Georgia Injury Law Blog

Published on: August 7, 2026

Protect Your Loved Ones from Elder Abuse

On Tybee Island, a family is searching for answers after their loved one died in the care of The Rosewood nursing home. Frederick Dillard was a 61-year-old quadriplegic at the time of his death, when he was found half hanging off his bed with his elbow wedged into a half side rail. According to a Department of Health and Human Services (DHHS) report, he had not been checked on by staff in about four hours. This facility had been previously investigated by local news in 2025, and in response the facility changed their name from Oceanside Care Center to The Rosewood. Such strategies are sometimes employed by long-term residential care facilities following bad press or investigations, making it harder for families to intelligently select a safe nursing facility for their loved ones. Families are encouraged to use the online Medicare search tool to compare facilities, which tracks facilities regardless of whether or how frequently they change their names.

The National Center on Elder Abuse tracks national statistics for elder abuse and neglect. In 2023, they found that US nursing homes were fined $153 million for health violations, which amounts to about $10,000 per facility nationwide. About 10% of Americans 60 or older reported abuse or neglect while living at home, while 16% of residents in long-term care facilities reported abuse. Those with dementia are particularly at risk, with 1 in 2 people with dementia experiencing abuse. One of the causes for abuse is understaffing, which has worsened in recent years, as residents received 3.77 hours of daily care in 2023, down from 4.13 hours of daily care in 2015. This problem is particularly noted at for-profit private nursing homes, which comprise about 69% of nursing homes in the US. In order to maximize profits, for-profit homes are more prone to understaffing.

Signs that a loved one is experiencing elder abuse are diverse. In particular, families should watch out for the following:

Published on: July 24, 2026

Pedestrian Fatalities Still High After Covid

by Robert N. Katz, Esq.

In so many areas of American life, there is a before the pandemic and after the pandemic. One of these areas, unfortunately, concerns pedestrian deaths. During and after the pandemic, pedestrian deaths spiked, with 7,485 deaths in 2021, the highest number in 40 years. Thankfully, pedestrian deaths are on the decline. In 2025, deaths per 100,000 population dropped below 2.0 for the first time since the pandemic with a 7% decrease from 2024. Unfortunately, this is still 5% higher than pre-pandemic levels, with a total of 6,732 pedestrians killed by motor vehicles. In addition to the total numbers of fatalities, State Highway Safety Offices’ data was analyzed by Governors Highway Safety Association (GHSA), and they discovered the following insights about pedestrian accidents and deaths.

More than 1,100 people (15% of all pedestrian deaths) died on freeways and interstates, which aren’t designed for people walking. This number includes people not normally considered pedestrians, such as first responders and tow truck drivers. Many people are also injured or killed when exiting vehicles after an accident or car breakdown. This highlights the need to stay in your vehicle after an accident until first responders arrive, and not to leave the vehicle unless necessary.

SUVs and pickups account for more than half of pedestrian fatalities. In 2024, 50.4% of pedestrian fatalities were related to light trucks, which includes pickup trucks, SUVs, and vans, whereas 40.6% were caused by passenger cars. As more Americans drive large vehicles, pedestrian fatalities are likely to continue rising, even as deaths for auto passengers decline.

Published on: July 15, 2026

Protect Yourself Against Road Rage

by Robert N. Katz, Esq.

While driving down the highway, you don’t expect to be the victim of gun violence, but that’s exactly what happened to a man in Troup County on July 14. He was driving on I-85 South near Hogansville when a van in front cut him off. He blew the horn and proceeded to use the Hogansville exit when he was followed and then shot. One of the bullets went through his car and pierced his leg. Police pursued the suspect who was arrested and charged with aggravated assault and discharging a firearm from a moving vehicle. The injured man was taken to a nearby hospital for treatment.

Such extreme occurrences are rare, but aggressive driving and road rage are not. The National Highway Traffic Safety Administration distinguishes between aggressive driving and road rage. Aggressive driving is a traffic offense, and includes actions such as tailgating, weaving in and out of traffic, running redlights, changing lanes without signaling, and speeding in heavy traffic. Road rage, on the other hand, is a criminal charge that includes rude hand gestures, forcing another car off the road, bumping another vehicle, brake checking or flashing lights to intimidate other drivers, confronting other drivers, and physical assault, including physical assault with a weapon. One type of road rage, gun violence in vehicles, has gone up since 2020. The Gun Violence Archive, a nonprofit that measures injuries from gun violence in vehicles, shows that injuries and fatalities rose after 2020, peaking in 2022 with 148 people killed and 421 injured.

Exact statistics of road rage can be difficult to determine, as states measure it differently or apply instances of road rage to other criminal categories. As of July 2026, only ten states have laws directly penalizing road rage. In Georgia for instance, there is no law specifically against road rage, so prosecutors apply laws against aggravated assault, terroristic threats, reckless conduct, criminal damage to property, and weapons offenses. However, the Department of Transportation does track fatal crashes caused by poor driving. While Georgia is not one of the top states, the city of Macon, Georgia was cited in 2021 for being the top fourth city in the U.S. for these fatalities, with 10.2 fatal crashes per 100K people. This city’s rate of aggressive driving is also double the national average.

Published on: July 1, 2026

Prevent Firework Injuries this Fourth of July

by Robert N. Katz, Esq.

As Americans gear up to celebrate the Fourth of July and our nation’s 250th anniversary, many plan to shoot their own fireworks. However, before you purchase and use fireworks, it’s important to know which fireworks have been recalled, which fireworks are legal in your state, and how to use them safely.

While fireworks can be fun and awe-inspiring, they are also responsible for injuries and even deaths. According to the US Consumer Product Safety Commission (CPSC), fireworks use has doubled from 2000 to 2025, with estimated injuries also growing 36.8%. In 2025 alone, fireworks were associated with an estimated 13,005 injuries, with 25% of these injuries requiring hospitalization and 24 fatalities. The most common types of injuries in 2025 were fractures, amputations, and burns. The National Fire Protection Association also reports that in 2024, fireworks resulted in 34, 079 fires, causing both structural damage and injuries, including injuries to children.

While most fireworks purchased in the US are legal, there are fireworks that have received one or more Notice of Violation from the CPSC. These notices were for violations such as pyrotechnic material leakage, containing prohibited chemicals, being prone to turn over while in operation, or lack of secure fuel attachment. If you were injured while using fireworks, it’s worth making sure that your product was not the target of one of these notices. In addition to NOVs, some fireworks are recalled for lack of safety. On June 18, 2026, Bada Boom Fireworks recalled their product “Diablo Rising.” This product was found to violate the federal limit for pyrotechnics, and therefore is liable to cause severe burns and injuries. Customers who purchased this product can return it for a full refund by contacting Bada Boom Fireworks at (570) 646-9029 or by email at badaboomfireworks@yahoo.com. In addition, before purchasing other fireworks it’s worth checking to make sure your product hasn’t been recalled.

Published on: June 18, 2026

Liability in Multi-Vehicle Accidents

by Robert N. Katz, Esq.

A multi-vehicle crash injured four people in Dodge County on June 9. The incident began when a Nissan Altima turned left onto Georgia 87, thereby failing to yield to a BMW SUV. Upon impact, the BMW ran off-road and hit a utility pole, and the Altima was pushed into a southbound lane where it was hit head-on by a Volkswagen Beetle, causing a fire. Thankfully there were no fatalities, but the occupants of the Volkswagen and the Altima driver were taken to a nearby hospital with injuries.

In multi-vehicle accidents such as this, the liability and negligence issues can be complex, and the outcome for injured persons varies by state. Georgia, along with 37 other states and the District of Columbia, is an at-fault state. This means that the driver deemed responsible or liable for the accident is financially responsible for the injured party or parties, including both property damage and injuries. The other factor to consider, especially in a multi-vehicle crash, is comparative negligence. This comes into play when more than one driver was at-fault, but one was considered more at-fault than the other. For example, if Driver A is deemed 70% responsible for the crash, but Driver B was deemed 30% responsible, then Driver B can only receive 70% of the damages available. States differ in their laws surrounding comparative negligence. Georgia uses a modified comparative negligence system, which means an injured party can still recover if they were partly at-fault, but only if they were considered less than 50% at-fault. If a driver is considered 50% or more to be at-fault for an accident, they are unable to collect anything from another party. Multi-vehicle accidents complicate this process because there are more than two drivers involved, and the potential for more than one driver to be at-fault, to one degree or another, is increased.

When determining negligence, especially in a multi-vehicle accident, various factors have to be considered. First, was there a driver who obviously acted negligently? Driver negligence can include obvious cases such as DUI or breaking a traffic law, such as running a stop sign or failure to yield the right-of-way. A driver can also be held negligent for if the vehicle’s headlights or blinker do not function correctly. Depending on the road conditions and weather, driver negligence can mean failing to adapt to these conditions. For example, a driver may be going too fast for conditions during a rainstorm. Another consideration in a multi-vehicle accident is which driver made the first impact. While this would appear to indicate negligence, it’s not always the case. For instance, a car parked illegally in the road could cause an accident in which another vehicle hits them, making the first impact.

Published on: June 12, 2026

Injuries from Non-Emergency Medical Transportation

by Robert N. Katz, Esq.

Everyone is familiar with ambulances and other emergency medical vehicles. However, many patients lack their own transportation for non-emergency medical needs. This is where non-emergency medical transport, or NEMT, fills in the gap. At its best, NEMT offers safe, reliable transportation to those who cannot drive themselves or easily access public transportation. Unlike an ambulance, it takes customers to standard doctor appointments, rehab, nursing or assisted living homes, and other medical providers when there is not a medical emergency in progress. It’s an important service that is not always covered by state-run transport such as Medicare or Medicaid, and many NEMTs are owned and operated by private companies.

Unfortunately, not all companies that own NEMTs are equally safe and reliable. Because of this, it is all too common for those reliant on NEMT to suffer injuries or even death due to negligence. One common issue is hiring and training for NEMT drivers. Legal requirements for drivers vary by state, and companies wishing to save money can take advantage of lax requirements. This can result in drivers being hired without thorough background checks, who may have a history of reckless driving or DUI. Companies can also be negligent in maintaining their fleet of vehicles. NEMT vehicles must be free of mechanical issues but also equipped to safely secure wheelchairs and other mobility aids. In an accident, such aids can become dangerous projectiles unless secured properly.

There are many scenarios in which an NEMT customer can be injured. The most common is a motor vehicle collision between an NEMT vehicle and one or more other vehicles. In addition to injuries incurred due to impact, there may be additional damage if the driver improperly secured the patient to their seat, or if a wheelchair or other aid was improperly secured. In addition to motor vehicle accidents, patients can be injured if the driver drops them from a stretcher, wheelchair or gurney while loading or unloading. Sadly, there have even been cases of patients left unaccompanied for long periods of time in the vehicle, exposed to heat stroke or other injury. Incidents such as these can lead to serious injuries, including brain damage, spinal injury, broken bones, lacerations, and internal bleeding. These injuries can result in permanent disability, loss of employment, and long-term reduction in quality of life.

Published on: June 2, 2026

Safety While Boating

by Robert N. Katz, Esq.

Summer is here, and in Georgia, that means boating, rafting, fishing, and kayaking on our many lakes and rivers. While enjoying our state’s natural beauty, it’s important to keep yourself and your loved ones safe. Unfortunately, many people take risks on the water that they would never take behind the wheel of a car.

This past Memorial Day weekend, the son of a former senator was killed on the Savannah River in a boat crash near Stokes Bluff Landing, and three others were injured. The incident was the result of two boats crashing, each with an operator and passenger on board. An investigation is currently ongoing to ascertain the reason for the crash.

Accidents such as this are often caused by one of several factors. According to 2023 statistics from the Coast Guard, alcohol use is the leading known contributing factor in fatal boating accidents. In cases where the leading cause is known, alcohol use led to 17% of boating fatalities. While everyone knows not to drink and drive, many do not realize the importance of staying sober while operating a water craft. In addition to alcohol use, the Coast Guard identified five major contributing factors to boating accidents: operator inattention, improper lookout, operator inexperience, excessive speed, and mechanical failure. These causes put the onus on the boat operator to ensure a safe trip.

Published on: May 12, 2026

Dangers of ATV Use

by Robert N. Katz, Esq.

ATVs, or all-terrain-vehicles, and MPOHVs, or multipurpose off-highway vehicles, are the source of an increasing number of crashes with fatalities or serious injuries. In the state of Georgia, there has been a spike in ATV and MPOHV crash fatalities, as reported by Fox 5. From January 1-June 20, 2025, Georgia State Patrol investigated 45 crashes which resulted in 13 deaths and 64 serious injuries. Overall for the year, there were eight fatalities linked to MPOHVs and six linked to ATVs, with 114 serious injuries.

Since these vehicles are typically operated off-road, their use is less regulated than that of other motor vehicles. ATV or MPOHV users may not be aware of laws pertaining to their use, or assume that there are no relevant laws if used on private property. This leads to improper use by consumers, with dangerous consequences. There are more injuries and fatalities tied to ATVs than to any other product regulated by the U.S. Consumer Product Safety Commission. According to the CPSC, more than 100,000 ER visits occur annually due to ATV crashes. The danger is exacerbated by the fact that many ATV drivers are under the age of 16. In 2002, ATV safety advocates asked the CPSC to ban sales of adult-size ATVs for the use of children under the age of 16. The American Academy of Pediatrics also recommends that no child under the age of 16 use an ATV. Unfortunately, there is still no federal standard for ATV age limits, helmet use, or other safety standards. Thirteen states have no age limit for ATV use, while nine states lack helmet regulations. Even within states, different municipalities often have their own laws surrounding ATV use.

This patchwork of laws ensures that consumers lack clarity about safety. This lack of clarity has led to ATV drivers and passengers using these vehicles unsafely, and without proper equipment such as helmets. Statistics suggest that helmets are greatly effective in preventing deaths and serious head injuries. Nationally, of all fatally injured ATV drivers or passengers, only 5 percent were wearing a helmet in 2023. Unfortunately, ATV riders are also at risk of death from driving under the influence. In 2023, 49% of fatally injured ATV drivers on public roads had BACs at or above 0.08%.

Published on: April 29, 2026

Truck Catches Fire in Georgia Highway Accident

by Robert N. Katz, Esq.

On April 21, a box truck crashed into an 18-wheeler, hitting the left corner of the trailer. Upon impact, the box truck immediately caught fire and was destroyed. According to police, the box truck was found to be following too closely, and when the 18-wheeler slowed, the box truck was unable to stop in time. The incident occurred on I-20 just west of Exit 172, northwest of Thomson, Georgia, and both lanes of I-20 were closed for almost two hours following the crash.

Unfortunately, this is not an isolated event. In fact, according to The Large Truck Crash Causation Study (LTCCS) conducted by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, 5 percent of truck crashes occurred when the driver was following another vehicle too closely.

What constitutes following too closely? According to GA Code § 40-6-49 (2024), vehicles on the roadway “shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” This guidance assumes drivers will use judgement but does not define what constitutes “reasonable and prudent.” For more specific guidelines, The Federal Motor Carrier Safety Administration advises drivers to leave at least one second for every 10 feet of vehicle length when driving below 40 mph. This translates to about 4 seconds when driving behind a tractor trailer. To measure how many seconds are between you and the vehicle in front, find a stationary object such as a light pole and count off after the vehicle in front passes it, using “one one thousand, two one thousand, three one thousand.”

Published on: April 2, 2026

Traffic Safety During Atlanta’s Spring Break

by Robert N. Katz, Esq.

For most of metro Atlanta, public schools will have spring break from April 6-10. Those without school-aged children may not realize that this has an impact on motorists in general. During this period, motorists should anticipate the following potential risks in order to drive safely.

Teen drivers on the road, especially at night. With high schools closed for spring break, expect an increase in teen drivers on the roads. Parents should be aware of the heightened risks for teenage drivers for fatalities. According to the National Highway Traffic Safety Association, in 2021 drivers age 20 and younger accounted for 5.1% of licensed US drivers; however, they made up 8.1% of fatal crashes in the US. Furthermore, 57% of teen passenger fatalities were passengers of teen drivers. Parents can counsel their teens on safe driving practices and make sure their teenagers are following Georgia laws.
Increased traffic due to travel, especially on interstates. Georgia drivers should expect an increase in out-of-state drivers who are unfamiliar with the roads. In particular, the weekends of April 4 and April 11 will see increased traffic as motorists make their way through Georgia to and from Florida beaches. Many of these drivers are young college students with less driving experience, who may be particularly prone to distracted driving. By driving defensively, Georgia motorists can help avoid accidents with out of state drivers.