Georgia Injury Law Blog

In 2010, there was a record drop in auto accident deaths from the previous year. However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States. That was a drop of 2.9% from 2009. These were the lowest traffic accident death numbers on record since 1949. These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010. In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents. 

However, pedestrians were not safer in 2010. Pedestrian accident deaths actually increased last year by about 4.2% from 2009. Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %. Overall, more than 70,000 pedestrians were injured in accidents last year. That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US. 

Federal transportation officials do not have any explanation for this increase in pedestrian accident fatality numbers. However, the data is still new, and we may have more answers in the months ahead.   There are some theories about the reasons for this increase. According to Transportation for America, a pedestrian advocacy organization, there has been an increase in the number of people walking and biking to work in recent months. However, even though there has been an increase in the number of pedestrians, safety conditions have not really improved. 

Posted By Robert Katz In Auto Accident Claims , DUI , Pedestrian accidents | 0 Comments Permalink

A third teenager has succumbed to his injuries after a deadly pedestrian accident in Clayton County. Two other teenage pedestrians were also killed in the car accident last Thursday. The Atlanta Journal-Constitution has confirmed the death of the third teenager, a seventeen-year-old boy. The boy had suffered a serious brain injury in the accident. The boy and his two friends, aged sixteen and seventeen years old, were walking along GA 158, when they were struck by a car being driven by forty-eight-year-old Priscilla Diane Johnson. The impact left the boys with serious injuries. One of them died at the scene of the accident, while the other was rushed to Grady Memorial Hospital, and succumbed to his injuries there. The third victim died on Saturday morning.

According to police, Johnson had been talking on a cell phone at the time of the accident. She had also taken antidepressant medications just before the accident. She now faces a number of charges, including vehicular homicide, driving under the influence, and hit and run. Police also believe that she was driving under a suspended license. Additionally, she faces charges of reckless driving as well charges related to cell phone use while driving and lack of insurance. Personal injury attorneys have repeatedly warned about the dangers of distracted driving as well as driving under the influence of medications. Unfortunately, these tragedies will continue to occur until we toughen our laws in these areas.  

According to one of her friends, at the time of the accident, she was on the cell phone having a quarrel with her husband. The friend has confirmed that she had taken antidepressants before she started driving, and had been impaired at the time of the accident.

It'll take more than a single blog post to enumerate the risks that Atlanta's pedestrians face on a daily basis. However, one of the biggest challenges is the one posed by impaired drivers. Most people assume that impairment is the result of driving under the influence of alcohol or narcotic drugs. However, a motorist can be impaired when he is driving under the influence of prescription drugs. Such dangers are especially high in older drivers, who may be on more than one medication for a number of health ailments. Antidepressants, for instance, can leave a person suffering from insomnia, anxiety, restlessness, and dizziness. A person might suffer from severe hand tremors. All of these symptoms can severely impact a person's ability to drive safely.

Posted By Robert Katz In Accidental Deaths , Distracted Driving , Pedestrian accidents , Wrongful Death | 0 Comments Permalink

The metro Atlanta area is undoubtedly one of the most dangerous places for pedestrians. However, other, more sprawling parts of the state are just as susceptible. Police report that a driver was backing a 2005 Chrysler Pacifica through the parking lot at Lenora Park on Lenora Church Road when her vehicle suddenly struck a stroller being pushed by a pedestrian. The infant in the stroller died of her injuries at Children's Healthcare at Egleston in Atlanta and the police are left with analyzing how this pedestrian accident occurred. As police attempt to determine the answer, they are on the search for witnesses who may be able to confirm that the mother was crossing in a crosswalk when the car accident occurred near Snellville, Georgia.

For personal injury attorneys in Atlanta, Georgia, this incident is eerily similar to another high-profile jaywalking case that garnered national media attention this summer.  Raquel Nelson is an Atlanta mother who was charged and convicted with vehicular homicide when her son was killed while crossing a street with her – out of the crosswalk. The case galvanized the country, and finally resulted in Nelson being awarded the option for a new trial.  The trial is slated to begin October 25, 2011.

In Nelson’s case, the driver had a previous record, was blind in one eye and had questionable blood alcohol content. In this most recent incident, the incident report indicates that while the driver’s vehicle held six occupants, alcohol was not a contributing factor. The website for WBS radio indicates that one witness told authorities the mother pushed the stroller from between two legally parked vehicles and into the path of the SUV. The story of other witnesses may differ.

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

A new report titled Dangerous by Design by Transportation for America has bad news for Atlanta pedestrians and accident lawyers here. The report places the Atlanta-Sandy Springs-Marietta region at number eleven on the list of the deadliest cities for pedestrians in the United States. In addition to wrongful deaths, pedestrian accidents often result in the most severe injuries of any type of accident.

For Atlanta pedestrian accident lawyers, a look at the list suggests that nothing much has changed since Transportation for America came out with its pedestrian safety report last year. The Atlanta region continues to be fraught with pedestrian accident risks, a situation that is only likely to get worse as more pedestrians choose to walk.

According to the list, the Atlanta-Sandy Springs-Marietta region had a Pedestrian Danger Index of 119.3. The Transportation for America researchers arrived at the Pedestrian Danger Index for each region by calculating the number of pedestrian accident deaths for the region, relative to the amount of actual walking being done in that area. The researchers accounted for the fact that regions that have more pedestrians are likely to see more numbers of pedestrian accidents. The Pedestrian Danger Index allowed the researchers to compare diverse regions with varying pedestrian safety factors. 

Based on this Pedestrian Danger Index, Transportation for America has found that the Orlando-Kissimmee region in Florida is the country’s most dangerous area for pedestrians, with a Pedestrian Danger Index of 255.4. In fact, Florida accounts for some of the deadliest cities for pedestrians, with the first four spots on the list going to cities in the sunshine State.

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

The National Highway Traffic Safety Administration will soon propose a rule requiring automakers to install noisemaking devices in their electric and hybrid cars to alert pedestrians. Pedestrians, especially those with visual challenges, may not be able to hear an approaching electric or hybrid car, because of the low levels of noise that these vehicles emit. As a recent study indicates, the result is an increase in car accidents involving pedestrians and these vehicles.

The National Highway Traffic Safety Administration has now posted a notice on its website, as the first step towards rules that will mandate manufacturers of electric and hybrid cars to install noisemaking devices in their vehicles. The rule will cover not just cars, but also motorcycles, buses and trucks. Hybrid vehicles can be a pedestrian safety threat, because they emit very low levels of noise. They make much lower noise than internal combustion engines, and as a result, pedestrians may not hear an approaching vehicle. 

Some pedestrians may be at a higher risk of being involved in an accident with an electric car. For instance, visually impaired pedestrians who rely very heavily on their sense of hearing to detect accident hazards, may be at a special risk of being involved in a car accident with an ultra quiet electric car. Children, whose senses are not developed fully, may also be at high risk when they fail to hear an approaching car. It is the safety of these pedestrians that the National Highway Traffic Safety Administration  wants to address.

In October 2009, the National Highway Traffic Safety Administration found that electric and hybrid vehicles were involved in a disproportionate number of accidents involving pedestrians, compared to gas-powered vehicles. An additional study conducted in April 2010, found that electric cars with their low levels of noise were dangerous for visually impaired pedestrians.

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

Auto accident attorneys in Atlanta know car accidents often have far-reaching effects that extend far beyond the reach of initial injuries. Sometimes, the dust never really settles. This will never end for me,'' said a recent auto accident victim. The 30-year-old Georgia woman had been convicted of second degree vehicular homicide, reckless conduct and failure to use a crosswalk one year after her four-year-old son was struck and killed by a motorist as he crossed the street. The kicker? She could have actually served a longer sentence than the hit-and-run driver.

The family had been using public transportation to shop all day and the bus had just dropped the family off at the bus stop. The nearest crosswalk was half a mile away, it was getting dark, and the mother made a decision that would forever alter her life. She and her three children were hurrying across the four-lane highway, when a driver plowed through the family in his van.

The driver, who had previously been convicted of two separate hit-and-run incidents, was also blind in one eye and confessed to consuming alcohol and painkillers on the day of the April 2010 incident. He has already completed his six month sentence and is now serving five years probation, reports the New York Daily News. The mother, who has not yet had a chance to grieve her loss or heal from her own wounds, faced up to three years in prison and the additional loss of her two surviving daughters, prior to a July 26 sentencing that assigned her one year’s probation or gave her the option of a new trial. She chose a new trial.

In the wake of sentencing, many have questioned whether the mother will seek compensation for her loss. The answer? In the legal world, it all comes down to fault.
Generally, when it comes to car accidents, fault is determined by the law of negligence. The negligent person is the person who fails to exercise a reasonable standard of care under the circumstances. In many cases, both the driver and the pedestrian can be found negligent. However, the way the pedestrian-motorist accident scenario is treated varies by state.

In Georgia, the standard is proportional comparative fault. This means an injured person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, as is the case here, the pedestrian may be crossing the street illegally while the driver is traveling in excess of the posted speed limit. But factor in other intervening events – like the driver’s former convictions for the same offense, his eyesight and his blood alcohol level – and the scale seems to tip in the favor of the pedestrian. Ultimately, it’s up to judge or jury to decide.

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

Elderly pedestrians account for just 13% of the American population, but comprise 22% of all pedestrian accident deaths here. It doesn't take an Atlanta pedestrian accident lawyer to understand that these pedestrians are simply at a higher risk of being fatally injured in accidents. However, the situation could get worse. As the nation's baby boomers step into their mid-60s, transportation safety advocates expect these pedestrian safety problems to explode. 

Not only are seniors living much longer, but they are also living healthier lives. A 65-year-old American today probably lives independently, and walks a lot for leisure for health. Unfortunately, these persons are likely walking on streets that have not been designed with their safest interests in mind. 

Many of the streets were designed decades ago, when there were fewer numbers of pedestrians on the street, let alone elderly pedestrians. In those days, streets were designed for automobiles only. An elderly person is slower than most people for who our crosswalks were designed. That's a fact of life, and street planning has not taken this into consideration.

Posted By Robert Katz In Auto Accident Claims , Elderly , Pedestrian accidents | 0 Comments Permalink

A 19-year-old woman, who was injured when she was struck by a pickup truck as she walked on a crosswalk, continues to remain in a critical condition in the hospital. The man who was driving the pickup truck that struck her has been arrested. As an Atlanta personal injury lawyer, often the worst cases I see involve pedestrians. Motorists must remember that whenever they approach an intersection, they need to slow down to protect pedestrians.

The woman was walking on the crosswalk when she was hit by the truck driven by 19-year-old Dalton Mason. He was arrested by police a little while later at his home in Acworth. He has been charged with failure to yield to a pedestrian, failure to stop at a stop sign and other charges. Preliminary investigations seem to suggest that the pedestrian had the right-of-way here.

Preventing pedestrian accidents in Atlanta is going to be even more challenging in the summer with more pedestrians on the street. Besides, rising gas prices have already meant more pedestrians choosing to walk to work than drive. These pedestrians are likely to be at risk from motorists who fail to respect even a pedestrian's most basic rights. 

Failure to yield to a pedestrian is one of the most basic rights of a pedestrian. However, every year, Atlanta pedestrian accident lawyers come across a number of cases involving pedestrians who had the right-of-way, but were struck anyway because a driver could not be bothered to yield.

This summer, motorists must be careful about looking out for pedestrians as they drive. Look out for pedestrians at crosswalks, and waiting to cross the road at intersections. When you see a pedestrian cross the road, slow down and wait till the pedestrian has crossed the street. Do this even if the pedestrian is not on a crosswalk.

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

Georgia police are reporting an increase in auto accident deaths over the Memorial Day holiday weekend. This year, a total of 18 people were killed in car accidents and motorcycle accidents over the holiday weekend, an increase from five deaths in 2010. Of course, there were many more persons injured this past holiday weekend. As an Atlanta personal injury lawyer, I always note a significant increase in accidents over every holiday.

According to the Georgia Department of Public Safety, most of those deaths occurred on Atlanta streets. Out of the 18 deaths, 11 occurred in Atlanta. At least some of those accidents also involved motorcycle deaths and pedestrian accidents resulting in deaths. In Atlanta, a student at Georgia Tech was killed in a motorcycle accident when his motorcycle was struck by a drunk driver. Another motorcycle accident was recorded in Lilburn over the weekend. 

Heavy traffic and motorists rushing to get to their destination during the holiday were responsible for many of the fatalities. In one accident, a 19-year-old motorist escaped injuries when his car flipped over. As he was standing outside the car checking out the damage, he was struck by a passing vehicle. He died at the scene.

Some deaths this holiday were linked to red light violations. A 16-year-old driver in Roopville allegedly ran a red light and struck another vehicle. Both the teen driver and the occupant of the other vehicle were killed. 

There has been no official word about the reason for the dramatic spike in auto accident fatalities and injuries this Memorial Day weekend over the last year. However, as Atlanta car accident attorneys, weare already concerned about the fact that the year’s peak travel season has only just begun. Hopefully, the Memorial Day death toll won't be an indicator of what we can expect over the next three months. To everyone out there - drive safely, do not drink and drive, and switch off your cell phone while driving.

Posted By Robert Katz In Auto Accident Claims , Motorcycles , Pedestrian accidents , Wrongful Death | 0 Comments Permalink

Two children were left seriously injured in a pedestrian accident in southwest Atlanta last week. The accident occurred near Donnelly Avenue, and involved a stolen car. As an Atlanta injury attorney, I have too often seen stolen vehicles involved in auto accidents involving serious injuries. We need to continue to work hard to reduce the number of vehicle thefts which in turn will reduce the number of these accidents.  

According to Atlanta Police, a group of four young men seem to have stolen a Dodge Intrepid. The two children, aged seven and nine were walking on a sidewalk with their mother. The nine-year-old child suffered from cerebral palsy, and was in a wheelchair. The child was thrown out of the wheelchair when the car struck, and was slammed on the pavement. The younger child suffered a broken arm. The mother also suffered injuries.

According to several witnesses, the car had been traveling erratically down the road just before the accident. The four young men got out of the car and fled the scene of the accident. The police are still looking for these men as investigations continue.

The mother here did not do anything wrong. She and the children were walking on the sidewalk as they were supposed to. 

In 2007, nonprofit group, Safe Kids Worldwide announced a decline in the number of children aged 14 and below being killed in pedestrian accidents over the past decade. According to Safe Kids, fatal pedestrian child fatalities fell by about 40% between 1995 and 2004. However, the group warned that much more needed to be done to encourage safe walking in children. 

The First Lady has been trying to encourage walking in children to help reduce childhood obesity. I very much agree with her efforts and support them. However, as Atlanta pedestrian accident attorneys, we believe that any campaign to increase walking aimed at children, must come with a focus on creating a safe environment for children to walk in.

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

Georgia has some of the lowest rates of bicycling in the US. That probably has something to do with the fact that this is one of the most dangerous states for bicyclists in the country. In fact, Georgia ranks at number eight nationwide for the number of bicycle accident deaths and, of course, these means there are also a significant number of injuries. As any Atlanta injury attorney will tell you, the state is not much safer for pedestrians either. According to the Georgia Department of Transportation, the Metro Atlanta region is the 10th most dangerous metropolitan area for pedestrians in the country. This summer, the Georgia Department of Transportation needs to focus on how to reduce pedestrian accident and bicycle accident deaths.

There's no doubt that a pedestrian in Atlanta is at serious risk of injuries in an accident. For example in Georgia, pedestrian accidents make up just 1% of all traffic accidents, but these deaths account for 10% of all traffic accident fatalities every year. 

Few cities in the country have the kind of congested traffic that Atlanta has, and pedestrians and bicyclists have a big role to play in relieving some of this traffic. It's the reason why Atlanta bicycle accident lawyers believe in the need to encourage bicycling and walking as sustainable, efficient, and most importantly, safe means of transportation. However, encouraging biking in Georgia has been an upward climb, because of the high risk of injuries to bicyclists here. 

Unfortunately, in Georgia, pedestrian accidents and bicyclist accident accidents are part of the risks from walking or biking.  However, that risk can be reduced. In 2010, Georgia adopted the Bicycle and Pedestrian Safety Action Plan that includes a number of measures aimed at increasing safety for bikers and pedestrians in the state. For instance, the plan would invest in educating transportation professionals on bicycle design and pedestrian safety, as well as increasing the number of crosswalk enforcements. The plan would also identify pedestrian and bicycle accident hotspots across Georgia, and look into the installation of safety features that could prevent these accidents. The Bicycle and Pedestrian Safety Action Plan needs to be implemented in its entirety as quickly as possible.

Posted By Robert Katz In Bicycle Injury Claims , Pedestrian accidents | 0 Comments Permalink

The Insurance Institute for Highway Safety has come out with a new study that promotes traffic safety initiatives of the kind Atlanta pedestrian accident attorneys have been advocating for too - the use of technology to prevent pedestrian accidents. As an Atlanta injury lawyer, I have seen a significant number of car accidents involving pedestrians. These auto accidents often involve serious personal injuries and many times result in the wrongful death of the pedestrian. Any technology that decreases the number of pedestrian accidents is a welcome innovation.   

The Insurance Institute has studied technologies that can help prevent these accidents, and for this, it has analyzed the most common kinds of pedestrian accident scenarios. Between 2005 and 2009, 224,000 pedestrians were involved in front-impact accidents involving single passenger vehicles. Out of these 13,193 pedestrians were killed.

According to the Insurance Institute, the most common kinds of pedestrian accident scenarios involve a person crossing the road, and a car traveling straight ahead towards the pedestrian. In these cases, the motorist has a clear view of the pedestrian, but is unable to stop in time. The Insurance Institute study is promoting the use of forward collision warning systems, including pedestrian technology, to prevent these accidents. Forward collision warning systems have been very popular for some time now. These systems allow the driver to detect an object that is in the path of the car, thereby encouraging him to apply the brakes, and prevent an accident. Some of these systems now come with pedestrian detection technology that enables the driver to detect not only an object, but also a pedestrian in the car’s path.

In the European Union, automakers are now performing design modifications to the front of the vehicle to reduce the severity of injuries to pedestrians in an accident. Something similar to this could help reduce pedestrian deaths in the United States too, but the National Highway Traffic Safety Administration has failed to pursue similar initiatives here.

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

As Atlanta pedestrian accident attorneys, we often come across cases involving pedestrians seriously injured in accidents caused by senior motorists. A new study conducted by Israeli researchers suggests that elder drivers may suffer from an inability to see things in their peripheral vision that prevents them from seeing pedestrians on the curb or sidewalk. This increases the likelihood of a pedestrian accident. Of course, auto accidents involving pedestrians often involve the most serious injuries.

The study came out of a spike in pedestrian accidents involving senior motorists in Israel. The researchers were looking at the specific challenges an elderly motorist faces as far as pedestrian safety is concerned. The researchers placed older motorists in a simulator, and measured their responses to vital safety signals. 

They found that drivers above the age of 65 were half as likely to spot a pedestrian as younger drivers. Not only that, they also found that senior motorists were just half as likely to tap the brakes when they spotted a pedestrian on the curb or sidewalk, as younger drivers. This signifies one of two things-either these motorists don't spot a pedestrian in time to react, or they don't consider pedestrians a serious accident hazard. Either of these theories spells danger for any pedestrian in the path of an elderly motorist.

Previous scientific studies have focused on elderly motorists’ diminished ability to focus on objects or persons in their peripheral vision. Scientists believe that this is a natural part of aging, but fortunately, it doesn't have to mean that older motorists are doomed to miss pedestrians or objects that fall outside their peripheral vision. For instance, there are brain games like Lumosity that older motorists can play to develop those areas of the brain that are responsible for focusing on objects in their peripheral vision.

Posted By Robert Katz In Auto Accident Claims , Pedestrian accidents , Senior Citizens | 0 Comments Permalink

Elderly drivers in Atlanta may be plagued by a variety of health issues, like failing vision that can increase their risk of an auto accident. However, new research suggests that vision problems among the elderly may be much more complicated than simply failing eyesight. The study seems to suggest that the elderly have trouble seeing objects in the foreground, which increases the risk of an accident with pedestrians and bicyclists. Of course, pedestrian accidents and bicycle accidents generally result in extremely serious injuries.

The study was conducted at the University of Rochester, and found that older people have impaired activity in the medial temporal visual area of the brain. This part of the brain suppresses movement in the background, so that the person can focus clearly on objects in the foreground. In elderly people, this section of the brain may be impaired. They may find it easy to perceive movement in the background, but not so easy to see objects that are in the foreground. That is why Atlanta car accident attorneys so often find elderly motorists involved in accidents with pedestrians and bicyclists.

The researchers used a technique called Transcranial Magnetics Stimulation, which involved attaching a magnetic card to the subject’s head, and measuring the activity of the MT area of the brain. The MT area was stimulated using electrical signals, and the researchers analyzed how well the subjects in the study identified the movement of objects. They found that when the MT area of the brain was impaired, the person could readily and easily identify objects in the background.

These results provide clues to at least one of the issues that affect elderly drivers, and also suggest that these drivers may be distracted by objects in the background because of impaired MT area activity as a result of their age. As Atlanta car accident lawyers, we believe that these results can be used to fine-tune driving programs for elderly motorists.

Posted By Robert Katz In Auto Accident Claims , Bicycle Injury Claims , Elderly , Pedestrian accidents | 0 Comments Permalink

The driver of a Cobb County Transit bus, which was involved in a serious pedestrian accident last week that left a pedestrian with an amputated leg, has now been charged. Atlanta police have charged the driver, Jean Lewis with failure to yield to a pedestrian on a crosswalk and failure to exercise due care. Of course, pedestrian accidents are more often involve the most serious injuries.

Lewis was driving a Cobb County transit bus when it struck a 54-year-old pedestrian. The bus struck the woman as it was turning left at a light. According to witnesses, the woman apparently saw the bus pulling out of the Hamilton Holmes Marta Station, and tried to walk faster, but she was struck by the rear of the bus, and fell to the ground. She suffered a severe leg and a broken ankle. According to Cobb County Representatives, the driver will be removed from service, pending completion of the investigation.

This pedestrian accident comes as the National Highway Traffic Safety Administration reports on an increase in pedestrian wrongful deaths around the country. The increase is minimal, just .4%, but it comes after four continuous years of declining pedestrian accident deaths.

What Atlanta pedestrian accident attorneys have found extremely unfortunate is that the blame is often placed on pedestrians for this increase in wrongful deaths. The National Highway Traffic Safety Administration squarely blames pedestrians who are distracted while walking, or walking in a state of intoxication, for this increase in pedestrian deaths. Although this may be true at times, many pedestrian accidents occur every year because of failure to yield to pedestrians, especially those who are on crosswalks.

Posted By Robert Katz In Bus accidents , Pedestrian accidents , Wrongful Death | 0 Comments Permalink

There was a slight drop in the number of pedestrians deaths in auto accidents in Georgia in the first half of 2010. Last year, we had 77 pedestrian deaths in the first six months in auto accidents, compared to 78 pedestrian deaths in 2009. That is a very tiny decrease, but it is still better than the overall national picture, which actually shows an increase in pedestrian deaths in 2010.

Across the country, there was a .4% increase in pedestrian accident fatalities in the first six months of 2010. That increase came after several half-yearly estimates that showed a decline in pedestrian accident deaths over the past four years. The feds are at a loss to explain this increase. . An increase of .4% may not seem like much, but for any Atlanta pedestrian accident lawyer, any sudden spike like this should sound alarm bells.

One of the theories that are being thrown about for this increase in pedestrian accident fatalities, is simply more numbers of people taking to the streets. First Lady Michelle Obama has a nationwide anti-obesity campaign in full swing, and part of that includes Americans getting out of their cars and walking to work. Besides, the National Highway Traffic Safety Administration is pointing to an increasing number of pedestrians plugged to their music systems, smart phones and other gadgets while walking. A distracted pedestrian is at a much higher risk of being injured in an accident.

However, federal agencies including the Governor’s Highway Safety Association seem to be focusing all the blame on pedestrians. They are harping on intoxicated pedestrians. Much of the blame for this increase should be shared by city planners who have failed to design roads that factor in the needs of pedestrians, and distracted/intoxicated/speeding motorists who fail to look out for pedestrians.

Posted By Robert Katz In Pedestrian accidents , Wrongful Death | 0 Comments Permalink

Every year, approximately 228 people are killed in back over pedestrian accidents that are caused when drivers are backing out their cars, and fail to notice pedestrians behind. Approximately 100 of those wrongful deaths every year include little children, who are tragically killed when their parents are backing out of the garage and run over them. The National Highway Traffic Safety Administration has now proposed backup camera systems that would prevent such accidents.

According to the NHTSA, more than 70,000 injuries occur in back over pedestrian accidents every year. Of these, more than 2,000 injuries involve little children. According to the federal agency, every year, between 95 and 112 lives could be saved in back over pedestrian accidents if such cameras are mandated in all vehicles. Besides, installation of these cameras could prevent up to 8,300 injuries. The NHTSA plans to require automakers to have these backup camera systems installed in 10% of their vehicles by September 2012, 40% of their vehicles by September 2013, and in all their vehicles by September 2014.

The biggest tragedy in most back over accidents involving children, is that the person driving the car is usually a parent, grandparent or a close relative. These pedestrian accidents often involve bigger vehicles, like sports utility vehicles and minivans. These vehicles are also heavily popular with families. Blind spots in a motorist’s rear vision may block a little child who is playing, walking or standing behind a car, with terrible consequences.

As Atlanta car accident lawyers, we know the devastating emotional toll that an accident like this can wreak. The tragedy is that many of these pedestrian accidents can be prevented by installing backup cameras, which are easily available in the market. These cameras are inexpensive, costing only between $159 and $203.

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

The end of daylight saving time and the setting of clocks an hour back, could mean an increased risk of auto and other accidents in Atlanta, especially those involving pedestrians. That warning comes from the National Highway Traffic Safety Administration, which is cautioning motorists in Georgia and around the country to take special care to avoid pedestrians.

According to the National Highway Traffic Safety Administration, out of the 4,092 pedestrian fatalities that occurred last year, 25 percent occurred between 4 PM and 8 PM, while 13 percent occurred between 4 AM and 8 AM. These are some of the most dangerous times for motorists and pedestrians. As motorists get used to the new low-light driving conditions, they are much more likely to miss pedestrians walking on the street. The National Highway Traffic Safety Administration is warning that adjusting to the new driving conditions can take time, and voters may be disoriented, confused or just plain distracted during these times.

It's important for motorists to look out especially carefully for pedestrians at intersections and crosswalks. Make sure that your windshield, mirrors and windows are clean, so that you can see pedestrians and other motorists. Remember that many pedestrians are wearing earmuffs and hats at this time of the year, and may not be able to hear your vehicle. Slow down speeds. 

Pedestrians should also wear brightly colored or reflective clothing to ensure that they are visible to motorists at all times. Carry a flashlight when you go out during the early morning or early evening hours. Avoid distractions while you're walking. Switch off your iPod - distractions make it harder for you to hear an approaching car. Stay on the sidewalks as much as possible, and cross the street on a marked and designated crosswalk if at all possible. 

TheAtlanta pedestrian accident  lawyersat the Katz Law Firm represent injured pedestrians in accidents in and around the metro Atlanta region, and across Georgia.

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

Children in Georgia, who are out trick-or-treating on Halloween, have an increased risk of being involved in a pedestrian accident. According to the NHTSA, more than 4,000 children between 5 and 14 are injured every year in pedestrian accidents on Halloween. 

Both parents and motorists have a big role to play in keeping children safe over Halloween by preventing pedestrian accidents. If your child is trick-or-treating on Halloween, make sure that there's an escort with the children at all times. Explain all traffic safety rules to your child. Avoid dressing up a child in large and cumbersome costumes that can pose a potential slip and fall hazard. The costumes must be simple, but as colorful as possible. Bright colors can help a driver see your child in the dark. If that's not possible, stick some reflective tape on the costume. Try and avoid masks and large hats as much as possible. These may obstruct your child's vision, and he may fail to notice an approaching car. Facial makeup can easily substitute for a mask. Children must also avoid trick-or-treating in unlit or busy areas. 

Motorists can do their bit by being aware that there are hundreds of children out there for whom safety might be a low priority. Unless it is it absolutely essential, avoid driving on Halloween night. If you have to drive, make sure that you are extra focused and alert. Avoid driving under the influence of alcohol, and switch off all distractions while driving. That includes your music system, your GPS navigation system and your cell phones and Blackberry/iPhones. Look out especially hard for children at crowded intersections or near crosswalks. Watch out for children who may suddenly dart into the road.

The Atlanta car accident attorneys at our firm would like to wish everyone a safe and enjoyable Halloween!

Posted By Robert Katz In Pedestrian accidents | 0 Comments Permalink

Atlanta Is Most Dangerous City in the World for Pedestrians

GOOD magazine has taken pedestrian fatality statistics from 21 international cities, and has ranked them on safety. It isn't surprising, but still a matter of shame to us, that that the city of Atlanta has been named the most dangerous in the world for those who wish to walk. 

In Atlanta, according to the study, there are 10.97 pedestrian fatalities for every 100,000 pedestrians. Most of the other positions on the list are also taken up by American cities, outlining the danger pedestrians in the US face compared to those in some European and Asian cities. Detroit, Los Angeles, Baltimore Philadelphia, Chicago, Washington, Milwaukee, San Francisco, Boston and Seattle occupied the other top positions on the list. New York and Portland seem to be some of the safest large cities in the US for pedestrians. Even Tokyo with its heavy density of population seems to be a much safer city for pedestrians than most American cities.

As expected, there has already been much outcry about the veracity of a list like this, especially among Atlantans. Whether you agree with the results of the study or the manner, in which pedestrians in different cultures have been compared here, is beside the point. Anybody who’s lived in Atlanta for any period of time will tell you, that this isn't exactly the safest city for pedestrians or bicyclists. The fact that that there are close to 11 fatalities for every 100,000 people who choose to walk to work every day, should be a matter of concern.

Nationwide, there's currently much talk of developing other modes of transportation, and the US DOT is encouraging more people to bike and walk to relieve congested streets. We're not going to see much success with those efforts in Atlanta, if we continue to have such absurd pedestrian fatality rates.

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

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

Last year, Transportation for America named the Atlanta-Sandy Springs-Marietta area as the 10th deadliest area for pedestrians in the country. A new report by the Atlanta Journal-Constitution shows that these dangerous conditions are increasing, because of the lack of sufficient crosswalks for pedestrians. Further, according to the report, pedestrians may be at a greater danger in the suburban metro Atlanta area where motorists may not expect pedestrians and where there are few strategically placed crosswalks, than on city streets.

This month, a mother who lost a child in a pedestrian accident will face trial on charges of involuntary manslaughter and reckless conduct. In 2008, Raquel Nelson was walking with her four children outside the crosswalk in Cobb County, when one of the children was struck and killed by a motorist. The loss of a child was a tragedy too much for a mother's heart to bear, but there was more cruelty in store for Nelson. She was immediately charged, and found that public opinion was strongly against her. No one found it fit to pursue the fact that there were few crosswalks at the area where the accident took place.

Last month, a similar accident killed a four-year-old boy. The mother had been crossing the street outside the crosswalk with the boy and her other children, when he was killed by a motorist. The nearest crosswalk was at least 3/10^th of a mile in the either direction. It was late, and the family was in a hurry to get into a bus that had just stopped at a bus stop on the other side of the street.

The area around a bus stop seems to be the most dangerous for pedestrians in Atlanta. According to a study by the Atlanta Regional Commission, about 25% of pedestrian accidents in the metro Atlanta region occur within 100 feet of a bus stop. Close to 50% of pedestrian accidents occur within 300 feet of a bus stop. There are few crosswalks where many of these bus stops are located, and pedestrians often have no other choice, but to cross outside a crosswalk.

Not everybody's willing to walk a mile to get to a crosswalk. That is something that Atlanta authorities must understand, instead of blaming victims and their families whenever there are accidents.

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

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

It wasn't the first time that Cynthia Parham had knocked over a person and fled the scene of the accident. She had a prior hit-and-run conviction back in 1983, and is now accused of another hit-and-run in Atlanta, that seriously injured an eight-year-old boy.

The most recent accident occurred on 10 May, when the victim was walking with his mother on a crosswalk at an intersection near interstate 285. Parham’s car struck the boy, and dragged him approximately 150 feet. He sustained serious life threatening injuries. Parham left the scene of the accident. Fortunately, witnesses at the scene were able to testify to police, and officers located the car at her home a short while later.

It now turns out that Parham has had several brushes with the law. She was convicted for hit-and-run back in 1983. She also served six months in prison on charges of burglary in 1982. She has also been involved in a whole bunch of other cases involving criminal trespass, forgery and simple assault. In 1995, she faced misdemeanor charges of being party to a crime, but that charge was later dismissed.

As Atlanta personal injury lawyers, we hope that the law is very tough with Parham this time around. An innocent little child is fighting for his life in a hospital because Parham couldn't be bothered to follow traffic safety rules. Motorists are required to look for pedestrians on the crosswalk, and slow down in time to avoid pedestrians walking on the crosswalk. These are simple safety rules that don't require great effort to follow. However, failure to adhere to these rules can mean catastrophic injuries to innocent pedestrians.

The Atlanta personal injury attorneys at the Katz Law Firm represent injured victims of auto/truck/motorcycle/pedestrian accidents in the metro Atlanta region and across Georgia.

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

Georgia Pedestrians at Risk from Shortage of Crosswalks

A pedestrian accident last week in Marietta killed a four-your-old boy and seriously injured his mother and sister. The family was crossing the road in front of their apartment when they were struck by a van. The driver of the van drove off from the scene, but was traced later and arrested.

As Atlanta pedestrian accident lawyers, we often come across the single most important question that people seem to ask whenever a pedestrian is involved in a collision. Was the person walking on a crosswalk?

Unfortunately in the Marietta accident, there was no crosswalk for at least half a mile on either side. Persons who alight from a bus at a nearby bus stop are forced to walk across several lanes of busy traffic to get to the other side. According to the Atlanta Journal-Constitution, it’s common to find pedestrians trying to cross the road with dozens of cars whizzing past them. It's an exceedingly busy road, and urgently needs a crosswalk (or more) to prevent pedestrian fatalities.

According to Atlanta pedestrian safety advocacy group PEDS, pedestrians have a much higher chance of being involved in an accident when they are around a bus stop. Approximately 44 % of pedestrian accidents occur around a bus stop, and an estimated 33% of pedestrian accident fatalities also occur in this zone.

Building enough numbers of safe well-designed crosswalks can greatly contribute to pedestrian safety. As Atlanta pedestrian accident attorneys, we tend to focus on enhancing awareness about pedestrian rights and better enforcement of laws. The fact is that pedestrian crosswalks and other safety aids can also enhance safety. Unfortunately, these are often seen as an additional expense, and often take a back seat to enhancements that convenience motorists and keep them safe.

That kind of attitude must change if we are to minimize pedestrian accident fatality rates in Georgia.

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

Teenager Killed in Stone Mountain Pedestrian Accident

A Stone Mountain teenager was killed last week in an accident involving a teen motorist. Tanesha Williams was walking to her mother’s home after school when she was struck by the car. According to DeKalb County Police, the 17-year-old driver lost control of the vehicle and drove on to the sidewalk. The other two students with Tanesha suffered moderate injuries. Tanesha died later of her injuries. She was all of 14 years old.

Meanwhile, detectives believe that the teen motorist was likely trying to pass a second car at a high rate of speed. This likely caused the driver to lose control of the car, and driving up on the sidewalk and hitting the three pedestrians. Police still don’t know whether the second car was involved in the accident or if the two cars were racing.

Due to their age and inexperience, teen motorists are more likely to exhibit reckless driving behaviors, like speeding. On this blog, we have been calling for stronger participation from parents, schools, and the broader community in preventing teen motorists-related accidents. It’s important that parents have regular and frank discussions with their children about the dangers of drunk driving, speeding and other reckless behaviors.

Keeping tabs on your children’s driving may seem horribly old fashioned, but a survey last year showed that teen motorists whose parents are involved in their lives and are aware of their whereabouts, were less likely to be involved in accidents. As Atlanta auto accident lawyers and parents ourselves, we would encourage parents to take a much more active role in their children’s driving practices. Some cars even make it easier for parents to monitor their children’s driving.  Ford has its My Key technology that allows parents to set maximum speed limits on their children’s cars, and encourages buckling up by failing to start if the driver or the front seat passenger are not wearing seat belts.

Posted By Lisa Siegel In Pedestrian accidents | 1 Comments Permalink

As Atlanta pedestrian accident lawyers, we haven’t been blind to the lack of proper infrastructure that makes Atlanta such a dangerous place for pedestrians. Now comes a new study that confirms the Atlanta metropolitan area as one of the most treacherous places for pedestrians in the US.

The rankings have been developed by the Surface Transportation Policy Partnership, which recently released a report on the state of pedestrian safety in the country. The picture is bleak. According to the report, approximately 5,000 pedestrians die every year in traffic accidents.

The list of 10 most dangerous metropolitan areas has Florida occupying the first four spots making it a nightmare destination for pedestrians.  Memphis is at number 5, followed by Raleigh –Cary, North Carolina, Louisville/Jefferson County, KY-IN, Houston-Sugarland- Bay Town, TX, Birmingham-Hoover, AL, with Atlanta- Sandy Springs- Marietta occupying the 10^th spot. To generate accurate rankings, the researchers developed a Pedestrian Danger Index (PDI) to clearly and correctly compare metropolitan areas based on actual danger to pedestrians.

While the nationwide the PDI or the risk of walking is 52.1, Georgia’s pedestrians have a PDI of 99.2. Among Georgia’s metropolitan areas, Macon ranks first on the list with a population of 223, 0777, and a PDI that’s off the charts at 398.9. In Macon, 20 percent of the total traffic deaths between 2007 and 2008 were pedestrians. Macon is followed by Brunswick, Rome, Albany, Atlanta-Sandy Springs-Marietta, Dalton, Savannah, Chattanooga, Augusta- Richmond County and Warner Robins.

One reason for Georgia’s appalling showing in pedestrian safety is that in Georgia, little is spent on the kind of pedestrian safety programs and infrastructure enhancements that can minimize fatalities. While Georgia had a total amount of $4.04 billion available in federal transportation funds between 2005 and 2008, just 1.7 percent of this was spent on pedestrian safety enhancement projects like building sidewalks and crosswalks, and safety awareness programs for pedestrians. That works out to a grand total of $1.78 per Georgian on pedestrian safety.

Walking the streets of Atlanta should not have to be a test of survival skills. For too long, city planners have been too shortsighted and too focused on auto safety. As Atlanta pedestrian accident attorneys, we have just one question - why isn’t there more outrage at such negligence of the most vulnerable users of our roads?

Posted By Lisa Siegel In Pedestrian accidents | 0 Comments Permalink

At our Georgia personal injury law firm, we've seen the consequences of being distracted behind the wheel through cell phone use, changing CDs etc., and the devastating motor vehicle accidents these behaviors can cause. A new study shows that these distractions are just as dangerous for their ability to cause pedestrian accidents.

Research is being conducted at the Ohio State University to determine the effect that the use of electronic devices, including cell phones and MP3 players has on pedestrians. According to this report, incidents of distracted pedestrians being hit by cars and even trains are becoming more frequent.

Multitasking is a fact of modern life, and pedestrians who can't fight the urge to slip on their headphones or stay in touch with the office on their cell phone are at an increased risk of being involved in an accident. We don’t think twice when we see a pedestrian walking with his headset on, swaying to the music, but researchers and doctors are worried that the distractions caused by the use of such electronic devices are severe enough to be a health hazard. The number of pedestrians being rushed to emergency rooms with injuries sustained being struck by vehicles while they were talking or text messaging on their cell phone or listening to music, have increased. These pedestrians are at a high risk of being unable to hear a car horn, or notice a motorcycle making a turn just ahead of them. It's not just those walking on the streets that are at risk from such distractions. In the last two months, at least two people in North Carolina alone were killed as they walked on train tracks with music playing on their headsets. They failed to hear the train engine as it came hurtling towards them.

There haven’t been enough studies done to prove a definite link between pedestrian use of electronic devices and a higher risk of accidents. The National Highway Traffic Safety Administration doesn't include statistics of pedestrian fatalities from electronic device distractions in its database, but representatives at the agency have already voiced their concern over these increasing numbers.

Being 100 percent attentive on the road - whether you're behind a wheel or walking on the sidewalk – is really a matter of common sense. Pedestrians have the highest risk of fatalities when they are involved in an accident simply because they don’t have the tough armor of an automobile's body shielding them from serious injury or the safety that comes with seat belts and air bags. As Atlanta personal injury attorneys, it makes sense to us that pedestrians avoid accidents in the first place by switching off their cell phones and taking off their headsets.

Posted By Lisa Siegel In Pedestrian accidents | 1 Comments Permalink