In The News

Published on: October 26, 2011

Trial Date Set for Pipeline Explosion Lawsuits

Persons who have filed personal injury and wrongful death lawsuits related to a deadly pipeline explosion in California last year that killed eight people and left dozens injured, will have to wait until July 2012 for justice.A judge in California has set a trial date for the lawsuits for July 23, 2012.Currently, there are more than 90 lawsuits that have been filed against Pacific Gas and Electric Co., the company that operated the pipeline.

Eight people died and dozens of homes were destroyed when a piece of natural gas pipeline ruptured and exploded in a section of San Bruno.The resulting flames blazed for hours, burning down homes.According to the National Transportation Safety Board, the explosion was a direct result of negligence by Pacific Gas & Electric Company.The pipeline which exploded had suffered a fracture from a partially welded seam on one section.

The pipeline had been installed in 1956, when the area was sparsely populated.However, the National Transportation Safety Board found that the pipeline did not meet the existing quality control and welding standards in 1956.The Board found that quality standards had been either overlooked by the company, or ignored.

Published on: October 25, 2011

Georgia Medical Malpractice Caps Affect Patient Rights to Compensation

by Robert N. Katz, Esq.

A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.

Published on: October 24, 2011

Increased Truck Weight Limits in Georgia Could Increase Risk of Serious Injuries in Truck Accidents

by Robert N. Katz, Esq.

As more and more states in the country begin to experiment with increasing weight limits for trucks in order to improve trucking efficiency, trucking companies, truck safety groups and Atlanta truck accident attorneys are watching these developments with interest.From a safety point of view, there is nothing to recommend an increase in truck weight limits, no matter how much these increase efficiency. Truck accidents are some of the most dangerous and deadly accidents on our roadways. A significant portion of these accidents result in serious personal injury and wrongful death.

Several states have authorized higher truck weight limits, allowing an increase on the weight of 18- wheelers from 80,000 pounds to 97,000 pounds.Congress is also debating such increases in weight limits.Unfortunately, during a recession, calls for increases on truck weight limits have grown louder, because of the potential benefits to the trucking industry.

According to advocates for an increase in truck weight limits, such an increase will increase efficiency and productivity, lowering the number of trips needed for transportation of cargo.According to them, higher truck weight limits may also lead to lower strain and wear and tear on highways, and reduced maintenance and repair expenses.However, the number one factor behind the trucking industry’s support of increased truck weight limits is the fact that these are expected to save the trucking industry billions of dollars every year.

Published on: October 17, 2011

Bionic Leg That Allows Accident Amputees Greater Movement Soon to Be Commercially Available

by Robert N. Katz, Esq.

Car Accident victims in Georgia, who have suffered limb amputations, may soon be able to enjoy greater freedom of movement through a prosthetic limb that will soon be commercially available.The bionic leg is manufactured by a Massachusetts-based company called iWalk.Until now, the device was only available to members of the military, but will soon be available to civilians through providers across the country. Given the serious consequences of this type of personal injury, the use of this new technology is very welcome.

This prosthetic device boasts of an advanced design that uses robotics to imitate the muscles and tendons of the human foot, including the Achilles’ tendon and heel.Veterans of the US military, who have been injured during combat in Iraq and Afghanistan, have had access to these bionic legs for a while now.The US military has invested in developing more advanced and scientifically-proven prosthetic devices that can mimic the natural movement of the human limb.Amputations of limbs are some of the most frequent injuries among veterans, and in fact, according to recent reports, the number of such amputations involving veterans has actually increased.

Earlier prosthetic limbs were cumbersome and provided limited mobility. This prosthetic device is advanced enough to allow wearers to climb stairs, and walk up and down slopes with ease.With earlier devices, such movements were not possible.Veterans who have been fitted with this bionic leg have found that it is close to the actual working of the human foot.

Published on: September 14, 2011

Atlanta Man Killed in Motorcycle Accident

by Robert N. Katz, Esq.

An Atlanta motorcyclist was killed last month in an accident that occurred when a motorist turned into his path.According to the Georgia State Patrol, the motorist was driving under the influence of alcohol. The accident occurred in Paulding County.The man was riding on his motorcycle when the intoxicated driver turned into the path of the motorcycle.The man was thrown off his motorcycle, and sustained fatal injuries.The motorist has been arrested, and faces charges of driving under the influence, vehicular homicide in the first degree and failure to heed. Of course, he will also likely face a civil suit for wrongful death.

Even as the numbers of people killed in auto accidents in the United States have declined over the past few years, the numbers of people being killed in motorcycle accidents has remained more or less steady.In 2010, federal auto safety agencies recorded the first drop in motorcycle accident fatalities in more than eleven years.The decline was slight, but was encouraging to Atlanta motorcycle accident lawyers who have been very concerned about the fact that motorcycle fatalities have remained high over the past decade.However, the decline in fatalities was too low to mean any major change in the attitude towards motorcycle safety in the country.

In 1981, the groundbreaking Hurt Report was published, and outlined the major factors involved in motorcycle accidents in the United States.The study had been sponsored by the National Highway Traffic Safety Administration.The Hurt Report was published during a time of high accident fatality numbers involving motorcyclists. One of the findings of the Hurt Report was that most motorcycle accidents are caused by motorists who fail to yield right-of-way to a motorcyclist.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: August 17, 2011

Mexico Trucking-Trade Agreement Poses Safety Concerns

by Robert N. Katz, Esq.

A new agreement between the United States and Mexico would lift tariffs on US goods in Mexico, in return for allowing Mexican trucks to carry freight within the US.It’s a controversial agreement, and Atlanta truck accident lawyers are concerned about the trucking safety records of Mexican companies. Truck accidents often result in serious personal injuries and wrongful deaths.

The deal was announced last month by the Department of Transportation.Already trucking safety groups have raised questions about whether Mexican trucks will be able to meet safety standards in the United States.The Teamsters Union has already made clear its concerns about trucking safety.

However, the Department of Transportation says that there is no need to worry, and that Mexican drivers will be held to the same high standards that American drivers are.According to the agency, Mexican truck drivers will be put through drug and alcohol tests to make sure that there are no intoxicated drivers on the street.Besides, the Department of Transportation will also electronically monitor truck drivers through onboard recorders.These truckers will also be held to high emission safety standards.

Published on: August 11, 2011

Study Links Brain Injury to Enhanced Stroke Risk

by Robert N. Katz, Esq.

A new studypoints to an increased risk of suffering a stroke after a traumatic brain injury. The study found that persons who had suffered a brain injury have a ten-times higher risk of suffering a stroke during the first three months after injury. This means that anyone involved in a car accident, construction accident or any other trauma that results in a traumatic brain injury has a much higher likelihood of suffering a stroke.

The results of the study have been published in the online issue of Stroke: Journal of the American Heart Association, and confirms that a traumatic brain injury can increase the risk of suffering a stroke over five years.The researchers based their results on an analysis of data of about 23,000 patients from a Taiwanese database.All these persons had suffered a traumatic brain injury.These people were then compared to people with no history of brain injury.The researchers monitored their susceptibility to stoke over a period of 5 years.

The increase is the most dramatic during the first three months after the TBI.After one year, the stroke risk went down substantially, but it was still at least 4.6 times higher than among people who did not have a traumatic brain injury.After five years, the stroke risk was 2.3 times higher than among patients with no brain injury.

Published on: July 25, 2011

New Traffic Signal Implemented in Response to Increased Car Accidents

by Robert N. Katz, Esq.

More streets across the country will soon be privy to a new style of traffic signal. Drivers in Michigan, Nevada, and various parts of California and Ohio are already flooding Internet search engines with variations of one question, “What does new flashing yellow arrow mean?” The new variation on the left turn signal, which originated in Reno, Nevada, means that left turns are permitted as long as drivers yield to oncoming traffic and pedestrians. The hope, and apparently the impact, is to decrease the number of auto accidents at intersections thereby greatly reducing the number of injuries.

The traditional steady yellow arrow and the green arrow retain their original meanings. The yellow continues to indicate that motorists should be prepared to stop or complete their turns if already in the intersection. The green arrow, of course, gives turning motorists the right of way.

The change comes as regulators explored methods to promote safety and efficiency – and decrease the number of car accidents that happen as a result of the current signal system. USA Today reports that in Kentucky there has already been about a 30% reduction in left-turn collisions, although some deem it’s early to thoroughly evaluate success. Undoubtedly, the new signal may help address what some call the “yellow trap condition.” Personal injury lawyers have known about this trap for years. The trap occurs whenthe driver waiting to turn left is lead into the intersection when it may actually be unsafe to do so. During the signal change from "permissive" movements in both directions to a "protected" movement in one direction, a yellow trap occurs when the left-turning driver’s permissive left-turn is ending. It is said that the flashing yellow arrow eliminates the yellow trap without requiring louvers (slats over the light that prevent it from being seen until the driver is close to the first signal in the set) or other visibility-limiting devices.

Published on: July 22, 2011

Sharon Stone Ordered to Pay Compensation to Worker Injured in Slip and Fall Accident

by Robert N. Katz, Esq.

Slip and fall accidents are some of the most common ways in which persons may be injured on someone else’s property.A jury in California has decided that actress Sharon Stone must pay compensation to a worker, who was seriously injured in a slip and fall accident on her premises in 2006.

The accident allegedly occurred when the worker was performing some work in the star’s California home.He was doing some wiring work in the yard, and at some point, he slipped and fell down a 12-foot slope.Just before he fell, he tried to hold on to a lattice nearby, but the screen collapsed under his weight, and he fell straight down.He suffered serious knee injuries, and as a result of these injuries, was unable to return to his former job and income levels.

Two years later, he filed a premises liability lawsuit alleging negligence against Sharon Stone.The lawsuit alleged that there had been only a lattice to break his fall, and that he had not been warned about the drop off.Stone denied those allegations, claiming that there never has been lattice on the property, and that she had always had a chain-link fence going around her yard.The actress even testified in a courtroom, and presented pictures of the chain-link fence as evidence.