In The News

Published on: November 23, 2011

FMCSA Postpones Publication of Truck Driver Work Rules – Increase in Truck Accidents Likely

Atlanta truck accident lawyers, trucking safety groups and others who have been waiting for the Federal Motor Carrier Safety Administration to publish its Hours of Service rules for truck drivers, will have to wait a little longer.Unfortunately, this delay is likely to increase the number of truck accidents and, therefore, the number of persons who suffer personal injury and wrongful death due to these accidents. The Federal Motor Carrier Safety Administration has released a statement saying that it has decided to postpone publication of the work rules for at least another month.

The agency had been required to meet the deadline of October 28 for the publication of the new rules.However, in a statement, the agency says that several parties that have been opposed to the rule have agreed to an extension of the deadline for publication.The agency expects a deal to be announced on November 28, 2011.

The Federal Motor Carrier Safety Administration’s decision to postpone the publication of the rule is no surprise to any Atlanta truck accident attorney.After all, the agency’s proposal to review the Hours of Service for truck drivers has been a controversial one, and is heavily opposed by the trucking industry.

Published on: November 22, 2011

Marietta Motorist Claims Seizure Caused Car Accident

by Robert N. Katz, Esq.

A Marietta motorist, who was involved in a multi-vehicle auto accident, insists that the car accident was the result of a seizure that he suffered while driving.Police have already filed charges against him. According to the Atlanta Journal-Constitution, the auto accident occurred when the driver’s Ford F-250 struck another pickup truck on the same street.The motorist drove off after the accident and struck two more vehicles, before finally veering off the road and crashing into a tree.

Fortunately, the car accident did not result in life-threatening injuries for other drivers involved.The motorist has been charged with hit-and-run, driving too fast for conditions, failure to maintain lane and driving under a suspended license. Car accident attorneys regularly see cases in which a defendant driver claims a medical condition caused the accident. In order for this defense to be successful in a civil case, they must establish not only that the medical condition caused the accident, but that the medical condition was not known or it was not known that the medical condition would result in the issue which occurred.

Police say that he was fleeing the accident scene when he crashed, but the motorist claims that he has a history of epilepsy.According to him, he suffered a seizure at the time of the accident.The motorist says that he suffered petit mal seizures in his childhood, and was placed on medication.However, he stopped taking the medications after the seizures ended.The last time he had a grand mal seizure was three years ago.He does not know what caused this latest seizure that he suffered during the accident.According to him, he has no recollection of any of the events leading up to the accident.

Published on: November 21, 2011

Court Awards $144 Million in Medical Malpractice Lawsuit

by Robert N. Katz, Esq.

A Michigan jury has awarded $144 million in a medical malpractice lawsuit filed by a woman who alleged that negligence by her doctors left her baby with severe brain damage and in need of long-term care. Medical malpractice attorneys in Atlanta and elsewhere recognize the potential for sizable injury awards in all cases in which an infant suffers brain damage during birth. However, this is one of the largest medical malpractice awards in this settling.

The verdict came out this week against the Beaumont Hospital in Royal Oak, Michigan.It was here that the woman had been admitted for delivery in 2006.According to the lawsuit, the hospital as well as the doctor in charge of the delivery was negligent in failing to perform a cesarean section on the woman.The baby, a 10 lbs. 12 oz. girl was instead pushed through the birth canal.As a result, the baby suffered a fractured clavicle and began hemorrhaging severely.The baby was ultimately left with severe brain injuries and in need of long-term care.

The hospital and the doctor have said that they will appeal the verdict.The hospital alleged that the child’s injuries were the result of a genetic condition, and not due to negligence by the doctor or the hospital.However, an eight-member jury has now found in favor of the woman, and has found the hospital negligent.

Published on: October 26, 2011

Trial Date Set for Pipeline Explosion Lawsuits

by Robert N. Katz, Esq.

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.