Georgia Injury Law Blog

Published on: May 12, 2026

Dangers of ATV Use

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.

Published on: March 13, 2026

Brain Injury Awareness Month

by Robert N. Katz, Esq.

An estimated 2.8 million Americans suffer from a brain injury every year, and more than 5 million Americans currently live with a disability that has been caused by a brain injury. Since 1980, the National Head Injury Foundation has been commemorating Brain Injury Awareness Month in the month of March. This year, the theme is “My Brain Injury Journey,” highlighting stories of those living with brain injury. Those with stories can share them here to be potentially included in their website.

According to the CDC, there were over 69,000 TBI-related deaths in the US in 2021 and 214,110 hospitalizations in 2020. Of course, this does not include TBIs treated in the ER, at urgent care centers, by primary care, or those left untreated. Of all TBI-related hospitalizations, about half were the result of a fall. Other causes of TBI include motor vehicle accidents, medical malpractice, and violent assault and abuse. These incidents disproportionately impact the elderly, with people age 75 or older accounting for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.

Whatever the cause of the brain injury, these are some of the most common serious personal injuries in the United States, and also some of the most misunderstood. The Brain Injury Association of America estimates that as many as one in 60 people suffers from a disability resulting from a brain injury. This means that it is highly likely that you know someone who suffers from cognitive deficits, memory problems, difficulties in concentration, and a variety of other disabilities as a result of a traumatic brain injury.

Published on: February 20, 2026

Georgia Lawmakers Propose Raising Minimum Highway Speeds

by Robert N. Katz, Esq.

While driving on the interstate in Georgia, you may notice that in addition to the posted maximum speed, otherwise known as a speed limit, there is a minimum speed of 40 mph. This limit requires motorists to drive at least 40 mph in order to prevent slow driving from causing an accident. This minimum speed has stayed the same over the years, even as the maximum speed limit changed from 55 mph to 70 mph on some interstates.

Some Georgia legislators are proposing a change to the minimum speed in order to help close the wide gap in speeds between those traveling 40 mph and those traveling 70 mph. The argument is that by having such a large speed gap, motorists are more likely to be in a rear-end collision. The bill’s sponsor, John Carson of Marietta, explained that “I want to limit the number of rear-end collisions. I’ve received fatality reports … It’s horrific.” In support of the bill, Georgia Public Safety Commissioner William W. Hitchens III sent a letter to the legislature which states “As commissioner of the GA Department of Public Safety, I have no concerns as it relates to increasing the minimum speed limit on Georgia’s interstates. Our agency has seen several crashes that have occurred due to slow moving vehicles on roads through the state. Driving below the speed limit can in some cases, be as dangerous as traveling above the posted speed limit. Vehicles that are traveling below the minimum speed can cause traffic issues such as long backups and cause motorists to take evasive actions due to approaching the vehicle faster than expected. This can be exacerbated when traversing hill crests and curves without a long sight distance. Additionally, crashes occur on multi-lane roads when drivers change lanes to pass slower moving vehicles. While DPS doesn’t experience a lot of crashes based on the minimum speed, crashes that we do investigate seem to have more significant damage and injuries due to the speed difference.”

House Bill 809 would raise the minimum speed to 50 mph on highways in which the maximum speed is 65 or greater. Opponents of the bill such as Representative Rhonda Taylor of Conyers expressed that seniors may have difficulty maintaining this higher speed, saying “It would be a better solution … (to) move to the right.” Higher minimum speeds could also create dangerous conditions during storms and adverse weather, when motorists are unable to maintain high speeds due to wind or rain.

Published on: February 6, 2026

2025: Highest Year on Record for Motorcycle Fatalities

by Robert N. Katz, Esq.

The numbers are shocking: there were more than 6,500 motorcycle deaths in 2025. The Department of Transportation began tracking motorcycle deaths in 1975. Until 2025, 2022 held the highest year on record for motorcycle deaths at 6,218, as fatalities of all kinds spiked immediately post Covid-19. However, in 2025 motorcycle fatalities were even higher than in 2022, even as fatalities in other categories receded.

Thankfully, Georgia is one of the 19 states with universal motorcycle helmet laws with no exceptions that make it compulsory for all motorcyclists to wear helmets. It’s important to make sure your helmet is DOT compliant. According to the National Highway Traffic Safety Administration, DOT-compliant helmets are marked with an identifying sticker on the backs of the helmets. Unfortunately, just because your helmet has a sticker doesn’t automatically make it compliant, due to counterfeit stickers gaining traction. To make sure your helmet is DOT compliant, it must cover your ears, be at least 1 inch thick, have hefty chin straps, and have no protrusions longer than 2/10 of an inch.

Apart from wearing a DOT-approved motorcycle helmet, there are other things the legal team at Katz Personal Injury Lawyers recommends you can do to stay safe while driving. Wear bright-colored or neon clothing when riding, especially at nighttime when it is very easy to miss spotting a motorcyclist. Always obey speed limits, and always remain in compliance of traffic rules. Remember traffic violations could be extremely dangerous for a motorcyclist who has very little prevention against injuries in an accident. Avoid riding at excessive speeds, and never ride while intoxicated.

Published on: January 22, 2026

Winter Weather Warning for Metro Atlanta

by Robert N. Katz, Esq.

As anyone who lived in Atlanta during the winter of 2014 can attest, winter storms pose unique challenges to metro areas in the Southern US, including Metro Atlanta. Without fast-acting salt trucks and other winter infrastructure, it’s often left to individuals to plan for safety. This weekend, the National Weather Service has issued a watch for winter weather in the greater Atlanta area as far south as Newnan/ Coweta County, from Saturday afternoon through Monday morning. Experts say to expect potential ice accumulation up to 4/10 of an inch, with “power outages and tree damage likely due to the ice.” The weather service advises drivers to only travel if necessary, and to drive with great caution.

We advise drivers to prepare now if they think travel will be necessary during the watch period. Ensuring your tires are properly inflated can mean the difference between safe travel and an accident on icy roads. It is also important to fill your vehicle with gas; in cases where traffic becomes congested due to severe weather, you want enough gas to get safely home. The National Weather Service also advises packing a winter weather kit for your vehicle, with items such as booster cables, a flashlight, batteries for your flashlight, blankets, and extra clothing. In severe cases where vehicles are stranded, having these supplies is crucial.

Even if you don’t plan to drive during the weekend, consider safety when walking on icy sidewalks and outdoor steps. Here in Georgia we rarely consider this, but the wrong step on an icy cement can result in serious injury. Use the following tips to make your area safer for yourself and others:

Published on: December 23, 2025

Shop Safely – Avoid Parking Lot Accidents

by Robert N. Katz, Esq.

During the holiday season, many of us are shopping for gifts and food more than usual, especially if we’re hosting gatherings. While you’re out and about, be aware of heightened risk of accidents in crowded parking lots. Not only are there more cars and pedestrians, but people are often in a hurry to check off that next to-do item. Unfortunately, crowded streets and hurried driving are a bad combination that can end in accidents.

While driving in parking lots, practice these tips to improve your safety, and the safety of those around you:

Don’t rely on technology. Modern vehicles have improved cameras and tracking devices, but they’re not fool-proof. In fact, they can be a hazard when over-relied upon. When backing up, don’t rely on the camera to pick up everything, especially in crowded lots. Use your mirrors and turn around to double-check your blind spots.

Published on: November 25, 2025

Blackout Wednesday: Stay Safe Before Thanksgiving

by Robert N. Katz, Esq.

The day before Thanksgiving is famously the biggest travel day in the US. Unfortunately, that Wednesday evening is also a big night for bar hopping and binge drinking for young adults, also referred to as “Blackout Wednesday.” The combination of high road traffic and elevated DUI rates leads to a spike in fatalities. Between 2019-2022, the National Highway Traffic Safety Administration’s (NHTSA) reported that drunk driving accidents occurred at a 40% increase during the holidays, and 2021 saw 1,247 fatalities between Thanksgiving and New Years’ due to alcohol-related accidents. In 2025, the potential for incidents has increased, as AAA expects 73 million people on the road for Thanksgiving, a 1.3 million increase from 2024. This number could even rise if more flights continue to be canceled.

Before you get on the road, there are several factors to keep in mind:

Dram Laws: Establishments which serve alcohol have duties to the public through what is called “dram laws.” This applies not only to bars and liquor stores, but also to event spaces serving alcohol, restaurants, convenience stores, and even grocery stores. Dram laws state that owners or servers of these establishments may be held partially liable if a drunk driver injures another party. The following must apply in order for a dram shop lawsuit to take effect:

Published on: October 31, 2025

Severe Weather and Traffic Safety

by Robert N. Katz, Esq.

This past week, the metro Atlanta area has been hard-hit by rain from the edges of Hurricane Melissa. Even when there’s not a hurricane, severe weather can create the perfect conditions for motor vehicle accident fatalities.

Common sense would dictate that extremely severe weather causes the greatest number of accidents, but data doesn’t back this up. In fact, among weather-related accidents, regular rainfall accounts for most accidents, according to the Federal Highway Administration. Among accidents from 2013-2022, 74% of accidents occurring during “adverse atmospheric conditions” occurred during rain. By comparison, freezing precipitation, such as snowfall or ice, accounted for 21%. Rainfall is so common, especially in the southeastern portion of the US, that we tend to discount how dangerous it can make driving conditions. A typical rainstorm reduces visibility, combines with oil to create slick roads, and can even cause standing water and flooding. Atlanta roads in particular are notorious for poor drainage, and a simple summer storm can cause flooding on surface streets within an hour. Standing water can cause a vehicle to hydroplane if the vehicle is driving more than 35 mph, a dangerous situation in which the driver loses control of the vehicle and cannot use the brakes. These conditions combine to cause often fatal and injurious accidents.

Take these precautions before you drive in the rain to reduce the risks: