Articles Posted in Georgia Laws

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The state of Georgia recently allocated $2.5 million for personal injury and car accident prevention efforts across the state in the form of several grants.

We definitely need greater investments in the field of auto accident and personal injury prevention in order to help reduce the number of people fatally or seriously injured in auto accidents every year.  That means investments in awareness and education campaigns, planning and infrastructure, updating of records and databases, and updates to existing medical and emergency care systems.  The recent grants announced in Georgia target several different areas that have long required attention.

The Georgia Department of Public Health has announced an investment of more than $1.7 million in the Injury Prevention Program’s Child Occupant Safety Project. This program promotes the safety of child passengers in automobiles across Georgia, helping provide car seat installation advice and guidance to thousands of parents and caregivers across the state. Child passengers are some of the most vulnerable passengers in any auto accident, and this grant will provide more funds to make sure that training is available not just to parents, but also to medical and health care professionals, emergency responders, firefighters and law enforcement officers.  The goal is to make sure personal injuries to these vulnerable passengers are minimized or avoided all together.

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A  new bill that is expected to be introduced soon would require federal standards for the heights of SUVs and pick-up trucks to also consider pedestrian safety. This is an extremely important change which is likely to save lives in auto accidents involving pedestrians and bicycles.

According to Representative Mary Gay Scanlon (D-Pennsylvania),  who is introducing the new bill, while there is much that is currently being done to protect occupants inside the vehicle, there is much more that can also be done in order to protect vulnerable users like pedestrians and bicyclists who are outside the vehicle when auto accidents occur.

The popularity of pick-up trucks and SUVs has skyrocketed in the past few decades, and these are some of the most in-demand automobiles on the American roads.  Unfortunately, while these are very popular vehicles, their  presence on our roads also pose a serious danger to motorists,  pedestrians and bicyclists.  Their large sizes and bulk makes it much more likely that occupants of smaller vehicles will suffer serious personal injuries or wrongful deaths when they are involved in an auto accident with these large SUVs and trucks.  There is immense danger to pedestrians  and other vulnerable users like bicyclists who are involved in auto accidents with these vehicles.

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If a group of Atlanta Council members has its way, motorists will no longer be able to make a right turn when they are at a red light.  The move is linked to concerns about the risk of car accidents involving pedestrians.

The so- called Right on Red laws were enacted across the country back in the 1970s in the midst of a fuel crisis.  The law allows motorists the right to make a right turn at a red light, provided they stop first and it is safe to turn.  However, authorities found out very quickly after the laws were passed, that while the laws did not really do much to increase fuel efficiency, they did increase the risk of car accidents involving pedestrians when drivers made  right turns at red lights.  Even back in the 1970s, officials found that there was a higher risk of auto accidents involving pedestrians in these areas.

Recently, however, there have been efforts across the country to get these laws repealed or banned.  According  to transportation safety experts, these laws do contribute to large numbers of  car accidents every year involving pedestrians,   and many of these auto accidents result in catastrophic personal injuries to the pedestrians.  Now, a group of three Atlanta Council members also has proposed a ban on such right turns at red lights in certain areas in the city.  The three Council members are proposing a ban on these actions in Midtown, Downtown and Castleberry Hill.  These are busy areas that are chock full of entertainment venues and cultural attractions, and see large   volumes of pedestrian traffic.  According  to the Council members,  it is important to keep these areas thriving,  and that  can happen only when the laws make it safe for pedestrians to walk in these neighborhoods.

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The federal government is not amused by the witty highway safety messages that are posted on several highways across the country, including in Georgia, to prevent auto accidents.   The federal government has banned these humorous electronic safety messages across the country.

The Federal Highway Administration, which is in charge of regulating the nation’s massive network of highways, recently released a 1000 – page manual which also includes rules for the design of safety signs. The manual  makes it clear that it considers these messages to be distracting. Rather than preventing auto accidents, the FHA believes the messages make car accidents more likely.

Over the past few years, several states including Georgia, have attempted  to attract motorist  attention to highway safety issues by posting humorous safety messages that use wordplay,  a pun-friendly  style or references to pop culture to grab eyeballs.  Georgia transportation safety experts experimented with these witty signs, and in 2020, held a contest to find the most humorous sign ideas.  Winning entries included gems like You Look Great, But the Selfie Can Wait, Better Late Than Never, and our favorite If You Missed the Exit, It’s OK, We Made More Up Ahead, and began flashing on several highways after these were picked out of hundreds of entries.  Over the next few months, however, many of these messages may simply be phased out as a result of the new federal rules.

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A law that prohibits the use of hand cell phones while driving for Georgia motorists has possibly contributed to a drop in the number of auto accidents caused by distracted drivers in the state. Unfortunately, before the law was passed, there were a significant number of car accidents in Georgia involving persons talking and texting while driving.

According to representatives at the Georgia Governors of Highway Safety, there has been a reduction in the number of car accidents directly caused by distracted motorists since the ban was passed. The law which prohibits Georgia motorists from using a handheld cell phone to send or receive text messages or to even touch a telephone while driving was passed in 2017, and went into effect the following year.

The  Georgia Governor’s Office of Highway Safety only has statistics for the year 2021, and the data for that year seems to  indicate that the number of people convicted for handheld cell phone use increased significantly after the stricter ban was enacted. There were more than 43,000 distracted driving convictions in 2021 for violation of the ban.  Many  of these involved people who were driving while holding their cell phones.  That was a significant four -fold increase from 2017.

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When an individual has been convicted of drunk driving, they often are required to have an ignition interlock device placed on their cars. These devices prevent a person from starting a car until they have passed a breath test for driving. States have passed compliance laws that strictly require individuals who have had an ignition interlock device installed in their vehicle after a DUI offense to comply with these devices. The devices can only be removed once the person has shown to have complied with the devices for a defined period of time. These compliance laws seem to have much higher success than other methods of preventing repeat offenses and reducing the risk of alcohol – related car accidents.

Those  findings come from a new study conducted by the Governors Highway Safety Association. The report focused on the effectiveness of compliance- based removal components in ignition interlock device laws.  Currently, all states, including Georgia, have some form of ignition interlock device laws which require that they get devices installed in their vehicles that prevent them from operating their vehicle if their system contains more than a certain amount of alcohol.  At  least 33 states have compliance- based removal laws in place that clearly define conditions that must be met for an exit from the interlock device requirement.  Georgia, unfortunately, does not have a compliance- based removal component as part of its  ignition  interlock device laws.

The  Governors Highway Safety Association focused on two states that   have compliance – based removal laws and two states that do not have such laws.  The study established that states that have compliance -based laws have  much lower recidivism rates  for drunk driving compared to states that do not have such compliance laws in place. The Governors Highway Safety Association researchers say that there is no way to absolutely confirm that these higher recidivism rates in states that do not have compliance -based removal laws were related to the absence of these laws and that other factors could also play a role.  But  they also stress that compliance -based  removal laws do  provide an extra layer of protection that can prevent these auto accidents. The researchers  are encouraging states like Georgia to review their ignition interlock laws to identify deficiencies and correct  these in order to make these laws more effective.

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Sedentary lifestyles and bad eating habits are placing millions of Americans at risk of  poor sleep patterns,  increasing their chances of being involved in an  auto accident.

This  March, the National Sleep Foundation will mark Sleep Awareness Week.  The  special week will be commemorated   between March 12 and March 18.   The National Sleep Foundation wants Americans to understand that when they sleep less than the recommended number of hours a night, they place themselves at risk of tiredness and fatigue that increases their chances  of being involved in an auto accident while driving. In 2022,  the  National Sleep Foundation underscored the car accident risks that come with being in a state of sleep deprivation by partnering with the Drowsy Driving Prevention Project and the National Safety Council.

Last year, the National Sleep Foundation commissioned a poll that threw up interesting insights about the sleep patterns of Americans. The poll found that far too many Americans are not getting enough light exposure in the daytime.  Exposure  to light in the daytime can keep you awake while exposure to dim lighting in the evening can help you sleep.  When  people have very little light exposure in the daytime,  it can affect their ability  to sleep well at night.   Much of the night time light exposure for Americans is presently coming from smartphones.  For most  Americans, bedtime is preceded by at least an hour of scrolling through their smartphones.  The  blue light that is emitted from these screens actually inhibits your ability to sleep well.  When you spend far too much time staring at your cell phone before going to sleep, it makes it that much harder for you to sleep.  The result is fewer hours of sleep than you require,  and consequently, a state of fatigue and drowsiness.   The poll also found that many Americans follow irregular eating patterns, and these too can affect a person’s ability to fall asleep quickly.

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Under Georgia’s current laws, drivers are prohibited from holding a cell phone while driving a car. If a recently introduced bill becomes law, that could soon change.

Senate bill 356 was recently introduced in the Georgia Senate, and would allow drivers to use their hands to hold a cell phone while the car is not in motion or when the car is at a stoplight. The bill has been introduced as a way to provide an easy solution to a common dilemma facing many Georgia drivers. According to those introducing the bill, motorists often complain that they find themselves waiting at stoplights behind drivers who are looking down at their cell phones in their hands and, therefore, not aware of the change in lights. According to the bill writers, allowing motorists to use cell phones while at stop lights would encourage them to hold their cellphone up, which would also allow them to notice the change in lights, thereby preventing them from blocking motorists behind them.

The bill is already getting a lot of pushback from interested parties. At a recent hearing, lawmakers heard from physician groups, associations of police officers and other traffic safety advocates.  They said that allowing motorists to use their hands to hold a  cell phone while at the wheel simply increases the range of distractions and is completely unnecessary.  Opponents of the bill say that allowing cell phone use of any type when a motorist is driving, regardless of whether he is at a stoplight or not, is a bad idea that immediately puts motorists in a distracted frame of mind.

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Transportation safety advocates have been hailing the infrastructure bill that allocates billions in spending on upgrading infrastructure.  Georgia could be an especially lucky beneficiary of that funding.

The infrastructure bill recently signed by President Joe Biden will earmark a staggering $1 trillion for infrastructure funding across the country. Billions of dollars of those funds are on their way to Georgia where many bridges, roads, and highways will benefit from upgrades and repairs. The state has several bridges and highways that have been deemed dangerous or in “poor” condition by experts. At least 374 bridges in the state are “structurally deficient.” Additionally, more than 2, 000 miles of roads across Georgia are categorized as “poor.”  These roads and bridges will benefit from the funding and receive necessary repairs from pot holes, to crumbling pavement and unstable foundations.

Close to 9 billion dollars in funding will be directed to defective highways and roads in the state. An additional $225 million will be allocated for conducting repairs to bridges. Roads in the metro Atlanta region are likely to benefit from repairs as a result of the funding. Mass transit in Georgia will also benefit as a result of the funds. The bill includes more than 1.4 billion dollars to be spent over the next five years on public transport systems in Georgia.  Efforts to expand public transportation have long been attempted in the Atlanta area.  The additional funding may help get overdue improvements finally implemented.   Expansion of mass transit and public transport services will ease congestion in the metro Atlanta region and other areas, and make the roads safer for all commuters to use. Mass transit is safer and more convenient than driving for many Atlanta residents, and expansion will definitely be welcome

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A boating safety law that would require that recreational boaters use a kill switch link went into effect on April 1.

The kill switch law is a new federal law that requires operators of recreational vessels to wear a link to the kill switch.  Any recreational vessel that is less than 26 feet in length must be equipped with an engine switch-off lock link. Basically, the lock allows the operator to switch off the engine during an emergency, such as if the operator of the boat falls overboard.

When a boat operator falls overboard, he is likely to suffer serious or even fatal injuries, as the driverless boat may continue to circle around which could result in the victim being struck by the boat propellers. Injuries sustained in an accident like this are usually catastrophic or even fatal.

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