Georgia Injury Law Blog

RECKLESS DRIVING CAUSES TEEN DEATHS

lisasiegel1@mindspring.com (Lisa Siegel) — Fri, 31 Oct 2008 10:20:38 -0500

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.

GEORGIA DOT IN BUDGET CRISIS

lisasiegel1@mindspring.com (Lisa Siegel) — Tue, 28 Oct 2008 10:05:04 -0500

A state audit recently revealed that the Georgia DOT (DOT) has a $456 million dollar budget shortfall. The Georgia Constitution does not allow a state agency to run a deficit. Thus, the State Board of Transportation has had scramble to cut funding for road projects in 2010.

The DOT is governed by a 13-member State Board of Transportation. The Board decides which public roads will be part of the state highway system, approves long-range construction projects, oversees construction projects and administers lease agreements among other duties.

Audit problems have waylaid the big budget road projects as the DOT faces an $8 billion dollar shortfall over the next six years. If the Georgia Legislature approves the 2010 budget, thirty percent of the state’s main road budget will go for payments on previous road project commitments. Much of the road budget goes to repaving, repairs and maintenance. There will be less money for new construction of highways, safer interchanges, and bridge replacement.

As reported in the Atlanta Journal and Constitution this month, the DOT slowdown has cost 10,000 jobs in road building and engineering. Internally, the DOT plans to lay off hundreds of workers, eliminate unfilled jobs, freeze pay raises and cut health care benefits. Eleven local road projects across the state have been taken off the drawing board.

How does this affect our state? Our highways, roads and public transportation contribute to virtually everything of value in our economy and in our lives. Roads link businesses to suppliers and customers. Roads bring jobs, health care, education, government and recreation within our reach. Economists have determined that public investment in surface transportation increases economic output, reduces prices, raises incomes and raises profits.

For example, a new highway makes it possible for a rural region to attract new industry, creating jobs and tax revenues. Low-income residents who gain expanded access to public transportation systems suddenly have access to jobs, which cuts unemployment, raises income, and creates tax revenue.

According to Cambridge Systematics, Inc, a transportation consulting firm, every $1 of tax income invested in public transportation generates $6 in economic returns. Standard & Poor’s asserts that highway investment has been shown to stimulate the economy more than any other fiscal policy.

Poor roads and underfunded infrastructure lead to highway safety problems and congestion. The U.S. Department of Transportation analysis shows that 42,000 people are killed in highways annually. According to these reports, poorly maintained roads are responsible for a third of those injuries.

As our economy continues to tumble both on a state and national level, the cost to Georgia citizens for a slowdown in road development and maintenance is enormous. Not only will this hurt Georgians economically, it raises the risk of driving. Let’s hope the DOT budget gets back on track.

However, if a poor road design or poorly maintained road causes an accident for which you or someone you love is injured, the law firm of Robert N. Katz can help you. Contact us today for a free consultation on your claim.

INSURANCE GIANT AIG NOW OWNED BY US GOVERNMENT

lisasiegel1@mindspring.com (Lisa Siegel) — Fri, 19 Sep 2008 10:46:03 -0500

This week in a stunning shake up of the financial markets, AIG, the largest property and casualty insurer in the world, was saved from bankruptcy when the federal government stepped in at the last hour with an $85 million bridge loan of United States taxpayer money.

On Wednesday, the feds orchestrated the loan along with taking an 80 percent ownership interest in the company. That’s right, the United States government now owns the world’s largest property and casualty insurance business. While the federal government interceding to takeover and in effect nationalize an ailing private company is not unprecedented, it was a rare occurrence in the United States until this week.

AIG’s biggest block of business, general insurance, accounts for nearly half of the holding company’s $110 billion revenue. However, AIG’s financial unit was heavily involved in providing credit default insurance, which was linked to subprime mortgages.

As detailed in The Economist AIG suffered a liquidity crisis this week when subprime losses mounted and it had to put up more collateral with its counterparties. This caused a credit-rating downgrade, which in turn triggered margin calls. Or as one pundit put it, AIG became like Wylie Coyote stepping off the canyon; suddenly it was running with nothing but air underneath it.

The government’s bailout structure helped AIG avoid a bankruptcy that would in turn have caused a collapse of those credit default structures in the banking and mortgage industry. It also gave AIG time so that it did not have to dump its healthy businesses in a chaotic market.

Former Allstate Insurance Company CEO, Edward M. Liddy, was installed as AIG’s CEO when the federal government announced its rescue package. Liddy was responsible for shaking up Allstate and making it more profitable. Of note, I recently blogged on Allstate being rated the worst insurance company for claimants.

New management is expected to start selling off large chunks of this global conglomerate in order to payback the loan within the two-year deadline. A committee of insurance commissioners is being formed to oversee the sale of AIG’s life and property/casualty lines.

What does this mean for the policyholders are claimants/plaintiffs currently doing business with AIG? In the insurance industry, trust is everything. When policyholders fear that insurance won’t be there to cover their losses, they will flee. A drop in AIG credit rating already gives the policyholders a right to opt out of contracts and seek coverage elsewhere.

AIG currently has $1 trillion in assets, 74 million customers and operations in 130 countries. The bottom line is that life insurance policyholders, retirement fund annuity holders and those with policies for all types of calamities are now at risk.

If you are concerned about a claim you may have or your rights as a policyholder, contact the law firm of Robert N. Katz for a free, private consultation.

INJURIES CAUSED BY LIGHTNING AT OUTDOOR SPORTING EVENT

lisasiegel1@mindspring.com (Lisa Siegel) — Fri, 12 Sep 2008 12:10:42 -0500

Twelve people were injured this week in Houston County when lightning struck at an outdoor middle school football game. One adult is in critical condition. Lightning struck while crowds were evacuating the stands.

As school has resumed, outdoor athletic events are taking place during what has been an excessive storm season. When storms threaten, school officials and coaches must not let their desire to compete in the sport override crowd and player safety.

Each year many people are killed or injured due to misinformation and inappropriate conduct during thunderstorms. Lightning casualties have increased at sporting events and for children of school age. Most of this trend is related to outdoor sporting activities. Hence, schools and other sports organizations need to develop specific policies for lightning safety at sports events.

In 1998 the Lightning Safety Group developed guidelines for lightning safety. These guidelines have been adopted by the National Athletic Trainers Association.

Basic Facts about Lightning Dangers:

1. All thunderstorms produce lightning and are dangerous. Every year lightning kills more people than hurricanes or tornados.

2. Lightning often strikes outside the area of heavy rain. Many deaths occur ahead of storms because people wait too long before seeking shelter; or people return outside too quickly after a storm passes.

3. If you hear thunder, you are in immediate threat of being struck by lightning.

4. Lightning strikes leave many victims with permanent disabilities.

How to Avoid Lightning Dangers:

1. Schools and outdoor recreation leagues should have a lightning safety plan; and the plan should be executed without exception.

2. If thunderstorms are forecast, consider postponing the event;

3. Monitor the weather for clues of impending dangers, such as darkening skies, increasing wind, thunder or flashes of lightning;

4. At the sound of thunder, crowds should move inside a substantial building. Crowds should stay away from sheds, open shelters, dugouts, bleachers or stands. If no building is available, enter a hard-topped metal vehicle with the windows closed.

What to Do If You Cannot Get to a Safe Place:

1. Avoid open areas and stay away from tall trees, utility poles and towers;

2. Stay away from metal bleachers, backstops and fences. Lightning can pass long distances through metal;

3. Spread out as this reduces the risk of multiple injuries.

4. If outside, crouch down on the balls of your feet, cover your ears, and bend your head down; attempt to make yourself as small as possible while having limited contact with the ground.

How Lightning Injures People

People are injured by lightning strikes either through

1. A direct strike to the body (3-5% of injuries)

2. Side splash from another object struck by lightning (30% of injuries)

3. Contact voltage from touching an object that is struck (1-2% of injuries)

4. Ground current effect as the energy is spread out across the surface (40-50% of injuries)

5. An upward leader that does not connect with a downward leader (20-25% of injuries)

Lightning strikes are primarily a neurological injury that affect all three components of the central nervous system: central, autonomic and peripheral.

Take precaution when you are attending a sporting event and insist that schools and athletic leagues have a lightning safety policy in place for your child. Often the greatest dangers arise from those risks we fail to appreciate.

If your school or organization fails to have a policy or fails to provide necessary precautions for its student athletes or its crowd during a thunderstorm, then the school may have liability if someone is injured.

Our law firm can provide excellent advice for those of you who may be facing catastrophic injuries as a result of a weather-related incident. Contact the law firm of Robert N. Katz for a free, private consultation.

ALLSTATE RANKS AS WORST INSURER

lisasiegel1@mindspring.com (Lisa Siegel) — Thu, 04 Sep 2008 09:05:24 -0500

The American Association of Justice, a trial lawyer’s advocacy group, ranked Allstate Insurance Company as the worst insurer for consumers. The group based its rankings on an evaluation of legal filings showing a pattern of greed, refusal to pay legitimate claims, and rewarding employees for claim denials.

The AAJ says its rankings are backed by thousands of court documents produced during litigation against the insurer and complaints filed with state insurance regulators, the SEC and the FBI. Apparently in the mid-1990s Allstate contracted the consulting giant, The McKinsey Group, to help change its claim policy to one of “lowball” offers and systematic denials.

The rest of the list includes:

Unum. Unum writes mostly disability policies. Unum faced sanctions in 48 states over its denial of disability benefits. The insurer settled out of court in 2005.

AIG. The world’s largest insurer, AIG, settled out of court for $1.6 billion in 2006 in multiple claims alleging corporate fraud and claims abuse.

State Farm. State Farm employed hardball tactics through the use of questionable engineering reports to deny claims from Hurricane Katrina victims.

Conseco. Conseco is in the business of long-term care insurance. Conseco’s delaying and stalling tactics proved beneficial to the insurer as most of the claimants died or gave up before receiving benefits.

Wellpoint. Wellpoint, a health insurance giant, routinely cancelled polices for pregnant women or the chronically ill.

Farmers. Farmers seems to be on the low end of consumer satisfaction surveys.

United Health. This health insurer pays extremely low reimbursements to physicians and is slow to pay on claims, compromising the health of its insureds.

Torchmark. Torchmark preyed on Southern policyholders for burial insurance. It routinely charged minorities more than white policyholders for the same policy.

Liberty Mutual. Another insurer that hired consulting firm McKinsey to develop aggressive tactics.

All of these claims denials tactics proved useful in putting money in the pockets of these insurance companies. Over the last ten years, profits for the property/casualty/life and health insurance have risen by 30 billion dollars.

The insurance industry takes in over a trillion dollars in premiums per year; and it holds over 3 trillion in assets. CEOs for the top ten insurance companies earned between 8 and 9 million last year.

A senior executive for the National Association of Insurance Commissioners reported that “insurance companies make money when they don’t pay claims.” Apparently, the strategy is “deny, delay and defend.” For companies like Allstate, adjustors are trained to avoid paying claims and are rewarded for low claim payouts with portable refrigerators and office pizza parties. Allstate CEO Jerry Choate admitted in 1997 “[t]he leverage is really in the claims side. If you don’t win there, I don’t care what you do on the front end. You’re not going to win.”

For a real eye-opener into the insurance industry, read the full report. The insurance industry is in dire need of reform. Allstate has enjoyed a return on profits double that of other S&P 500 companies. Meanwhile, its policyholders have suffered cancellations, no renewals and punitive loss-prevention techniques.

Lobby your congressperson for the following reforms. Many state have passed “Insurer Fair Conduct” bills that establish a private right of action against an insurer for the failure to act in good faith. Lobby your representative for a rate approval law that will require an insurer to have the insurance commissioner’s approval before raising rates more than ten percent. Lobby your representative in government for an insurance consumer advocate at the state level.

Finally, be aware of what rights you do have as an insured and as a claimant on another policy. The law firm of Robert N. Katz can help in the claims process or with a bad faith claim against an insurance company. Contact us today for a free, private consultation.

Underage Drivers Cause Fatal Accidents

lisasiegel1@mindspring.com (Lisa Siegel) — Mon, 25 Aug 2008 14:41:33 -0500

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.

TRUCK ACCIDENTS CAUSED BY MEDICALLY IMPAIRED DRIVERS

lisasiegel1@mindspring.com (Lisa Siegel) — Mon, 21 Jul 2008 16:02:42 -0500

If you have been involved in an accident or crash with a tractor-trailer or a bus, the statistics reveal the driver may have been medically impaired. The Associated Press reported today that it obtained an advance copy of a Government Accounting Office report showing that over 500,0000 of the country’s commercial truck drivers also qualify for full federal medical disability payments. Over a thousand drivers had vision, hearing and seizure disorders.

As far back as 2001, safety regulators advised the Federal Motor Carrier Safety Administration, the government office responsible for regulating commercial truck and bus drivers, that reforms must be undertaken to insure that those carrying commercial drivers licenses are medically fit to drive.

In 2006, the federal Transportation Department issued 7.3 million commercial driving citations for violating federal medical rules. Twelve states, one of which was Georgia, accounted for over half of the violations.

Hundreds of deaths and injuries have been blamed on drivers blacking out, collapsing or having a heart attack behind the wheel of a forty-ton vehicle. In 2006, fifty-three hundred people died in crashes involving commercial trucks or buses, and over one hundred thousand people were injured. The leading cause of crashes involving large commercial trucks was physical impairment of the truck driver.

The chief safety officer for the Federal Motor Carrier Safety Administration blames delays on the lack of federal funds and difficulty coordinating safety regulations in fifty states.

Congressional hearings on this topic will feature testimony involving some of the following:

A Florida bus driver who suffers from lung disease that causes him to occasionally “black out and forget things.” He works as a substitute bus driver despite not having a medical certificate. He has collected social security disability since 1994.
A Virginia truck driver with a prosthetic leg who is permitted to drive tanker trucks even though he lacks proper paperwork for amputees.
A Missouri truck driver’s employer who paid $18 million in a tort settlement after its diabetic driver crashed his 70,000 pound tractor-trailer into traffic on an interstate, killing four women. The driver had a diabetic episode that put him into an altered state of consciousness.
Victims of a gasoline tanker driver who had a heart attack while driving, causing the tanker to plunge over an overpass in Maryland, killing four people.
Parents of children injured and killed when the driver of a 15-passenger day-care bus crashed into a bridge, killing the driver and four children on board when the driver with a sleep disorder fell asleep at the wheel.
New Orleans victims of a 55-passenger bus that crashed, killing 22 people when the driver suffered a heart attack. He had been treated for heart problems 20 times in the last two years.

Interestingly, the federal Americans with Disabilities Act paved the road of driving while disabled. The Commercial Vehicle Training Association reports that a man with a cerebral-palsy impaired gait was awarded $90,000 in damages under the ADA when he was refused admittance in an interstate trucking firm’s driver training program. The ADA allows workers to seek “reasonable accommodations”. Due to those accommodations, many drivers with disabilities are driving multi-ton vehicles on interstates today.

According to many truckers associations, in the past the Federal Motor Carrier Safety Administration did not approve any commercial drivers licenses (“CDLs”) for persons with diabetes, loss of a limb, or sleep disorders. However, the Diabetes Association and other groups protested, arguing that drivers under a doctor’s care could and should be allowed to drive if their conditions were under control.

This year, the Ninth Circuit, ruled on a class action involving hearing-impaired job applicants suing United Parcel Service under the ADA. The potential drivers claimed they were discriminated against when UPS refused to hire them as drivers because their hearing impairment failed to qualify them under US DOT standards for drivers of vehicles over 10,000 pounds. The Ninth Circuit agreed that the drivers were discriminated against and sent the case back to the district court.

Thus, in an effort to protect the rights of the disabled, many unsuspecting travellers on the road today are put at risk. Perhaps, trucking companies are forced to weigh the costs of being sued for violating ADA laws against the risks of potential tort injury or rising insurance costs as a result of hiring a medically-impaired driver.

One thing appears to be clear. The federal agencies designed to ensure highway safety are failing in that job.

Be careful on the roadways.

And if you or someone you love is involved in an accident with a commercial vehicle, contact the law firm of Robert N. Katz for a free, private consultation. We can help.

BUS CRASH CAUSED BY FAULTY DOT SIGNAGE

lisasiegel1@mindspring.com (Lisa Siegel) — Wed, 09 Jul 2008 14:45:57 -0500

The National Transportation Safety Board (NTSB) met yesterday to review the March 2, 2007 bus crash at Northside Drive and I-75 that killed seven people and injured twenty-eight on-board passengers. The NTSB ruled the cause of the crash to be signage confusion and driver error. The NTSB also attributed the deaths to lack of passenger restraints in the bus.

The crash occurred when the bus driver, traveling southbound on I-75, mistook an HOV exit ramp at Northside Drive for the HOV through lane. The bus was carrying members of Ohio’s Bluffton University baseball team as well as the bus driver and his wife. The driver and his wife were killed in the accident as well as five other team members. All twenty-eight surviving passengers were injured when the bus went off the overhead concrete barrier at Northside Drive and crashed onto the interstate below.

The HOV lanes were added at the time of the summer Olympics in Atlanta in 1996. Ten years of traffic accidents at this site show a history of confusing signage for motorists. The Georgia Department of Transportation (GDOT) maintains this roadway.

The NTSB on Tuesday expressed frustration with GDOT’s failure to post adequate signage after similar crashes began occurring. In fact, today the confusing signage remains at this exit ramp.

Accident reconstruction revealed the driver to be travelling approximately 65 mph shortly before braking. This would have been ten miles over the speed limit. He did not appear to brake until he entered Northside Drive traffic. He did not appear to have braked in response to one “exit ramp” sign or two “stop ahead” signs. He also did not brake at the stop signs at the top of the exit ramp.

However, the NTSB criticized the GDOT signage for its failure to include the word “Exit” at the entrance ramp. The two-sign pole originally intended for installation would have included the word “Exit” but DOT officials left it off in an effort to ready the HOV lanes for the summer Olympics. Today, the signage remains although GDOT has installed smaller signage and more pavement markings since the crash. There are six left-hand HOV exit ramps in metro Atlanta currently.

The GDOT should:

Install left message plaques ½ mile and one mile prior to the exit ramp and on the directional arrow exit for the ramp.
Position the pull-through sign for the southbound I-75 HOV lane next to the exit sign on Northside Drive.
Install an advisory speed limit sign on the Northside Drive HOV ramp and on other left-side exit ramps throughout the state.
Add an “exit” pavement marking paired with an HOV diamond pavement marking on all left HOV interstate exits.

The Federal Highway Administration should:

Include in the manual for traffic control devices that HOV-only left exits have “left” message plaques.
Require that “exit” direction arrow signs be placed adjacent to pull-through signs at exits with limited sight distance, short ramps, or multiple route choices.

The National Highway Traffic Safety Administration should:

Require new motor coaches to have seatbelts or other crash protection systems
Require on-board recording systems for all school buses and motor coaches built after January 1, 2003.

In 1999, the NTSB recommended that the NHTSA adopt several measure to protect occupants of motor coaches. The NTSB has determined that most fatalities occur when occupants are ejected or partially ejected from buses. Passengers in the March 2, 2007 bus crash were killed when they were ejected through side windows and the windshield.

HOV lanes are a relatively new addition to our interstate highway system. Despite engineering efforts, the fact remains that drivers do not recognize left-hand exits because they are outside of normal driver expectations. Traffic safety engineers and roadway designers did not take into account or failed to significantly appreciate the driver confusion that arises when left-hand exits are added to the interstate highway system.

Ten years later, traffic accident data suggests that these may be excessively dangerous. Also, more could be done to protect occupants in buses and motor coaches. Whether our state highway department will heed the warnings and recommendations of the NTSB is another matter. The NTSB has no authority to enforce its recommendations. Often, legal liability does more to change governmental behavior.

If you or someone you love is seriously injured in an automobile collision or a bus or trucking accident, contact the law firm of Robert N. Katz for a free, private consultation.

SIX FLAGS RIDE KILLS TEEN

lisasiegel1@mindspring.com (Lisa Siegel) — Wed, 02 Jul 2008 12:09:18 -0500

On Saturday, June 28^th, seventeen year-old Asia LeeShawn Ferguson, was decapitated when he was struck by the Batman roller coaster at Six Flags over Georgia in Austell, Georgia.

Witnesses report that Ferguson, who was with his family and a church group from South Carolina, scaled two perimeter fences with another teenage friend and entered a danger zone inside the ride area.

Although some witnesses indicate Ferguson was trying to retrieve a lost hat or possibly touch the feet of riders on the ride, Cobb County police dismissed those rumors as unsubstantiated. Instead, Ferguson and his friend may simply have been trying to re-enter the park from the parking lot rather than using the main entrance as required.

Ferguson and his friend scaled a six-foot high chain link fence and then a six-foot high wrought iron fence around the perimeter of the ride. Six Flags reports the area was also off-limits via signage indicating “Authorized Personnel Only,” “Danger Zone” and “Do Not Enter.”

The Batman Ride achieves speeds of 50 mph as riders dangle from some 11-story high drops. The ride also has two vertical loops and a two single corkscrew turns. Ferguson was apparently struck by the descending ride as he entered the area. Cobb County Medical Examiners report he was killed instantly. His friend was not injured.

In May of 2002, the ride killed a 58- year-old groundskeeper after he also wandered into the restricted area.

Georgia Department of Labor, which oversees amusement parks, closed the ride for inspections and re-opened today with the assessment that more signage and more security personnel be added to the ride area. The ride has been in operation since 1997.

Internet reports of this tragedy are rife with condemnation for the teen who scaled two fences and ignored three danger signs – apparently to his death.

In legal terms, it may be that the teenager’s contributory negligence was the proximate cause of his death. Should the Ferguson family bring a wrong death suit against Six Flags, Six Flags would likely raise as a defense that Ferguson’s contributory negligence was greater than or equal to any negligence on the part of Six Flags. Six Flags would also likely argue that Ferguson was a trespasser in this restricted area and Six Flags duty was to warn him of known dangers. To the extent that Ferguson chose to ignore a known danger, then Six Flags cannot be responsible for his death.

All of these legal arguments sound in good policy. However, I cannot help but notice that a theme park ride, which has been open only eleven years, has killed two people under the same circumstances – struck by the ride while in a restricted area. Is it that the ride attracts the foolhardy to defy it? Or perhaps the danger signs are not readily visible? Granted, scaling two fences to access the area does suggest the area is off-limits. However, is it also possible that the danger is not open and obvious?

The Department of Labor Commissioner Michael Thurmond has suggested more signage and more security personnel for this ride in the future. Six Flags of Georgia is obligated to follow these recommendations. The future of the Batman ride is up in the air (no pun intended). The future of Six Flags is as well apparently. Shares in Six Flags, Inc. dropped 20 cents on Monday after report of the death. Share prices closed at $1.15 Monday on the New York Stock Exchange. This is the largest decline since Six Flags, Inc. reported earnings losses in November.

If you plan to spend the summer enjoying Six Flags or other theme parks, please warn your children to abide by all signage and stay within designated areas of the park.

If you believe that you or a loved one, may have a personal injury or wrongful death claim against a theme park, contact the law firm of Katz, Stepp and Wright for a free, private consultation.

MULTI MILLION MED MAL VERDICT AWARDED IN GWINNETT COUNTY

lisasiegel1@mindspring.com (Lisa Siegel) — Thu, 29 May 2008 19:26:04 -0500

Monday a jury in Gwinnett County awarded a plaintiff a five million dollar verdict against the Gwinnett Hospital System for a nursing malpractice.

Plaintiff, Wendy Wyckstandt, 34, returned to the hospital four days after giving birth due to medical complications of postpartum high blood pressure. She collapsed while taking a shower in her hospital room. When her mother entered her room, she found her near lifeless body in the running water. She died a day later; her death caused by drowning.

The nursing staff claimed to have checked on her during the day, but video surveillance proved otherwise. The plaintiff’s attorneys claimed the hospital staff altered records and kept evidence from the plaintiff’s attorneys. Eight years of legal wrangling has finally resulted in a huge verdict award for the plaintiff. The hospital has indicated it will appeal the verdict.

According to the National Council of State Boards of Nursing, the number of disciplinary actions for nursing malpractice has risen over the last five years. Once a nurse reports for duty, she or he agrees to care for the assigned patients with that degree of skill, care and diligence exercised by competent and careful nurses. The plaintiff in a malpractice action must prove that had that standard of care been followed, then the injury or damage would not have occurred.

Nursing standards of care require the nurse to continually assess the patient after the initial assessment, diagnosis and care plan is put into action. Many legal actions against nurses focus on a failure to monitor or recognize changes in the patient’s condition.

A Google search of hospital deaths similar to the type that Wendy Wyckstandt suffered reveals few, if any, similar cases. Epileptics living in institutional homes and elderly nursing home patients are the few who drown in hospital or hospital-type settings. Not only is this death tragic for its unusual circumstances, but it also defies understanding that anyone could suffer such an accidental death in a setting designed to provide such oversight and care.

Most likely, the amount of the jury award reflects the jury’s indignation that the hospital allowed this to happen, and even still, perhaps tried to cover it up. We do rely on juries to be enraged by gross negligence and lack of honesty by the defendant. Sadly, the plaintiff’s family has had to live with the litigation surrounding this tragic death for eight long years. And if the hospital appeals, which they certainly are likely to do, then this case is still not over for the family. But for the time being, persistence in the face of injustice triumphed.

If you or a loved one has been a victim of medical malpractice, contact the law firm of Robert N. Katz for a free, private consultation.

ATLANTA RANKS WORST FOR AUTOMOBILE DRIVING

lisasiegel1@mindspring.com (Lisa Siegel) — Wed, 21 May 2008 12:01:19 -0500

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.

DEADLY ROLLOVER ACCIDENTS CAUSED BY 15-PASSENGER VANS

lisasiegel1@mindspring.com (Lisa Siegel) — Mon, 19 May 2008 11:30:20 -0500

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.

SCHOOL BUS ACCIDENTS RAMPANT IN APRIL

lisasiegel1@mindspring.com (Lisa Siegel) — Tue, 29 Apr 2008 12:50:59 -0500

April has been a bad month for school bus accidents. We covered this subject in March when a Cherokee County school bus overturned and several students were taken to area hospitals. Since then, school bus accidents continue to be the subject of local news programs across the country. Many students suffered serious personal injuries as a result.

Monday morning of this week, two Pope High School students were injured when a car, driven by a teenage driver, ran up on the sidewalk and struck them. A fifteen-year-old girl was flown by helicopter to Children’s Hospital at Scottish Rite and is in critical condition. A seventeen-year-old boy was taken to Kennestone Hospital and treated and released.

The driver of the Jeep, Corey O’Connell, was driving northbound when a Nissan Maxima stopped in front of him to make a left-hand turn. He did not see the stopped car in time, swerved onto the sidewalk, and ran over a fire hydrant and an electrical box before striking the students with his vehicle. He has been charged with following too closely and failure to maintain his lane.

Earlier this month in Cleveland, Ohio, several students were injured in a runaway bus accident. The children were students at the Arts Academy in Cleveland being chartered on a school field trip. The bus driver, Michael P. Weir, stopped the bus at a gasoline station, left the engine running, and proceeded to pump fuel. After fueling, he went inside the store to pay and use the restroom. While he was gone, the bus began to roll down the hill and pick up speed. Several students were injured when they jumped out of the runaway bus. A student inside the bus grabbed control of the steering wheel and swerved the bus away from a bridge piling and out of oncoming traffic.

Weir violated many rules here: stopping to fuel a bus with children inside, leaving the bus engine running while pumping fuel, leaving his bus unattended with children inside, and (worst of all) leaving his bus unattended with the engine running with children inside. Weir had previous driving violations on this record, and had just had his suspended license reinstated when he was given the keys to drive these children on a field trip.

In Clayton, North Carolina this month, state troopers are still searching for the hit-and-run driver who struck a schoolgirl crossing the street to board her school bus. She suffered a broken jaw and a broken leg.

All of these cases represent a variety of different claims. In the case of the Pope High School students, the injured may have a claim against the driver of the car who struck them. When a driver has been charged with a vehicular violation, those charges if adjudicated against the driver, may be used to prove negligence per se – or negligence as a matter of law. Thus, the jury does not have to decide if the driver’s actions were negligent, the judge will instruct the jury that the actions were negligent as a matter of law.

In the case of the runaway school bus, the students may have a claim against the school, the company who provided the charter bus service, and the negligent driver. The charter bus company may have negligently hired a driver with a bad driving record; the school may have failed to get the qualifications of the charter bus company; and the driver was clearly negligent.

In the case of a hit-and-run driver, uninsured motorist coverage (potentially carried by the parents of the victim) may be able to provide liability coverage for the unknown driver. Also the school bus uninsured motorist coverage may come into affect if she was boarding the school bus at the time of the accident.

These cases can be complicated. If you or someone you love has a claim, contact the law firm of Robert N. Katz for a free, private consultation.

CARNIVAL WORKER INJURED IN AMUSEMENT RIDE FALL

lisasiegel1@mindspring.com (Lisa Siegel) — Mon, 28 Apr 2008 14:23:47 -0500

On Sunday, a carnival worker was critically injured when he fell forty-five feet from the outside of a Roll-O-Plane carnival ride at the Plaza Fiesta on Buford Highway in DeKalb County. The outdoor carnival is operated by Gold Medal Shows.

According to witnesses, the worker was trying to secure a door of the ride when the ride started moving and he was hoisted into the air. The Roll-O-Plane is a bullet-shaped passenger cabin that spins upward by a single rotating arm. After losing his grip at the top of the ride, the worker plunged onto a steel support beam at the base of the ride.

Two teenage brothers were inside the ride with an unsecured door at the time of the accident. Their horrified mother watched from below while they were trapped atop the ride for twenty minutes. DeKalb County Firefighters rescued the teens. Initial reports blame human error for the mishap.

The Consumer Product Safety Commissioner (“CPSC”) is the federal regulating arm of traveling carnivals. The CPSC collects data on carnival ride accidents. Approximately five thousand emergency room visits are made annually as a result of carnival ride accidents. The CPSC estimates there are ten thousand accidents a year when including fixed ride sites such as those found in theme parks. The Consumer Product Safety Commissioner does not inspect fixed ride sites as these are left to state regulation.

Only twenty-seven states have government ride inspection and accident investigation statutes. Georgia does have strong carnival and amusement ride inspection statutes. The Georgia Department of Labor provides for safety and inspection standards for all carnival and amusement park rides. The Georgia Code also provides for safety standards. Permits are required annually. Carnivals must carry up to a million dollars in liability insurance; amusement park rides must carry up to five hundred thousand dollars in liability insurance. Inspections are made at the time of ride set-up and are spot-checked periodically thereafter.

Still, even with inspections and investigations, accidents at carnivals and amusement parks do occur. Some have serious consequences. In June of 2007, a thirteen-year-old girl had her feet severed from a flying cable at Six Flags over Kentucky. In July 2006, a fifty-two-year-old man died on a roller coaster at Busch Gardens. In June 2006, a twelve- year-old boy died after riding Walt Disney World’s Rock ‘n Roller Coaster. In April of 2006, a forty-nine-year-old woman died on Disney’s Mission: Space. In June 2005, a four-year-old boy died on Disney’s Mission: Space. In the same year, another person died on Disney’s Space Mountain.

Emerging data is now linking brain hematomas to rides with strong G-forces. Research has prompted calls for G-force limits. This may account for the number of serious injuries related to Disney’s Mission: Space since the ride opened in 2003.

The Consumer Product Safety Commission recommends that when deciding to visit a carnival or theme park you follow these guidelines:

1. Check the park’s Injury Reporting Records. If the park has a consistency of accidents that occur due to structural or maintenance failure … go elsewhere.

2. Take note of a park’s general appearance. The grounds should be clean and well kept; there should be adequate personnel; and no alcohol should be permitted on site.

3. Read the warning signs and abide by them.

4. Assess the conduct of the ride operator. The operator should not be engaged in any occupation other than operating the ride.

5. Assess the ride’s appearance. It should not appear rusty or in bad condition.

6. Be alert to other riders. The leading cause of accidents is rider misconduct.

7. Do not force children to ride. Children under the age of thirteen are the highest risk of injury.

If you believe you or someone you love has been injured at a carnival or amusement park, then you may have claim that arises under general premises liability law or product liability. Contact Robert N. Katz for a free, private consultation to assess your rights.

PRODUCT LIABILITY SUIT FAILS AGAINST ANTI-DEPRESSANT MANUFACTURER

lisasiegel1@mindspring.com (Lisa Siegel) — Fri, 11 Apr 2008 13:28:09 -0500

Drug manufacturer GlaxoSmithKline won a significant ruling this week in the Third Circuit of the United States Court of Appeals in Colaccio vs. Apotex. SmithKline, the manufacturer of the anti-depressants Paxil and Zoloft, defended two separate state tort claims that the manufacturer failed to warn of the risk of suicide from taking the drug. Plaintiffs product liability suits failed.

In a split decision, the Third Circuit ruled that federal regulatory law pre-empted state tort law claims in cases against manufacturers of anti-depressants for failure to warn of the risk of suicide.

Anti-depressants are drugs known as selective serotonin re-upate inhibitors (SSRIs). The drugs block the re-absorption of serotonin into the brain. Serotonin is a natural body chemical that regulates mood, sleep and appetite. By blocking the re-absorption the brain cells get an extra dose of a feel-good chemical. Some experts believe that the increase in serotonin causes a drop in the natural chemical dopamine. Dopamine regulates cognition and behavior.

In 1991 the Food and Drug Administration (FDA) Advisory Panel showed that there was no causal link between anti-depressants and suicide or violent behavior. However, in 2003 a subsequent FDA panel issued a Public Health Advisory for Paxil, Zoloft and other SSRIs urging health care providers to be on the lookout for worsening of depression and the onset of suicidal behavior in the beginning stages of drug therapy or if dosage amounts change. Although none of the drug trials showed an increase in suicide, the FDA has asked drug manufacturers to issue stronger labels. However, given the lack of scientific data, strong warnings are not required.

From documents obtained through discovery in the civil jury trials, SmithKline was aware that a small number of people could become agitated or violent while on the drugs. Despite this knowledge, no warning was placed on the label. Experts believe that the drug may cause a side effect known as akathisia. Akathisia causes overwhelming mental and physical restlessness. Some medical experts believe this causes patients to be sufficiently energized to harm themselves or others.

In the recent two cases on appeal before the Third Circuit, one district court held that the plaintiff’s product liability claims were pre-empted by federal regulatory FDA rulings. Another district court ruled the opposite, federal law did not pre-empt a state tort suit. In the majority opinion, the Third Circuit held that the FDA was a regulatory agency specifically mandated to scientifically assess the nature of drugs and the warning required. The court held that state tort law could not pre-empt federal law, and therefore the state suits on the failure to warn could not go forward.

The dissenting opinion argued that in many ways the FDA is an imperfect agency as it receives much of its data from the drug manufacturers. Discovery in state tort lawsuits provides a different way for third parties to raise questions about new and existing drugs. The dissent argued that policing drug companies is helped through tort suits, which act as a companion investigative tool for the FDA.

However compelling the dissent argument, as it stands, where drug manufacturers are not required to place a warning label on drugs, plaintiffs have no ground for suit on the issue of failure to warn.

Antidepressants account for $14 billion a year of wholesale drug revenues in the United States. When the best-selling and most profitable drug poses a risk of suicide, drug manufacturers have a strong incentive to quash warning claims. Often there exists a clash between the manufacturers marketing tactics and the well-being of the consumer. Regulatory agencies must be above the tactics of drug companies. The pharmaceutical industry is regulated because drugs can cause serious harm and drug companies, with their financial conflict of interest, cannot be relied upon to serve the public interest.

At this point in the legal field, however, for consumers of anti-depressants drugs it is “buyer beware.”

If you have a product liability claim against a drug manufacturer, contact Robert N. Katz for a free private consultation.