Car Accidents

Published on: August 22, 2010

Taking Away the Keys – Senior Motorists Need Encouragement to Give Up Driving

The decision to step in and take action when you see an elderly motorist beginning to lose his driving abilities, is never an easy one to make.However, for millions of Americans in the position of caregivers for their parents, it’s a moment that presents itself sooner or later.

Studies estimate that elderly motorist safety is likely to become an even bigger safety concern in the years ahead, as the baby boomer population hits its 70s.According to the Insurance Institute for Highway Safety, in 2008, 78% of the senior population in the United States had driving licenses, compared to 73% just a decade earlier.Those numbers are expected to increase over the next decade.

It’s important for families of these motorists to know when to make the decision to suspend or restrict the person’s driving privileges.It’s also important to gently ease the person into giving up the keys, or at least present him with a set of alternatives to driving.Here are some steps you can take to keep your loved one and others safe.

Published on: August 19, 2010

Bus Accident Injuries Curbed by Seat Belts

by Robert N. Katz, Esq.

Feds to Mandate Seatbelts on All Buses

The worst bus accident in Atlanta in recent memory occurred three years ago, when a bus carrying a baseball team from Bluffton University plunged off a highway overpass, killing seven people including five baseball players.Some of those who were killed or injured were ejected from the vehicle, as the bus swung around sharply before it flipped over.Would those statistics have been different if the students were wearing seatbelts at the time of the accident?It is quite likely, and if a US Department of Transportation proposal to mandate seatbelts on all motor coaches is successful, we might be able to dramatically reduce the number of people seriously injured or killed in bus accidents in the future.

Transportation Secretary Ray LaHood has announced that his agency is considering long-pending proposals by the National Transportation Safety Board, to mandate seatbelts on all motor coaches.The NTSB made the recommendations back in 1968, but any attempts at federal and state legislation to mandate seatbelts on all motor coaches have been thwarted by the powerful bus manufacturer lobby.The industry has managed to get away with putting thousands of vehicles sans seatbelts out there, and the impact has been seen in a series of deadly bus accidents, from California to Texas.

Published on: August 16, 2010

Wrongful Death Lawsuit Settled by Georgia Department of Transportation

by Robert N. Katz, Esq.

Georgia Department of Transportation Settles Wrongful Death Lawsuit

The Georgia Department of Transportation has agreed to pay $600,000 dollars to settle a wrongful death lawsuit, arising from a taxi accident that killed a 51-year-old woman.Patricia Heller was killed when her taxi went out of control and crashed into a tree.She suffered fatal injuries.

Her husband filed a wrongful death lawsuit against the taxi driver, the taxi company, a former city inspector and the Georgia Department of Transportation.The lawsuit alleged that the taxi had bald tires on the day of the accident, and had passed a city inspection just one day before the crash.The lawsuit also accused the Department Of Transportation of negligent design of that section of Interstate 85, alleging that a tree should not have been allowed to grow so close to the roadway.The lawsuit also alleged that the slope was too steep, and the drainage system was poor.

Published on: August 11, 2010

Rural Areas Have Highest Rate of Fatal Car Accidents

by Robert N. Katz, Esq.

NHTSA Data Shows High Rates of Auto Accidents, Fatalities in Rural Areas

Newly released data from the National Highway Traffic Safety Administration shows that traffic safety in rural areas continues to be a serious concern.According to the statistics, although just 23% of the US population lived in rural areas in 2007, accident fatalities in rural areas accounted for 57% of all traffic accident fatalities that year.

A few very interesting facts stand out from the study.

Published on: August 5, 2010

New Standards Will Make Cars Safer

by Robert N. Katz, Esq.

In a move that is sure to increase auto safety for Americans, the National Highway Traffic Safety Administration has announced that it will soon launch its new auto testing and rating program.Several 2011 models will be tested using these tougher testing standards. The agency will begin testing about 55 models, including some American favorites like the Honda Odyssey, the Ford Fusion and Taurus, and the Chevrolet Cruze.

Under the new testing system, cars will be tested against each other, and not against a standard performance bar.In the old system, far too many cars were able to meet the standards, and obtain a five-star rating.In the new system, vehicles will have to compete with each other to get the five-star rating, and there will be far fewer vehicles that actually meet the new standards.Several cars that currently enjoy a five-star rating could find their rating drop to a two-star one, once the testing program is implemented.

The new testing program will include a pole test and a female crash test dummy in the front passenger seat.The tests will result in a single overall safety score.For the first time, the rating will also contain information about any additional safety features the car contains, like lane departure systems and forward collision warning systems.With this rating system, consumers will find it easier to buy cars that not only prevent accidents, but also protect them in the event of an accident.

Published on: August 4, 2010

Parents Demand Stricter Teen Driving Laws

by Robert N. Katz, Esq.

There is a growing debate nationwide over the need for a mandatory federal standard for driver’s licensing programs.Currently, there is no single federal standard.As Atlanta auto accident lawyers, we strongly support a strict, federal mandatory standard for licensing policies.A bill called the Safe Teen and Novice Driver Uniform Protection Act would establish exactly such a standard.It’s not surprising that some of the strongest supporters of this proposed standard are parents.

A new survey by the Insurance Institute for Highway Safety reveals that parents favor stronger licensing standards for their children.The study is the first of its kind into parental attitudes towards graduated driver’s licensing policies.It clearly reveals that parents strongly favor licensing policies that can prevent their children’s risk of being involved in an accident.

The parents were asked several questions, including their opinion about nighttime driving restrictions and passenger restrictions.90% of the parents said that they were in favor of nighttime driving restrictions on teenagers, and most of them wanted restrictions that began at 10 PM or earlier.Georgia’s GDL laws impose a restriction on nighttime driving between midnight and 6 AM for teen drivers.

Published on: July 30, 2010

Distracted Driving Summit to Be Held in September 2010

by Robert N. Katz, Esq.

Second Distracted Driving Summit to Be Held in September 2010

Buoyed by the success of the first National Distracted Driving Summit last year, the US Department of Transportation has announced that a second summit will be held on September 21, 2010 in Washington DC.

It’s been an eventful few months since the first summit.During this period of time, several states, including Georgia, have made progress towards the banning of technological distractions at the wheel.In Georgia, we now have a ban on texting while driving for all motorists, and a ban on the use of cell phones while driving for motorists below the age of 18.The law is now in effect, and violators may be fined $150.

Published on: July 12, 2010

ATV Dealers Selling Adult-Sized ATVs to Children

by Robert N. Katz, Esq.

ATV manufacturers make much of the fact that their vehicles are not “recommended” for children below the age of 16. They recommend that children only drive smaller-sized ATVs. They might want to send a memo to some of their dealers, however. An investigation by CBS Early Show found that many dealers see no harm in pushing sales of ATVs, even when they know that the vehicle will be operated by a child below the age of 16.

The CBS investigation found that five out of every ten dealers were willing to sell ATVs to undercover investigators posing as consumers, even when they were made aware that these all-terrain vehicles would be operated by a below-16 year old. In fact, one dealer in the exposé actually persuaded the “parents” to buy a large-sized ATV for their child, because he would be bored of a small-sized ATV within a week.

To Atlanta accident lawyers, these findings are very disturbing for two reasons –

Published on: July 9, 2010

Is Your Rental Car Safe to Drive

by Robert N. Katz, Esq.

An ABC undercover exposé reveals some shocking truths – the policies at most rental car companies are not designed to protect consumers from accidents involving recalled vehicles. Rather, these policies are aimed at getting cars out there, even if they are on the recall list.

The undercover exposé found that some of the biggest rental car companies, including Enterprise Rent a Car, Avis and Hertz don’t have firm policies in place against renting out recalled vehicles to unsuspecting consumers. Enterprise is one rental company that has been at the center of controversy over recalled vehicles. In May, the company lost a wrongful death lawsuit that had been filed against it by the parents of two sisters who were killed in an accident involving a rental car in California.

That car was a 2008 Chrysler PT Cruiser that had been recalled a few months earlier, but was rented out by Enterprise. Chrysler had linked that recall to a power steering fluid leak problem that could lead to loss of control of the vehicle. As the two sisters were traveling, the driver lost control of the car, and it burst into flames. The two women were killed instantly.

Published on: June 25, 2010

Older Drivers Not Necessarily Bad Drivers

by Robert N. Katz, Esq.

More Older Drivers Doesn’t Necessarily Mean More Accidents

The Insurance Institute for Highway Safety has, in the past, warned about a growing population of senior motorists and the implications for highway safety. The agency had published a study nine years ago, expressing its concerns over the heightened risk of accidents with more numbers of elderly motorists on the road.

As it turns out, those concerns may have been completely misplaced. An updated report by the Insurance Institute for Highway Safety shows that although there are more numbers of elderly motorists on the roads, they are not necessarily being involved in more numbers of accidents. In fact, there has been a decline in the number of serious/fatal accidents involving elderly drivers over the past decade.