Car Accidents

Published on: April 24, 2009

BMW Driver in Fatal South Fulton Accident Arrested

Police in Fulton County arrested the driver of BMW that was involved in a fatal car accident on Easter Sunday. The car accident killed Robert and Delisia Carter, their nine-year-old daughter Kayla, and their two month old son. A six year old child in another car was also killed in the multi vehicle accident.

The Carters had been out for an Easter Sunday drive when a BMW crashed into their car, and then struck a Volkswagen. The Mercedes burst into flames, killing the family inside. The driver of the Volkswagen, Tracey Johnson sustained serious injuries in the accident. Her six-year-old daughter was also killed.

The BMW fled from the scene of the accident. Fulton police had been looking out for the driver since Sunday. This morning residents of Walden Park in south Fulton County woke up to find that one of their neighbors, 22-year-old Aimee Michael was the driver of the BMW involved in the tragic Easter crash.

Published on: March 26, 2009

Failure to Screen Bus Companies Places Athletes at Risk for Accidents

by Robert N. Katz, Esq.

Back in 2007, a bus accident in Atlanta, involving a vehicle carrying baseball players of Bluffton University, Ohio killed seven people on board, including five players, the driver and his wife. That accident was blamed on driver error, as well as the failure of the Georgia Department of Transportation to maintain important traffic safety devices.

A new report by ESPN brings back memories of that tragic accident, and underscores how much at danger our college athletes are when they travel in buses that are operated by companies with a bad safety record.An analysis done by ESPN’s Outside the Lines shows that between 2007 and 2008, hundreds of college teams and athletes traveled on buses operated by companies that have frequently failed to comply with federal bus safety standards. During this period, close to 85 Division I universities used charter bus companies that were found to be deficient in at least one federal safety score.Even worse, of these 85 universities, close to 35 were been found to have hired buses from companies that have more serious safety infractions on their record. These companies have what is called a "constitutional rating," meaning that the schools should have been refrained from using the company.

Problems at a number of these bus companies used by colleges and universities included faulty maintenance of the buses.Drivers were found to be less than qualified, and too inexperienced to operate these buses. Tinkering of log books was found to be widespread.Manipulating log books allows drivers to clock in more number of hours than is permitted, ending up with more money for the driver, but seriously jeopardized safety for the passengers of the bus. Drivers were also allowed to work for several days before undergoing drug and alcohol testing. Other more serious problems included malfunctioning emergency exits. Studies indicate that bus companies that are found to be deficient in safety scores have a higher incidence of accidents. What’s worse is that authorities at colleges, who had used these buses frequently, when contacted by the ESPN team, were simply unaware that the companies had all these violations to their credit.

Published on: March 20, 2009

Distractions Increase Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

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

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

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

Published on: March 4, 2009

Georgia – TACT Aims at Reducing Truck Accident Rates

by Robert N. Katz, Esq.

Law enforcement officers in Lowndes and Cook Counties launched the Georgia TACT (Targeting Aggressive Cars and Truck) program on February 23^rd. The G-TACT program is a traffic safety awareness campaign that aims at reducing the number of large truck accidents on our highways. Motorists driving passenger vehicles are taught to identify the dangers they face when they share the road with an 18-wheeler. The enforcement program continued through the week, and included I–75 and a few other areas that were chosen because of the high number of truck accidents in these. The enforcement included car and truck drivers engaging in dangerous behavior like tailgating, recklessly changing lanes, failure to signal and speeding.

A total of 365 big rig – passenger car accidents occurred in these areas over a 3-year period, resulting in 389 injuries and 20 deaths as a result. Out of the total number of highway deaths that occur in Georgia every year, 15% are caused because of commercial motor vehicles – passenger car collisions. In an overwhelming majority of these crashes, the fatalities are occupants of the smaller car.

Collisions between 18-wheelers and smaller passenger cars can have a disastrous impact on the occupants of the car. These massive commercial trucks can weigh up to 80,000 pounds, and a smaller vehicle has minimal chance of escaping damage when it is involved in an accident with a truck of this size. The rules of the road change dramatically when you’re sharing the road with an 80,000 pound machine. Speeding or other negligent behaviors like using a cell phone can be doubly dangerous when you’re anywhere close to a large truck. Always maintain enough space between the car and the truck, and keep in mind that the truck driver because of his position may not be able to see you. Be alert to any signals or signs that the truck driver, makes signifying his intent to turn etc. Avoid tailgating a large truck at all costs.

Published on: March 3, 2009

Accident, Injury Prevention Features still not Standard on all Passenger Vehicles

by Robert N. Katz, Esq.

Electronic stability control, side impact airbags, neck restraint systems – these are just some of the high tech, innovative, auto safety features that manufacturers have developed and improvised to near perfection in recent years, in an effort to reduce the number of car accidents and injuries caused by vehicle collisions. Although these are becoming popular with car buyers, they are far from standard on all passenger cars, which means that motorists who wish to have these features in their vehicles should be prepared to shell out extra dollars for them.

The New York Times has this story on how some of the most ballyhooed car safety features continued to be optional on several car models. Electronic stability control (ESC) systems are one of the most impressive new auto safety technologies to make it out of R&D facilities in recent years. The system makes use of computerized sensors that can tell when a car is in danger of losing grip of the road. When a potential loss of traction is detected, the system automatically applies the brakes so there is no loss of control. Cars may be especially prone to skidding or loss of control when they turn at high speeds, or accelerate or brake suddenly. Loss of control in such instances can cause the car to roll over, exposing occupants to serious injuries. With an ESC system working in your car, the risk of an accident is dramatically reduced.

ESC systems will be standard on all vehicles by 2012. They are currently very popular with buyers who will pay extra for an ESC system if it is not included as part of a standard features package. However, in times of a recession, paying extra, sometimes up to $ 2,000 extra for a package that includes an ESC system may not be in every buyer’s budget. In times of economic turmoil, it’s more important than ever that automakers design their cars with a view to minimizing accidents and injuries that take a heavy economic toll. Like David Champion who is the senior director of automotive testing at Consumer Reports says, manufacturers shouldn’t be making it more expensive for buyers to access proven safety gear like ESC systems or side impact airbags.

Published on: February 27, 2009

Clayton County Bus Shortage Poses Risk of Accidents

by Robert N. Katz, Esq.

Lack of funding is the reason why Clayton County buses are bursting not only with people, but with the potential for a serious accident. According to MARTA, which operates 22 buses through C-TRAN, Clayton County’s public transport system, more buses are desperately needed to avoid the overcrowding problem on local buses. The problem is huge, and is getting to the point where a bus is forced to routinely take close to 20 more passengers than it can handle.

MARTA general manager Beverly Scott is concerned enough about the problem to ask for additional funding to address this concern. Apart from at least 6 new buses that will be needed to counter the overcrowding problem, new drivers to operate these as well as additional routes will have to be planned for. On February 17^th at a hearing that included county residents, the Clayton County Commission received an earful of complaints about the dangers they faced traveling on County buses. Besides the road safety issues involved, residents complained that they were frequent fights breaking out on the buses as passengers jostled for space.

MARTA is expecting more than $60 million in federal stimulus money. However, those expecting the money to be used to expand essential bus services are likely to be disappointed. MARTA expects money to be used for current facilities, including repairs and other projects.

Published on: February 20, 2009

Georgia Bill to Allow Seatbelt Use Evidence in Accident Trial

by Robert N. Katz, Esq.

There’s a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim’s right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant’s lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim’s failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim’s right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant’s negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant.That defeats the purpose of civil justice.

Published on: February 4, 2009

Top Factors that Contribute to Auto Accident Deaths

by Robert N. Katz, Esq.

A Forbes report presents a fascinating look at accident fatality statistics, going beyond the usual cut and dry numbers.Using data compiled from the National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety and the Traffic Safety Center at UCB, the report provides a breakdown of the most dangerous times for motorists to be on the streets, and the data is just as apt for Georgia as it is for other states.

Saturday happens to be the most dangerous day of the week, which isn’t surprising because this is part of the weekend, with a higher risk of drunk driving.August is the most dangerous month of the year, and the hours between 5 and 6 pm are the most dangerous minutes to be on the road. The first day after a snowstorm increases your risk of an accident-related fatality by 14 percent, and if you escape an accident on Thanksgiving, there’s reason to be doubly grateful because the weekend is the most hazardous time of the entire year to be driving.The Fourth of July tends to be the most dangerous day of the year.

This doesn’t mean that merely being on the roads during these dangerous times is enough to up your risk factor.Simple acts like wearing seat belts and driving within posted speed limits markedly reduce a person’s risk of being involved in an accident.People who were talking on their cell phones were up to four times more likely to meet with an accident. Drinking and driving was, not surprisingly, another factor in causing accident-related deaths.

Published on: January 28, 2009

Seatbelt Laws, Accident Rates, and a $4 Million Grant for Georgia

by Robert N. Katz, Esq.

Georgia’s ongoing budget crisis may actually be a blessing in disguise for the state’s motorists – the state has an incentive for passing seatbelt laws that come in the welcome form of a $4 million federal grant, which would not only add to the state’s depleted coffers, but also reduce the number of accident-related fatalities in the state.

The state is the last one in the country that continues to allow pick up truck drivers to drive without seatbelts.All minors and adults are required to buckle up on other vehicles, however. This pick up truck exemption has come in the way of a fund of $4 million which the federal government has tied to a state’s enactment of seatbelt laws.Georgia however has stubbornly refused to make it mandatory for pick up drivers to snap on their seat belts, and has lost out on the funding, thus far.

Now however, the situation is markedly different, and cries for mandatory seat belt laws that can help save thousands of lives a year, are getting louder. One of the weapons in the armor of proponents of making seat belts mandatory on all vehicles without exception, is of course the $4 million grant that the state would receive if it passed these laws.The state currently faces a budget deficit that is set to exceed $2 billion, and with the economy in the shape it’s in, there’s no telling how deep the deficit could go.

Published on: January 15, 2009

Safety Group Calls for Nationwide Cell phone Ban While Driving

by Robert N. Katz, Esq.

The National Safety Council is calling for a ban on all kinds of cell phone usage behind the wheel to prevent traffic accidents, but Georgia’s state authorities still don’t seem to have received the message that driving and cell phone use just don’t go well together.

Cell phone use while driving is rampant and clear to see on Atlanta’s streets, where only school bus drivers are banned from using cell phone devices while driving.Now, the National Safety Council has called for a nationwide ban on all cell phone usage behind the wheel, including hand held and hands free devices, to prevent the growing number of accidents that can be traced to drivers distracted using their cell phones.Currently, no state completely bans cell phone usage while driving, but California, New Jersey, New York, Washington, Connecticut and Utah enforce a ban on hand held cell phone usage. National Safety Council president Janet Froetscher isn’t impressed with such measures – she says that the issue isn’t whether your hands are free to drive, but that your head is engaged in the conversation you’re having on the cell pone. That is what causes accidents, and not the actual act of holding the phone.

Georgia lags behind most states in the kind of cell phone driving legislation it has in place.Representative Matt Ramsey (R-Peachtree City) is currently working on plans for legislation that will ban cell phone use for drivers under the age of 18.According to Rep Ramsey, the under-18 age group is the most vulnerable because they are still learning the ropes of correct behavior behind the wheel, and also because distractions are a major cause for accidents involving teens. Violators would receive a first time fine of $175 and a $500 fine for additional offenses.