down on dangerous drivers across the state. The HEAT campaign is a comprehensive drunk driving, speeding and aggressive driving campaign that involves all law enforcement agencies.

Holiday weekends are unfortunately more at risk for a greater number of automobile crashes including drunk driving accidents, and speeding-related crashes.  With lower gas prices this year, it won't be too surprising to find more numbers of Georgians on the streets. Initiatives like the one the Governor's Office of Highway Safety is implementing are necessary to ensure that a joyous time isn’t marred by accidents and injuries. This year, Georgia State Patrol expects the same risk factors in a majority of serious or fatal accidents – alcohol use and failure to wear seat belts.

As people across Georgia get ready to travel over the holiday Georgia personal injury lawyers would advise everyone to drive at safe speeds, avoid driving while drunk, and buckle up to stay safe.

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Law enforcement agencies in the state have launched a campaign to encourage seatbelt use among Georgia drivers to prevent serious accident-related injuries, especially those occurring on rural roads. It is a shift from previous efforts that focused such enforcement in urban centers, and it has to do with the dismal picture of seatbelt use in rural areas.

According to Governor's Office of Highway Safety deputy director Spencer Moore, rural roads are some of the most dangerous ones, but seat belt usage here is much lower than in urban centers. In 2008, drivers in urban areas in the state were 84 percent likely to buckle up, while in rural areas, that percentage was 79. The discrepancy in seatbelt usage in urban and rural areas is clear to see in the accident fatality rates in these regions. In 2007, 342 people died in automobile accidents in the five metro Atlanta counties. During the same period of time, 527 died in accidents in Georgia’s most rural counties.

Seatbelts save lives. While those higher fatality rates on rural roads may have to do with other causal factors like a shortage of trauma centers in these areas, seatbelts can prevent the kind of critical injuries that result after serious accidents.

The seatbelt campaign, which will both encourage motorists to buckle up as well as enforce existing seatbelt laws, is relying on the slogan “Georgia is Buckle Up Country”. The state's "Click it or Ticket" campaign will drill that message home in rural areas, where motorists tend to drive slower and may underestimate the need for seatbelts. The campaign will run through Memorial Day, and law enforcement officers promise they will be liberal with the tickets. Officers will be patrolling the main roads as well as back roads during the summer, when driving traffic tends to be intense.

It doesn’t take rocket science to figure out that the simple act of fastening a seatbelt can prevent serious injuries in an accident. With summer almost upon us and people ready to travel on holiday, the seatbelt campaign looks set for success. As Atlanta car accident lawyers, we would like to add their voice to the campaign - Buckle up, Georgia. It could save your life.   

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Motorists in Georgia can look forward to repaired highways and safer streets that will reduce the risk of accidents. Governor Perdue last week approved $187 million from federal stimulus funds, which will be used in up to 51 road construction and repair projects in metro Atlanta.

In April, the governor approved $207 million to be spent on highway projects, and these recent funds are in addition to those funds.  All in all, Georgia is scheduled to receive $931 million for road improvement projects. Work on highways is expected to begin by summer. According to the Department of Transportation, there are dozens of projects that were in line for funds, but only those that are in poor condition or have had a high incidence of automobile accidents have been marked for construction work. 

Here's where some of those funds will go:

• The repairs of I-575 alone are expected to cost $29 million.  That particular highway was in severe needs of funds for maintenance and other work. 
• DeKalb County will spend $23.6 million for upgrades of intersection signals, pedestrian upgrades, paving and other projects.
• Gwinnett County, which received $42.7 million in April, is scheduled to receive more than $19 million this time around. That's partly because the County has been able to keep road construction efforts moving with its own money while the federal funds arrived.
• Wilkinson County is due for the biggest allocation from the list - $48 million to build a section of the Fall Line Freeway there.

Several other highways have been due for repair work for a while now, and as Atlanta car accident lawyers, we're pleased to see proposed enhancements that can only make these highways and bridges safer for use. These projects were stalled while the state grappled with a budget deficit, and counties were unable to generate the revenues needed to kick start projects. With massive stimulus funding now, there is no reason why most of these projects can't be started as soon as possible.

With safer highways, paved roads, pedestrian upgrades, an increased number of signals at intersections and other enhancements, motorists in Georgia can look forward to a safer accident-free driving experience.

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The National Highway Traffic Safety Administration will soon have a new standard that promises to reduce injuries caused in car and light truck accidents.

The new standard will require the roofs of these vehicles to be able to withstand three times the curb weight of the vehicle. The old standard required the roof to withstand pressure that was only one and a half times the curb weight. That's not the only change auto safety advocates and Atlanta car accident lawyers are happy about. The earlier standard placed a limit on the pressure applied to a vehicle during testing at 5,000 pounds. The new standard will no longer have that limit. Beside, pressure will be applied to both sides of the roof, and not to just one side during testing.

The changes and standards have pleased safety advocates, because these are much stronger than current standards that only test one side of the roof. The new standards come after about a decade of studies and research by the NHTSA. In 2005 , the agency was ordered to establish standards that would help protect drivers and passengers in rollover accidents. According to agency statistics, approximately 10,000 people die in such car accidents every year. Two thirds of these people die when they are ejected from the vehicle. The number of people who die because of a roof crush or collapse is 667. The agency believes that the new standards will save 135 lives every year, and prevent more than 1,000 injuries.

The new standards cover passenger cars, but not full size pickups and sports utility vehicles that are more than 6,000 pounds in weight. Vehicles that weigh between 6,000 and 7,000 pounds are subject to different standards - they must withstand pressure that's 1.5 times the vehicle's weight. Large 12 to 15 seater passenger vans and convertibles are not subject to the new standards either.  

Driver’s lack of attention and negligence continue to be the primary reason for an overwhelming majority of car accidents in the country. However, motorist and passenger safety also depend on the safety of the vehicle. The role of roof collapse may not be as heavy as that of passenger ejections during a rollover, but any improvements that can be implemented to make cars safer are more than welcome. We deserve an auto safety agency that works to enforce stronger standards on auto manufacturers.

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An investigation by CBS, Atlanta in April exposed a Roswell-based car dealership that concealed accident damage on the vehicles they sold, with sometimes disastrous consequences.

The dealership Ultra Cars, the investigation found, used to purchase cars that had frame damage at auctions, and sell these to customers. Those earlier car accidents were not reflected in Carfax reports, and gullible customers who walked into the dealership had no way of knowing that the car they were buying had earlier been in a major wreck. Frame damage can affect the structure of the car, and consequently its safety. The damage can decrease the value of a car and investigations revealed that salesmen at Ultra Cars didn’t reveal to customers the fact that the car had suffered accident damage earlier. At least one Ultra Car customer who was sold an accident-damaged-car has been involved in an accident. Keith Newton survived the crash, but the accident could have had fatal consequences. Later, he found that the car he had been sold had only been given a cosmetic patch-up job to cover major damage sustained in an accident.

The dealership has now closed down, but not before selling their vehicles to another dealership nearby. With most of Ultra Car's vehicles sold to a new owner, the dangers from these cars haven’t disappeared yet.

Cars that have been badly damaged in an accident can place the driver at a high risk of sustaining serious injuries. The body of the car has already been rendered weak by the earlier crash, and it could easily crumple during a second impact. The air bags may not deploy, and there may be other problems that place you at risk of an accident. The injuries caused by a weak frame can be devastating. You're talking about the frame of car, the main line of protection for you during impact. If the frame structure collapses during an accident, it leaves you with absolutely no protection for the severe injuries that are almost certain to occur.

Being in a car accident can bring up several questions. An Atlanta car accident lawyer can help provide answers to all your queries.

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A tragic car accident on Rockbridge Road in DeKalb County has killed two people, including a teenager.

According to this report, a car carrying six teenage boys crossed the center line and crashed into a Toyota Corolla, driven by 43-year-old Lisa Hutchinson. She died instantly. Her daughter was in the car with her, and suffered a broken collar bone and at least two fractures. The driver of the other car, a Honda Accord, also sustained injuries. One of the occupants of that car, 16-year-old Benjamin Bynum was also killed.  All the teenagers, students at Stephenson High School, have suffered minor injuries.

The 16-year-old driver is likely to face charges. According to police, alcohol doesn’t seem to have been a factor in the car accident. 

On the subject of teen-related car accidents which we have discussed at length on this blog, we also came across this letter written by a Dawson County coroner and funeral home owner to the Dawson News and Advertiser.  In it, Ted Bearden speaks eloquently of the heartbreakingly high number of accident deaths involving teens that he has been seen over the last couple of years. Most of these deaths, he says, are because the driver was speeding, or not wearing a seatbelt. Bearden appeals to families of young drivers to constantly remind them of all the responsibilities that come when you're driving a vehicle.

Teenagers must be made aware of their responsibilities when they are behind the wheel. Teen driver education at home cannot be something that's left only for when there's a serious accident in the community, and you sit your high schooler down for a heart-to-heart about safe driving, only to forget all about it until the next serious crash happens. Teenagers have busy lives and a thousand different things going on in their minds at any single time. Talking to them constantly and repeating the message over and over as often as you can, helps drill the point home. As Atlanta car accident lawyers and parents, we believe it’s an effort that’s worth making.

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Police in Fulton County arrested the driver of BMW that was involved in a fatal car accident on Easter Sunday. The car accident killed Robert and Delisia Carter, their nine-year-old daughter Kayla, and their two month old son. A six year old child in another car was also killed in the multi vehicle accident.

The Carters had been out for an Easter Sunday drive when a BMW crashed into their car, and then struck a Volkswagen. The Mercedes burst into flames, killing the family inside. The driver of the Volkswagen, Tracey Johnson sustained serious injuries in the accident. Her six-year-old daughter was also killed.

The BMW fled from the scene of the accident. Fulton police had been looking out for the driver since Sunday. This morning residents of Walden Park in south Fulton County woke up to find that one of their neighbors, 22-year-old Aimee Michael was the driver of the BMW involved in the tragic Easter crash.

Michael has been arrested and charged with 5 counts of homicide by vehicle, failure to maintain lane and causing serious injury by vehicle.

Delisia Carter was a popular inspirational speaker, whose life echoed the inspiring message she gave others. The product of an abusive childhood, Delisia survived a violent marriage to find happiness the second time round, when she married Robert. She had a daughter from her first marriage. The couple had recently become the parents of a baby boy in February. Those who knew her said she had finally found joy, and had never been happier.

All it took was a negligent driver on Easter Sunday for all that to come crumbling down. Meanwhile, Tracey Johnson is still recovering from the serious injuries she sustained in the car accident. Making recovery tougher for her will be the knowledge that her little girl did not survive the crash.

All it takes for a driver to make a potentially fatal error on the road is a distraction. It could be a quick text message on the phone, reaching to change the CD or open the wrapper on your snack. Driver distractions are responsible for close to 25%of accidents that occur in the country.  While a minor distraction may not seem like such a big deal, Georgia personal injury lawyers who often see the consequences of such distractions, know better.        

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Raging storms lashed Atlanta and much of north Georgia over the weekend, and several accidents were traced to the poor weather, including one fatal car accident that left one man dead.

Pickens County resident, Raymond Jones was killed when a tree fell on a car on Nacoochee Drive in Atlanta. The car quickly caught fire, and Jones was killed at the scene. Across metro Atlanta, trees and power lines collapsed, creating scenes that were ripe for automobile accidents. Other accidents were reported from Cobb County where a car was struck by a falling tree. Forsyth County saw several boats damaged during the storm, and a collapsed dock. However, there were no serious accidents reported. Power outages were widespread across North Georgia, and with a forecast of more rain in the next couple of days, we can expect the bad weather to continue.

Driving in adverse conditions is one of the most series challenges for a motorist. The existing problems involved in negotiating heavy traffic and avoiding pedestrians and bicyclists, are only compounded when you have to deal with strong winds, heavy rains, snowfall, hail or fog. Wet and slippery road can leave vehicles at risk for skidding accidents or rollovers that can lead to serious injuries. Howling winds and the sound of the rain can make it harder for a motorist to hear the horns of other drivers nearby. Water on the road can spray on the windshields of other vehicles nearby, impacting their ability to see clearly. The risk of hydroplaning increases when you are driving at excessive speeds on a wet highway. When there is excessive water on the road and you are driving at 55 mph - which could be the normal posted speed limit on the road - you run the risk of the tires losing contact with the road surface.

 

Atlanta personal injury lawyers advise the following tips when you set out to drive in poor weather.

• Slow down.  The posted speed limits may be too risky for wet weather.
• Keep a safe distance between your vehicle and the vehicle in front.
• Look out for steep curves ahead that can be harder to navigate in bad weather.
• Before you set off, make sure that your car is primed and prepared to take on the lousy weather. Check the windshield wiper fluid and wipers, battery, tires and headlights. The elements can be cruel to an unprepared car and driver.
• Be alert, especially at intersections and other risk spots.
• Check the weather report before you set out. If the weather looks like it's going to get worse, not better, take another route, or postpone your journey.
• Keep your vehicle stocked with an emergency kit, including food, water, and other essentials. You'll need these if the weather gets worse, and you're stranded on the road.

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In February, we had expressed hope on this blog that a bill to make seatbelt use mandatory for pickup truck drivers would be passed by the House. Unfortunately, that hasn't happened. For the third consecutive year, the House has rejected the measure that would prevent several accident related deaths every year, with the House Consumer Affairs Subcommittee voting 4-3 against the bill.  

With this, Georgia continues to remain the only state in the country that exempts pickup truck drivers from buckling up. This has meant that the seat belt use rate for pickup drivers in Georgia has remained at around 79 percent, much lower than it is for other passenger vehicles. Pickup trucks are used extensively in rural Georgia, and the seat belt exemption has also contributed to higher fatality rates in rural areas than urban centers. Close to 57 percent of all road traffic fatalities in the state occur on rural roads. In fact, the fatality rate in rural areas is twice that in urban areas, and pickup truck drivers form a large percentage of these fatalities. Even worse, of these pickup truck fatalities, more than 67 percent were not wearing seat belts at the time of the crash. Experts estimate that at least 26 lives could be saved in Georgia every year, and more than 400 injuries could be prevented if pickup truck drivers too were covered under seat belt laws.

Even in the face of such data, Georgia has delayed making seat belts mandatory for pickup drivers above the age of 18. The bill's supporters, including Georgia personal injury lawyers have been vocal in their support for such a measure, but these voices have gone unheard by the House. There has been widespread support of seat belt laws for pick up truck drivers. In fact, surveys have shown that more than 88 percent of the population of the state supports making seat belt use mandatory on pickup trucks. In fact, the support for such a bill is strong even in rural areas, with truck drivers voicing support for such laws. Yet, the state has failed to act. 

Georgia has also lost out on federal funds because of this stubborn refusal to bring pickup drivers under seat belt laws. Federal funds are available to states that have mandatory buckling up laws for all motorists and Georgia's refusal to enact such laws has meant that we have lost out on funds that would have been very welcome during a budget deficit.

This is not the end of the road for the bill, of course. Supporters of the bill have already said that they will re-introduce the measure another day.   

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Electronic stability control, side impact airbags, neck restraint systems – these are just some of the high tech, innovative, auto safety features that manufacturers have developed and improvised to near perfection in recent years, in an effort to reduce the number of car accidents and injuries caused by vehicle collisions. Although these are becoming popular with car buyers, they are far from standard on all passenger cars, which means that motorists who wish to have these features in their vehicles should be prepared to shell out extra dollars for them.

The New York Times has this story on how some of the most ballyhooed car safety features continued to be optional on several car models. Electronic stability control (ESC) systems are one of the most impressive new auto safety technologies to make it out of R&D facilities in recent years. The system makes use of computerized sensors that can tell when a car is in danger of losing grip of the road. When a potential loss of traction is detected, the system automatically applies the brakes so there is no loss of control. Cars may be especially prone to skidding or loss of control when they turn at high speeds, or accelerate or brake suddenly. Loss of control in such instances can cause the car to roll over, exposing occupants to serious injuries. With an ESC system working in your car, the risk of an accident is dramatically reduced.

ESC systems will be standard on all vehicles by 2012. They are currently very popular with buyers who will pay extra for an ESC system if it is not included as part of a standard features package. However, in times of a recession, paying extra, sometimes up to $ 2,000 extra for a package that includes an ESC system may not be in every buyer’s budget. In times of economic turmoil, it's more important than ever that automakers design their cars with a view to minimizing accidents and injuries that take a heavy economic toll. Like David Champion who is the senior director of automotive testing at Consumer Reports says, manufacturers shouldn’t be making it more expensive for buyers to access proven safety gear like ESC systems or side impact airbags.

Automakers are bound by a number of factors when they introduce combinations of features in new models, and the cost of production does play a huge part. It’s cheaper to produce cars with combinations of limited features that offer buyers lesser variety in features, but help to control manufacturing costs.

Driving a car that's safe and equipped with all safety gear that will protect you and your family from an accident and minimize the risk of severe injuries in the event of a crash, should not be something that depends on your purchasing power. Times are tough, and as Georgia car accident lawyers who regularly represent victims of serious accident related injuries, we believe consumers shouldn’t have to choose between safety and their budget.

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Blame the economic meltdown if there are more automobile and pedestrian accidents in DeKalb County in the coming years. The County is facing a severe funds crunch, and road repair and building projects are expected to suffer as a result.

DeKalb County last year spent $19 million on construction of new roads and sidewalks, and undertaking bridge repair. This year, that amount has been drastically slashed to $5.5 million. Every year, the County invests heavily in street repavement efforts that ensure that motorists drive not just efficiently, but also safely. Investments in previous years have gone into building sidewalks, so pedestrians can walk safely without fear of accidents, and constructing of new medians that can allow vehicle movement on roads to flow smoothly and prevent crashes. In previous years, funding from the road building budget has been used to install new streetlights that can reduce nighttime accidents. All these efforts are expected to suffer this year as the County struggles with balancing the shortage of funding, with numerous road and sidewalk repair, construction and improvement projects that it needs to undertake.

It seems like the financial meltdown and the economic crisis will begin pinching DeKalb County residents where it really hurts – their safety on county roads. You know there's a meltdown in full swing not only when unemployment figures are up, but also when a cash shortage is obstructing efforts to make our cities and roads safe for all. Road building and repair efforts are necessary every year to repair eroded and battered stretches of road that can expose motorists to risk for automobile accidents. For instance, when traffic safety programs are cut because of funding shortages, you end up with battered and faded street signs malfunctioning street lights, uneven road surfaces that pose a risk of loss of control and rollovers, and other road defects that can cause accidents. Besides, during a recession, county authorities are also forced to cut down funding for the redesign of dangerous roads that may place motorists at an increased risk of collisions.

With the financial meltdown showing no signs of abating, take it from this Atlanta personal injury lawyer who's seen her share of accidents caused by defective roads – during tough times, it falls back on motorists, pedestrians, bicyclists and motorcycle riders to make efforts to ensure their own safety. Keep within speed limits, avoid stupid driving behaviors like drunk driving, or using a cell phone when you drive. Pedestrians must be additionally careful, and avoid walking into oncoming traffic or crossing anywhere they please.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

There's a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim's right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant's lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim's failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim's right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant's negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant. That defeats the purpose of civil justice.

Seatbelts save lives - I think we all agree on that. Enforcing the use of seatbelts and making them mandatory for all vehicles has been something that we as Georgia car accident lawyers have stood up for. But to allow a seatbelt violation to be used to practically gift a negligent motorist a free pass, is something that we should strongly oppose. 

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

Georgia's pickup truck drivers look set to begin buckling up compulsorily as the state's senate passed a seatbelt law last week that will require all pickup drivers to wear seatbelts while they are driving. The senate passed the bill by a vote of 49-4. It will now move on to the House, where it hasn't fared too well the last few times it made it there. Rural and agricultural interests have long argued that the seatbelt law is unnecessary, and that it will "hinder farmers." Legislators who support the law say that any concerns about farmers and the inconvenience to them are simply overblown. 

Legislators who support the bill estimate that it could possible save as many as 105 lives a year in automobile accidents. Besides, there's the little matter of a grant of $4.6 million that the state would be eligible to receive from the federal government if the bill actually becomes law. Georgia is grappling with a massive budget deficit, and the lure of a grant could be the deciding factor when House members vote for or against the bill. For now, House members have been non committal about their response to the bill. Governor Purdue too hasn’t made a commitment to supporting it

Georgia still remains behind most states as far as mandatory seatbelt laws are concerned, even though pickup drivers themselves have been vocal in their support of any such law. So far, these drivers have been exempt from having to buckle up compulsorily, and this has not only cost the state that $4 million grant, but also hundreds of lives that could have been saved every year by the simple act of buckling up. These pickups can cause their unrestrained occupants serious injuries in the event of an accident. Across the country, states have adopted mandatory seatbelt laws, and the impact on their fatality rates has been clear to see.   The increasing rates of seatbelt use and stricter enforcement of seatbelt laws by traffic police has been cited as a possible reason why the accident fatality rate across the country is declining the way it is.

As Atlanta car accident lawyers, we constantly see the severity of injuries caused when an accident victim wasn’t buckled up safely, and for this very reason, have been advocates of mandatory seatbelt use for all, without exemption.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

In a tragic pedestrian accident, 7-year-old Cameron Dunmore was struck and killed by an SUV, while he was crossing on a crosswalk near his school, Princeton Elementary School in DeKalb County on Monday. The second grader was at a marked school crossing, and the guard even had the Stop sign out for drivers to see. The SUV driver, a parent of another child at the same school, failed to stop for unknown reasons, and struck Cameron. Now, reports suggest that a missing traffic light which was recently removed from near the school could have played a preventive role in the accident.

According to residents of the area, they had written a letter to County authorities about the missing traffic light, and the need to have it installed back at the spot as quickly as possible. The area is a school zone, and can be extremely busy, especially during school opening and closing hours. The Country authorities seem to have slept on the matter. There was an assessment made of the zone, and not much happened after that. Even the principal of the school had been contacted by parents who were afraid that speeding cars and high traffic at busy times could cause an accident. County officials have not yet confirmed if they received any complaints from parents about the lack of a traffic light near the school, or whether they plan to install a light at the spot.

Investigations into the crash will likely look at several factors that may have contributed to the accident. For instance, why didn’t the SUV driver stop at the crossing? Did the County receive a petition to install a light, and if yes, why were these pleas ignored? Depending on the answers to these questions, liability for this pedestrian accident fatality can be ascertained.

At the Katz Law Firm, our Atlanta pedestrian accident attorneys have represented several victims of pedestrian accidents, and recovered fair compensation for them. If you or a loved one has been injured in a pedestrian accident, contact an Atlanta pedestrian accident lawyer at our firm to discuss your case.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

A Forbes report presents a fascinating look at accident fatality statistics, going beyond the usual cut and dry numbers. Using data compiled from the National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety and the Traffic Safety Center at UCB, the report provides a breakdown of the most dangerous times for motorists to be on the streets, and the data is just as apt for Georgia as it is for other states.

Saturday happens to be the most dangerous day of the week, which isn’t surprising because this is part of the weekend, with a higher risk of drunk driving. August is the most dangerous month of the year, and the hours between 5 and 6 pm are the most dangerous minutes to be on the road.  The first day after a snowstorm increases your risk of an accident-related fatality by 14 percent, and if you escape an accident on Thanksgiving, there's reason to be doubly grateful because the weekend is the most hazardous time of the entire year to be driving. The Fourth of July tends to be the most dangerous day of the year.

This doesn't mean that merely being on the roads during these dangerous times is enough to up your risk factor. Simple acts like wearing seat belts and driving within posted speed limits markedly reduce a person's risk of being involved in an accident. People who were talking on their cell phones were up to four times more likely to meet with an accident. Drinking and driving was, not surprisingly, another factor in causing accident-related deaths.

The safest times to drive are middle days of the week like Tuesdays and Wednesdays, and the safest hours are between 3 and 4 in the early morning.

At the Katz Law Firm, we constantly represent victims of automobile accidents who have been injured because of another motorist's negligence. If you have been injured in an accident, contact an Atlanta car accident lawyer at our offices to discuss your case.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

Georgia's ongoing budget crisis may actually be a blessing in disguise for the state's motorists – the state has an incentive for passing seatbelt laws that come in the welcome form of a $4 million federal grant, which would not only add to the state's depleted coffers, but also reduce the number of accident-related fatalities in the state.

The state is the last one in the country that continues to allow pick up truck drivers to drive without seatbelts. All minors and adults are required to buckle up on other vehicles, however. This pick up truck exemption has come in the way of a fund of $4 million which the federal government has tied to a state's enactment of seatbelt laws. Georgia however has stubbornly refused to make it mandatory for pick up drivers to snap on their seat belts, and has lost out on the funding, thus far.

Now however, the situation is markedly different, and cries for mandatory seat belt laws that can help save thousands of lives a year, are getting louder. One of the weapons in the armor of proponents of making seat belts mandatory on all vehicles without exception, is of course the $4 million grant that the state would receive if it passed these laws. The state currently faces a budget deficit that is set to exceed $2 billion, and with the economy in the shape it's in, there's no telling how deep the deficit could go.

It's not as if Georgia has been in the dark about the important role that seatbelts can play in preventing major injuries and deaths in automobile accidents. According to the National Highway Transportation Safety board (NHTSB), mandatory buckling up for all motorists in the state would save at least 21 lives in Georgia, and prevent more than 300 injuries every year. Atlanta's car accident lawyers who often get to see at close range the kind of crushing and destructive injuries when drivers and passengers who have not buckled up are thrown against the windshield, have long called for mandatory seatbelt laws for all drivers. Yet, legislators have been stubborn about enacting such laws. According to lawmakers, buckling up is a basic safety measure, and drivers should be able to do so without a specific law that tells them to do it. 

Across the country, the last vestiges of resistance to seatbelt safety laws are falling. Indiana, which once held out against mandatory buckling up for all, enacted mandatory seatbelts laws in 2007, making it eligible for the $4 million prize. As Georgia's economy continues to flounder, and the money continues to allure, we might just have mandatory buckling up on all pick ups very soon. That's good news for motorists who drive the pickups, as well as their passengers. A single life saved in an accident on Georgia's roads is more than worth the effort.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

The National Safety Council is calling for a ban on all kinds of cell phone usage behind the wheel to prevent traffic accidents, but Georgia's state authorities still don’t seem to have received the message that driving and cell phone use just don’t go well together. 

Cell phone use while driving is rampant and clear to see on Atlanta's streets, where only school bus drivers are banned from using cell phone devices while driving. Now, the National Safety Council has called for a nationwide ban on all cell phone usage behind the wheel, including hand held and hands free devices, to prevent the growing number of accidents that can be traced to drivers distracted using their cell phones. Currently, no state completely bans cell phone usage while driving, but California, New Jersey, New York, Washington, Connecticut and Utah enforce a ban on hand held cell phone usage.  National Safety Council president Janet Froetscher isn’t impressed with such measures – she says that the issue isn’t whether your hands are free to drive, but that your head is engaged in the conversation you're having on the cell pone. That is what causes accidents, and not the actual act of holding the phone.

Georgia lags behind most states in the kind of cell phone driving legislation it has in place. Representative Matt Ramsey (R-Peachtree City) is currently working on plans for legislation that will ban cell phone use for drivers under the age of 18. According to Rep Ramsey, the under-18 age group is the most vulnerable because they are still learning the ropes of correct behavior behind the wheel, and also because distractions are a major cause for accidents involving teens. Violators would receive a first time fine of $175 and a $500 fine for additional offenses. 

It could be a step in the right direction, although it's clear to see that it's not just teen drivers who are guilty of cell phone use behind the wheel. As Atlanta car accident lawyers who often see the devastating results of crashes caused because a motorist was busy on a cell phone, we believe that any legislation that is aimed at preventing automobile crashes must go all the way, and include adult drivers within its scope. It will be a daring move, and is certain to face stiff resistance from a cell phone addicted public, but the payoffs in terms of reduced accidents, injuries and deaths on Georgia's streets will be worth the effort.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

Reckless driving is the number one killer of teens and young adults. The Ad Council and a coalition of State Attorney Generals and consumer protection agencies have started a campaign against reckless driving.   The UR the Spokesperson campaign is aimed at empowering young adults to speak up when they don’t feel safe in a car. 

The goal of the campaign is to decrease reckless driving among teens and young adults; let teens know they are a spokesperson against reckless driving; empower teens to speak up when they are in a car and don’t feel safe; increase awareness of the dangers of reckless driving; and educate teens on safe driving. 

However, whether an education campaign can successfully combat reckless driving in this age group is open for debate.   A recent USA Today article outlined new research in adolescent brain research. The study revealed that adolescent brains are not yet capable of avoiding risky behaviors. 

The analysis, led by Temple University psychologist, Laurence Steinberg, says stricter laws and policies limiting their behaviors would be more effective than education programs.   Steinberg, whose decade long research is detailed in Current Directions in Psychological Science, says that adolescents do not have the full capacity to control themselves. Neurological research suggests that prior to age 18, the brain system that regulates impulse and emotion is not necessarily kept in check by logic and reason. Often, teens are missing the neurological brakes that adults have.

Moreover, the mere physical presence of peers increases the likelihood of teens taking risks. While education programs on risky behavior are helpful, psychologists believe that raising the driving age and raising the drinking age does more to curb risky behavior than programs aimed at educating teens on risks. 

However, for over 60 years the Ad Council has successfully effected positive social change through communications based on solid research. The Ad Council’s research showed that teen’s need for social connection is his or her most valuable asset. The Ur the Spokesperson campaign is driven by the strength of that peer-to-peer connection. The Ad Council is counting on peer pressure to be utilized as a positive force – to get teens to speak up and stop reckless driving while it is occurring.   

 

The three leading causes of vehicle accidents involving teen drivers are driver error, speeding, and alcohol. Other factors that contribute to teen accidents are talking on cell phones, having other passengers in the car, not recognizing hazards, engaging in risky driving behaviors likespeeding, running red lights, tailgating, and driving while impaired by alcohol or drugs. Finally, young drivers are more likely to die in SUV crashes because they don’t appreciate the dangers of rollover accidents. 

 

If you or someone you love has been involved in a car accident involving a teen driver or a driver charged with reckless driving, contact the law firm of Robert N. Katz for a free consultation. 

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Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

August 25, 2008

A wreck Sunday claimed the life of the driver and his teenage passenger, and also injured three other teens. In Ellenwood, Georgia, near Cedar Grove High School on River Road, Hammam Southerland, 27, and Gregory Brown, 17, died when Southerland lost control of his vehicle, flipped twice and struck a telephone pole. Three male teenage passengers in the backseat were treated for injuries. Neighbors believe a dangerous curve in the roadway contributed to the accident.

Last month, a similar accident  occurred killing fourteen-year old Mikah Blalock. Blalock was killed when the driver crashed into the telephone pole after traveling east on River Road. The driver of that vehicle was a fourteen-year old female. She was charged with vehicular homicide, failing to maintain her lane and driving without a license. Blalock was killed a week before he was to have entered high school.

Certainly, there are inherent problems with underage drivers. For good reason, Georgia does not allow minors under sixteen to drive without adult supervision. Fourteen-year old minors should not be behind the wheel of a car at all. Legislators continue to tackle the question of whether sixteen is too young to drive. This weekend’s accident may actually help the case of the minor in the first accident. We can expect her defense lawyer to argue that the road was inherently dangerous. And perhaps, it is. But that’s just the sort of reason why fourteen-year olds should not be behind the wheel in the first place. 

Child behavior psychologist, Dr. James Brush notes that children under the age of sixteen lack the “emotional and cognitive skills to bear the responsibility of operating a vehicle.” 

Here are some facts about teen drivers:

1.      Teen drivers age 16-19 are four times more likely to crash than older drivers.

2.      Teen drivers are more likely than older drivers to speed, run red lights, make illegal turns, drive while intoxicated, and ride with an intoxicated driver.

3.      Teen drivers’ inexperience cause them to fail to appreciate a hazardous situation.

4.      Teen drivers tend to carry a high number of teen passengers, increasing the number of injuries in a wreck.

5.      Teen driving accidents tend to occur most frequently on Friday and Saturday nights between 9 pm and 6 am.

Georgia has a graduated license program called the Teenage and Adult Driving Responsibility Act.   Fifteen-year olds who pass a written exam may obtain an instructional permit allowing them to drive with adult supervision.   Drivers between the ages of 16 and 19 may receive a Class D license after passing a written and driving exam. They must obtain 40 hours of supervised driving, and may not drive from midnight to six a.m. and are limited in the number of non-family, underage passengers they may carry. 

For parents, keep in mind a few important points. Insurance would generally cover an accident caused by teenage driver (although insurance on that teen will likely increase after the accident). However, insurance will not likely cover the cost of an accident caused by an underage teenage driver out for a joyride.

In Georgia, parents are not generally held liable for the negligent acts of their minor children. However, parents could be held liable for an accident if the parent assisted the underage child in driving a vehicle. It’s hard to believe, but there are some cases where a parent gave an underage child the keys to the car. If the parent knows and gives permission for the child to drive, the parent may also face criminal penalties for child endangerment.

If you have been injured in an accident caused by a teen driver or an underage driver, contact the law firm of Robert N. Katz for a free, private consultation.     

Posted By Lisa Siegel In Auto Accident Claims | 2 Comments Permalink

Forbes Magazine this year ranked Atlanta as the worst city in the United States for daily commuting. Detroit and Miami trailed in second and third place positions, respectively.   Of course, for those of who must regularly drive in the daily grind, this comes as no great surprise. An influx of population, a poor infrastructure and drivers who resist carpools and public transportation are a few of the reasons why Atlanta won the award.

 

Collecting data from the Texas Transportation Institute and the US Census Bureau, Forbes evaluated traffic delays, travel times, and commuters’ efficient use of existing infrastructure. In Atlanta, more commuters flood the roadways than the infrastructure can handle and this causes congestion in many areas. Commuters spend an average of sixty hours a year stuck in traffic.

 

Thanks to increasing urban and suburban sprawl, fewer than thirty percent of drivers get to work in less than twenty minutes. Nearly thirteen percent of drivers spend more than an hour traveling to and from work. In addition to sprawl, the train system in metro Atlanta does not service the entire city. Thus, many commuters have no choice but to drive on increasingly congested roads. While sprawl increases drive times, it does lower housing costs. In order to decrease drive times, commuters would have to move closer into the city where housing costs are more expensive and can be prohibitive.   

 

And as luck would have it, this year Atlanta was also voted the sixth least courteous city for driving as well. If you think about it, these two awards probably go hand in hand. The more time we are forced to spend in our cars, then the more frustrated we are going to become. 

 

According to AutoVantage, an automobile club, Atlanta commuters drive too fast, tailgate, make cell phone calls while driving and often give obscene hand gestures to other motorists. 

 

What does all this mean to those of us who call Atlanta home or the few who simply must drive through the city occasionally? Watch out. 

 

The World Health Organization estimates that every year 1.2 million people die in car accidents. In the United States, that number is just under 50,000 deaths a year from car accidents. Statistically, your chances of being in a motor vehicle collision increase in cities like Atlanta with a large number of drivers – particularly those who have become frustrated or enraged by driving conditions.

 

If you or a loved one has been injured in an automobile accident, then contact the law firm of Robert N. Katz for a free, private consultation.   

Posted By Lisa Siegel In Auto Accident Claims | 2 Comments Permalink

When it comes to rollover accidents, the 15-passenger van is the most dangerous vehicle on the road. New research by the National Highway Transportation Safety Administration (NHTSA) shows that rollover accidents with 15-passenger vans occur thirty-one percent more frequently during the summer months of June through August. Eighty-one percent of fatalities occur in single vehicle rollover accidents. 

 

The risks increase when the vans carry ten or more people. The passenger weight changes the vehicle’s center of gravity, causing it to be in the rear of the vehicle. As a result, the van handles differently than other passenger vehicles during an emergency and is more prone to rollover crashes. 

 

The problem with the van is the weight. Most van manufacturers, such as Ford and Dodge, use a car wheelbase and extend the back end. Also, the vans are top heavy which causes a shift in its center of gravity. The vans usually have a back seat with four passengers behind the rear axle. With a heavy back end, in an accident the back end swings out. When the rear swings out and the tires remain their grip on the road, the weight pulls the vehicle over. 

 

In studies of these crashes, most rollover events occur when the driver loses control of the vehicle and runs off the road. Three major situations occur that create a rollover event:

 

· The van goes off onto the shoulder of a rural road

· The driver is fatigued or driving too fast for conditions causing the van to slide sideways.

· The driver overcorrects the steering in a panic situation causing the van to slide sideways.

 

Over the past decade, eighty percent of people killed in these types of vans were unbelted. Seat belt use is critical because seventy-five percent of deaths occur when occupants are thrown from the vehicle during a rollover crash.

 

The failure to properly inflate the tire pressure also causes van accidents. Tire pressure and tread should be checked every week on these vehicles. Also, drivers may need special training in steering onto the roadway when the tires drop onto the surface. Drivers must also be well rested and drive within the speed limit. Rollover crashes increase significantly when speed limits are in excess of fifty miles per hour or on curved roads.   

 

Also when the van is not full, passengers should seat in seats in front of the rear axle. The van should never carry more than fifteen passengers.   The rollover risk increases significantly as the passenger number increases from five to ten. Also the van should not be top-loaded with luggage or equipment.   

 

Fifteen-passenger vans represent less than one percent of the vehicle passenger fleet in the United States.   However, these types of vans are frequently used to transport school sports teams, van pools, religious groups, summer day campers, day care center children, and hotel guests. Many community-based organizations, such as YMCAs, also use these vans for youth group transportation.  

 

Since 2001, the NHTSA has issued four different warnings on these types of vans. The federal government has banned them for school-related transportation for high school students or younger. However, they still appear at day care centers, YMCAs, summer camps and scout troops. 

 

If you can, avoid them and do not allow your children to be transported in these death traps. If you or someone you love has been injured in a 15-passenger van, then contact Robert N. Katz for a free, private consultation.   

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

 

On Monday night, a red Acura, allegedly driven by Cody Rhoden, attempted to pass an SUV limousine carrying five members of the Randle family and the limo driver, Mark Anthony Gay on I-85 near Indian Springs Road.

As the Acura approached the SUV, it entered the left-hand emergency lane. The SUV was traveling in the HOV lane. The Acura attempted to improperly pass on the left. The Acura clipped the SUV as the emergency lane narrowed with the concrete median wall.

As the Acura cut off the SUV when it entered the HOV lane, it then struck two cars in the lane ahead. Immediately after, the SUV slammed into the back of the struck vehicles, causing the SUV to flip. The SUV rolled over six times before coming to rest roof-side down.

The Acura left the scene with a dislodged bumper. It was later abandoned at a nearby inn. The driver of the abandoned Acura was apparently Cody Rhoden. Gwinnett County Police recovered the vehicle after a 911 call. 

Three members of the Randle family were killed as was also the limo driver. Father and grandfather, Demetrius Randle remains in critical condition. His wife sustained non-critical injuries. Two vehicle occupants in the other vehicles were also injured. 

Late Tuesday night, Cody Rhoden turned himself into Gwinnett County Police. He will be arraigned tomorrow morning on four counts of vehicular homicide and one count of felony hit and run.

 
Although Rhoden, through his attorney, denies liability for the accident and maintains he did not know he caused an accident, witnesses report the Acura was traveling at a rate of speed in excess of 100 mph and passed on the left through an emergency lane. 

 
Vehicular homicide is governed by O.C.G.A. § 40-6-393. This charge involves the unlawful killing of another with the use of a vehicle. The charge does not require either malice aforethought or intent to kill. A person may be charged with first degree homicide by vehicle when he or she drives recklessly or fails to stop after a collision. Both of which seem to apply in this case. The sentence for a conviction of vehicular homicide is three to fifteen years in prison. The Parole Board usually requires inmates to serve ninety percent of a sentence for charges of this nature.

 An interesting loophole currently exists in the hit and run statute. This loophole provides that if the victim dies at the scene, then the violation is a misdemeanor under the theory that the failure to render aid would be irrelevant. However, if a hit and run victim dies after the initial accident, then the driver faces a felony charge of homicide by vehicle.

 Senator Johnny Grant, R- Milledgeville, has introduced Senate Bill 529 in the Georgia Legislature this session to correct this loophole. Under this bill, any driver who kills another and does not stop to render aid may be charged with first-degree vehicular homicide. The measure has passed the Senate Judiciary Committee.      

 From the facts of this accident, it is not clear when and how the victims died. However, the Gwinnett District Attorneys Office has proceeded with four counts of first degree vehicular homicide.

 
For this family, a senseless tragedy should have been avoided. If in fact, Rhoden was driving nearly forty miles per hour in excess of the speed limit, improperly drove in the emergency lane, improperly passed on the left, and clipped the SUV, then he caused a horrific accident through reckless behavior. Leaving the scene of the accident just magnifies the terrible choices he made that night. 

 
If you have any questions about the law related to vehicular homicide or how to be compensated for injuries related to the reckless driving of others, contact the law firm of Robert N. Katz for a free, private consultation.    

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

Cell phone liability is back in the news again.  Last week the Fulton County Daily Report highlighted the recent International Paper personal injury settlement.  International Paper ( "IP") paid out $5.2 million to settle a personal injury suit for an automobile collision that an IP employee caused by talking on a cell phone.

 

IP employee Vanessa McGrogan was talking on her company-supplied cell phone when she rear-ended a vehicle driven by Debra Ford.   The collision pushed Ford into a ditch on the right side of the road.  The car overturned and dragged the driver’s side across the roadway.  Ford’s arm was caught between the door and the asphalt.  Ford, a widowed mother of four, had to have her arm amputated at the shoulder.

 

McGrogan had her cruise control set at 77 mph.  In addition to this, she was talking on her cell phone to the point of distraction.  The plaintiff raised the issue of intentional negligence.  The trial court in ruling on a motion for partial summary judgment allowed the plaintiff to seek punitive damages.  The case was set for trial in March and settled this month.

 

Employer liability as a result of cell phone is on the rise.  Dykes Industries of Little Rock, Arkansas lost a $20.9 million personal injury suit where its employee was talking on a company cell phone.  The State of Hawaii agreed to a $2.5 million payout for an accident involving a state employee talking on her cell phone.  Smith Barney paid out $500,000 in a settlement where one of its stockbrokers hit and killed a 24-year-old victim while the stockbroker was making cold calls on his cell phone.  The Virginia law firm of Cooley Godward paid out $30 million in a settlement in a wrongful death case where one of its attorneys was conducting business on her cell phone when she struck and killed a fifteen- year-old girl.

 

According to a recent study by the New England Journal of Medicine, cell phone use while driving increases the risk of accident by four times. A Braun Consulting Study reports that motorists make 40 percent of all cell phone calls.  The American Automobile Association attributes 330,000 highway injuries a year to cell phone use.

 

Georgia has yet to adopt a total ban on driving while talking on a cell phone.  However, Georgia statutes do prohibit school bus drivers from using cell phones on the job.  Also, DeKalb County has adopted an ordinance that increases civil fines for automobile crashes where the crash is attributed to cell phone use.  Neither Georgia nor few other states have adopted a total ban on cell phone use while driving. Only New York, New Jersey, Connecticut and the District of Columbia ban the use of hand-held phones while driving. Georgia follows a reasonable distraction statute that drivers may not be reasonably distracted by other activities while driving.   

 

Interestingly, a public opinion poll of Georgia citizens conducted by the University of Georgia Carl Vinson Institute of Government in 2002 revealed many citizens would vote in favor of a state ban on hand-held phones while driving.  Surprisingly, forty percent of those polled admitted to using a hand-held phone while driving, but supported a ban on such conduct.   The majority admitted that they used a cell phone while driving for business and personal reasons.  Eighty-seven percent of those polled believed that using a hand-held phone while driving was very or somewhat dangerous.  Seventy-one percent of responders believed that other drivers using a cell phone had compromised their own safety.

 

If you have been involved in an automobile accident, it may be the cause of a cell-phone distracted driver.  Further, it is possible that driver was conducting business on the cell phone and his or her employer may be vicariously liable for your injuries.  If you want to discuss your claim contact the law firm of Robert N. Katz for free initial consultation. 

 

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

October 29, 2007

Recently, the Georgia Court of Appeals reversed a grant of summary judgment to the defendant in an interesting case involving the use of a cell phone by an employee enroute to work. In Hunter vs. Modern Continental Construction Company, the employee shift supervisor was enroute to work when he was involved in a car accident with the plaintiff. Plaintiff sought to bring her lawsuit against not only the driver/supervisor, but his employer as well.

The employer moved for summary judgment (a dismissal of the case before it gets to trial) on the basis of established case law that driving to and from work is an act for the employee’s own purposes and not in pursuit of the employer’s business. 

In order to understand the implications of  this case, one must first understand vicarious (employer) liability law in general. In order to hold the employer liable for the negligent act of the employee, the plaintiff must show that at the time of the injury the employee was engaged in the master’s business and not on some personal private matter. The test is not that the act was done during the existence of the employment; but that the servant was at the time of the negligent act serving the master. In hammering out this law, Georgia courts have traditionally held that driving to and from work is not an act in service of the master.

 However, in the Hunter case, the shift supervisor while driving to work answered the call of a co-worker calling in regarding the day’s business and perhaps to indicate that he would be running late. While testimony differed as to whether he actually took the call, a jury question arose as whether the use of that cell phone was done on behalf of the employer and whether answering the cell phone while driving distracted him and caused the accident.   Thus, using a cell phone to conduct work business while commuting to work constitutes “work for the master.”

Cell phone technology allows employees to conduct business and to be available to conduct business at all hours of the day. More and more employees use their commute time to multi-task. This technology benefits the employer and arguably allows the employee more flexibility in his or her daily life. But it also expands the scope of liability of the employer should a car accident occur while the employee is on the cell phone. And well it should.

As of May of 2007, 236 million people subscribed to some form of wireless communication. Motorists on the road make forty percent of all cell phone calls. Increased reliance on cell phones has led to a rise in the number of people who use the device while driving.

A study done by the Harvard Center for Risk Analysis found cell phone drivers were responsible for 2600 traffic deaths per year and 330,000 traffic injuries. In a study done by the National Highway Traffic Safety Administration (NHTSA) twenty-five percent of all motor vehicle accidents were caused by driver distraction. A study done by The Human Factors and Ergonomics Society showed that motorists on hands free phones were 18 percent slower in braking time and 17 percent slower in regaining speed after braking than their non-cell phone using counterparts.

Driving while using a cell phone creates two dangers. First, drivers often take their eyes off the road while texting or dialing their phones. Second, drivers often become so absorbed in their phone conversations that they cannot concentrate on the road.   

Cell phone use causes drivers to have “tunnel vision” or to stare straight ahead while driving. Also cell phone drivers also tend to “look, but not see” owing to the degree the conversation distracts them from the act of driving.

Employer liability for their employees driving and conducting business with cell phones is on the rise. In December of 2004, defendant Beers Skanska Inc. paid the plaintiff $4.75 million in a settlement in Fulton Superior Court for a cell phone related accident. In that case the employee reached over to a mounted hands free set to retrieve a Star 99 message. When he did so, he slammed into the back of a stationary sedan. This caused a chain reaction and left a man severely injured. Beers Skanska argued that their employee was “not on the clock” but rather commuting to work. The plaintiff successfully argued that Beers Skanska supplied the phone and the employee was responding to a work related message. 

Employer liability for cell phone use arises in two ways. First, the employer may be vicariously liable when the employee’s negligent cell phone use causes an accident. Second, the employer may be liable directly for failing to have a cell phone use policy with its employees.

One way for employers to avoid direct or vicarious liability is to have a cell phone policy.   Although the policy guidelines do not necessarily prevent accidents or potential liability, it may help encourage employees drivers to drive responsibly.  The Automobile Association of America (AAA) has set  the following guidelines for cell phone use while driving:

 1.      Recognize that driving requires full attention;

2.      Become familiar with the phone’s features prior to driving;

3.      Use the phone only if absolutely necessary;

4.      Use only when safe to do so;

5.      Ask a passenger to place the call;

6.      Keep the conversation short;

7.      Let the person on the other end know you are driving;

8.      Don’t combine talking with other distractions;

9.      Secure the phone in the car so that it isn’t a projectile in an accident.

As the Georgia Court of Appeals and Georgia jury verdicts and settlements have shown, employer liability expands when the employee gets in a car and even during off hours or during commute time conducts employer business on a cell phone. Significantly, if you are injured in a car accident and find that the offending driver was on a cell phone, find out whom they were talking to and why. Contact an attorney if you have been injured. Pre-litigation investigation may help determine if the employer is liable as well for the accident.    

 

      

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

October 22, 2007

Last March an Ohio school bus carrying a Bluffton University baseball team went off an overpass on Interstate 85-75. Early that morning the bus carrying the players was traveling in the left HOV lane when it went southbound up a left side exit ramp, failed to stop and went over the overpass. Eight students, the driver and his wife were killed. Twenty-eight other passengers were injured. This week relatives of the deceased and some of the injured have filed notice of claims with the State of Georgia.

Early on in the investigations many believed the bus driver mistook the exit ramp for the left hand HOV lane. The National Transportation Safety Board (the NTSB) is investigating. The NTSB’s report will not be issued until spring 2008

The NTSB is a federal agency charged with maintaining safety standards for air, highway, waters and railways. The NTSB investigates major highway accidents such as this bus accident. Following its investigation, the NTSB will ssue a narrative report determining the probable cause of the accident and making safety recommendations for the future.

Most accident investigations usually involve some form of accident reconstruction. Analysts go to the accident scene where they extract clues that provide some pre-accident information about the collision. A good investigation will determine speed of the vehicles, braking distances, points of impact, reaction distances, line of sight, driver reactions, and potential system failures. This level of investigation is usually not carried out by police officers arriving on the scene.

In the case of a major highway accident involving federal highways or in collision with a long haul carrier, it is good idea to hire an accident engineer to assess the accident and form conclusions. Some accident reconstruction engineers utilize computer graphics to simulate the movement of the vehicle prior to and at the point of collision. This analysis relies upon simple mechanical engineering. Being able to visit the scene within days of the accident also allows the investigator to obtain crucial evidence that may dissipate over time – evidence such as skid marks, yaw marks, or overhanging tree growth. Proper scene photography is also important.  

Don't delay when you are involved in a major accident.  Contact an attorney as soon as possible and ask about employing an accident reconstruction expert to preserver evidence at the scene.
Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

October 16, 2007

When a drunk driver causes an accident and someone is injured, the drunk driver may be liable for more than just the plaintiff's injuries and property damage.   Georgia juries are allowed to "fine" the defendant by awarding punitive damages.  Punitive damages not only punish the defendant for his or her egregious conduct, but they are also intended to discourage this type of behavior in the future. 

Last year in Georgia over four hundred automobile accident fatalites were the result of drunk drivers.  Drunk driving fatalities accounted for over twenty-seven percent of all the accident fatalities.  Moreover, last year drunk driving fatalities increased over seven percent from the year 2005.   In Georgia, a driver is considered to be driving under the influence of alcohol if his blood alcohol content (BAC) registers .08 or above.

When someone is injured in an automobile accident caused by another's negligence, they are entitled to compensatory relief.  In other words, they are entitled to be compensated for their economic losses such as property damage, lost wages and medical expenses.  They are also entitled to be compensated for noneconomic losses such as their pain and suffering incurred as a result of the personal injury.. 

However, in some cases, such as those involving a drunk driver, the plaintiff may be entitled to punitive damages.  Punitive damages are awarded to "punish" the defendant for his egregious conduct.  These types of damages are not related to the plaintiff's loss, but serve to "fine" the defendant for his behavior.  

The type of conduct triggering an award of punitive damages tends to be  for conduct that is intentionally harmful.  Where the defendant has shown a "reckless disregard" for the safety of others, he or she may also be liable for punitive damages.   A reckless disregard arises where  the conduct is willful, wanton or gross.

In Georgia, gross negligence can support an award for punitive damages.  Tort reform laws in Georgia over the last few years have placed some restrictions on awards of punitive damages.   However, there is no limit on the amount of a punitive damages awarded if the negligent driver was driving under the influence of alcohol.  O.C.G.A. section 51-12-5.1(f). 

Still,, the plaintiff must prove entitlement to punitive damages by clear and convincing evidence.  The plaintiff must also first prove that the defendant's conduct warrants punitive damages.  Then in a second trial phase the jury may hear evidence of the amount of punitive damages warranted by the conduct. 

Punitive damages are insurable.  In other words, the defendant's automobile liability insurance carrier may be responsible for paying a punitive damages award.  Greenwood Cemetary vs. Travelers Indemnity Co., 232 S.E.2d 910 (Ga 1977) and Federal Ins. Co. vs. Nat'l Distributing Co., Inc. 417 S.E.2d 671 (Ga. Ct. App. 1992). 

When you or a loved one is injured in an accident, the difficult situation is made all the more so when you find out the negligent driver was intoxicated.  Knowing your rights early on is crucial.  Don't settle until you know all the facts about the automobile accident, and the recover to which  you may be entitled. Posted By Lisa Siegel In Auto Accident Claims | 3 Comments Permalink

The state of Georgia requires all motor vehicle owners to secure minimum liability insurance coverage for their vehicles. This insurance provides for payment for damages in the event the other driver suffers a personal injury in the car accident. However, there is no requirement that motor vehicle owners secure uninsured motorist coverage to pay for their damages if the other driver is at fault and they have suffered a severe personal injury in the auto accident. See Jenkins & Miller Georgia Automobile Insurance Law (2007 ed.) 29:3.  

Uninsured motorist coverage has aptly been called “insurance against lack of insurance”. See Jenkins & Miller Georgia Automobile Insurance Law (2007 ed.) 29:1. It is available and recoverable only when the fault causing the car accident is found to be that of the uninsured or underinsured vehicle’s driver. Id. It is an important form of insurance since it allows the injured person to recover their damages.   

The purpose of UM coverage “is to place the injured insured in the same position as if the offending uninsured motorist were covered with general liability insurance.” Another way of explaining the purpose of UM coverage is that coverage is available to protect innocent injured drivers against irresponsible drivers who fail to secure coverage for auto accidents. The coverage is not available for the benefit of the irresponsible, but for those injured or caused to incur damages by the uninsured’s negligence. 

Uninsured Motorist coverage includes “underinsured” motorist coverage in Georgia. Underinsured motorist coverage is available where the negligent party’s liability insurance policy limit is less than the insured’s uninsured motorist policy limit. Id. Where a tortfeasor is underinsured, the insured person may recover that amount over and above the tortfeasor’s policy limits which is equal to or less than the insured’s uninsured motorist policy limits. An example is as follows:

Assume the tort-feasor has liability coverage in the minimum limit of $25,000 per person. Further assume that the insured claimant has available UM coverage in the amount of $100,000 per person. Under these circumstances, the tort-feasor is underinsured to the tune of $75,000 ($100,000 - $25,000 = $75,000).

In such cases where the tort-feasor is underinsured, the insured’s UM carrier is entitled to a credit or set-off in the amount of the tort-feasor’s liability coverage. Thus, under the above example, the tort-feasor’s liability coverage operates as a credit or set-off against the insured’s available UM coverage. In other words, the UM carrier’s exposure is reduced by the amount of the tort-feasor’s liability coverage. Id. at 39:5. 

This method of set off for the liability carrier is the majority rule across the country and is called “reduction” or “limits to limits” coverage.   The method essentially supplements the at-fault motorist’s liability coverage, but only to the extent the UM coverage exceeds the liability coverage. Id.  However, some states do not allow a set off for the liability carrier. Under this alternative method, called the “excess” method, the underinsured motorist coverage provides UM benefits to the insured up to the limits of the insured’s UM policy limit where the insured’s damages exceed the at-fault driver’s liability coverage. Under this method, there is no reduction in available coverage based upon the at-fault party’s liability coverage.  

This “excess” method is clearly the more appropriate method for determining coverage available under the underinsured motorist scheme where the insured has contracted for and paid premiums to secure uninsured motorist coverage in the amount set out under his insurance policy. Uninsured motorist insurance exists to provide additional coverage to innocent parties. The current method in Georgia operates to limit that coverage. Georgia law should follow the “excess” method and dictate that where a specific amount of uninsured motorist coverage has been secured and paid for by an insured, there can be no reduction of that contracted for coverage simply because there is additional coverage available through the tort-feasor’s liability policy – coverage secured and paid for by a third party. This scheme in Georgia allows the uninsured motorist insurance company to limit its own liability for coverage which it promised to pay. In turn, the insured is denied what he/she was promised. Posted By Lyn Dodson In Auto Accident Claims , Liability Insurance Limits in Georgia | 0 Comments Permalink

Commonly, insurance policies include an endorsement which provides the insurer “will pay reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by an ‘insured.’” Medical payments coverage for car accidents is optional under Georgia insurance policies and is available to the insured regardless of fault. These endorsements typically provide for recovery up to a certain amount for a certain amount of time, generally three years. Furthermore, the insurance carrier must pay benefits within sixty days of the demand by the insured who has suffered a personal injury in a car accident.

The question of who is covered under a medical payments endorsement for medical bills incurred due to a personal injury in a car accident is set out by statute. OCGA § 33-34-2(1) provides: “Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle.”

Individuals injured in automobile accidents should look to their health insurance carrier for payment of their medical bills first, as coverage is provided under contract with the health insurance carrier. The injured should then look to the medical payments carrier which will pay funds directly to the injured party and will reimburse the injured insured for any out of pocket expenses not paid by the injured insured’s health insurance carrier. It is important to remember that most automobile policies contain notice provisions which will also apply to medical payments coverage and in all cases, the injured insured should notify their own insurance carrier as soon as possible. 

Posted By Lyn Dodson In Auto Accident Claims | 0 Comments Permalink

In 2001, auto accident injury victims received what was thought to be good news from the U.S. Supreme Court in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002). In Knudson, the Plaintiff was injured in an auto accident. Her medical bills related to injuries sustained in the auto accident were paid by her ERISA health insurance plan. Upon settlement, the settlement proceeds were paid into a special needs trust. The Plaintiff’s ERISA plan attempted to obtain reimbursement directly from the Plaintiff for the medical bills the health insurance carrier paid for treatment related to the auto accident injuries. The Knudson Court ruled that the plan had no right to reimbursement since such payments would constitute enforcement of a legal remedy, something not allowed under ERISA. 

However, through Sereboff v. Mid Atlantic Medical Services, 547 U.S. 1015, 126 S.Ct. 1869 (2006) and its progeny, the Supreme Court illuminated the fact that the Court will not interpret every plan as seeking a prohibited legal remedy.  The Court will look to the plan language on a case by case basis to determine whether the plan creates an equitable remedy – specifically, whether a fund has been specifically identified by the plan language, and if so, to what part of the fund the plan will be entitled to recover reimbursement. The plan’s right to reimbursement will fail if the plan itself fails to create a lien by agreement, by “specifically identifyi[ng] a particular fund, distinct from [the plan beneficiaries’] general assets. . . and a particular share of that fund to which [the plan] was entitled.”

 

 

Posted By Robert Katz In Auto Accident Claims | 0 Comments Permalink