In The News

Published on: July 25, 2011

New Traffic Signal Implemented in Response to Increased Car Accidents

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.

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

by Robert N. Katz, Esq.

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.

Published on: July 5, 2011

Atlanta Construction Worker Killed in Fall Accident

by Robert N. Katz, Esq.

A construction worker was killed last week in a workplace accident at a high school site in Atlanta.The man had been working on an addition project at a school in south Atlanta, when he fell 20 feet from a hydraulic lift.

According to authorities, the entire accident was triggered when a piece of metal pipe fell from the ceiling of the addition, and crashed into the lift which was holding the worker.The impact caused the lift to jerk, and the worker fell about 20 feet below onto the pavement.He sustained serious injuries, and died.

According to news reports, the victim worked for a subcontractor on the project.The Occupational Safety and Health Administration has begun an investigation into the accident.In the meantime, the site has been temporarily shut down. See Worker Killed in Fall.

Published on: June 13, 2011

Children Narrowly Escape Injuries in Fulton County Truck Accident

by Robert N. Katz, Esq.

Several children barely escaped injuries when a work truck crashed into a swimming pool in Johns Creek, Fulton County this week.The accident occurred on Monday, when the work truck crashed through a fence surrounding the pool, and into the water.There were about 12 people in the water at the time, including children.At least one child escaped injuries when the truck flew right over his head and into the pool.According to witnesses at the scene, another child almost got sucked under the truck.

This accident proves to Atlanta car accident lawyers the crash risks involving motorists with chronic illnesses.However, the risks to drivers who suffer a medical condition at the wheel would soon be reduced if plans to develop a car that monitors human health come to fruition.

It is extremely fortunate that no one was injured in this accident.Police believe that the driver had a medical condition and blacked out at the wheel, causing him to lose control of his vehicle.It was most likely a diabetic coma that caused him to black out.The driver sustained minor injuries, and was taken to the hospital for treatment.No charges have been filed against him.

Published on: June 9, 2011

Fulton County City Imposes Dog Fee to Prevent Dog Bites, Injuries

by Robert N. Katz, Esq.

It’s not going to be the most popular measure in the city of College Park in Fulton County as far as dog lovers are concerned, but it could help monitor a number of aggressive breeds, reducing the incidence of bites involving these breeds.The City of College Park has imposed a new dog fee on owners of certain breeds of dogs. As an Atlanta personal injury attorney, I very much welcome the new fee. The is a high frequency of dog bites among certain breeds and city and county governments need to take action.

College Park Council member Ambrose Clay began pushing for the ordinance after reports of two dog bite incidents in his area over the last year.The ordinance will go into effect on the 1^st of July, when owners of certain breeds that the city has already decided are potentially dangerous, must pay an annual $25 fee.This fee must be paid even if the dog has never been involved in an attack or bite incident before.The breeds that are included in this ordinance include, not surprisingly,many breeds which are often involved in dog bite incidents in Atlanta.Several pit bull mixes including American pit bull terriers, Staffordshire bull terriers and American Staffordshire terriers are included in the list of dogs.Other breeds also include Dobermen, German Shepherds and Rottweilers.Besides owners of these breeds, owners of dogs that have been involved in a bite incident are also required to register their dog in the registry.

As expected, dog owners who own these breeds in College Park, have been upset.However, the College Park Council believes that this fee system will enable the city to track and monitor the movement of aggressive breeds, especially those that are involved in bite incidents. See, http://www.cbsatlanta.com/story/14842402/dog-owners-face-fee

Published on: June 8, 2011

Bus Accident Causes Deaths, Injuries; Underscores Need for More Safety Reforms

by Robert N. Katz, Esq.

A bus accident in Virginia that killed four people would not have occurred if the Federal Motor Carrier Safety Administration had put the bus company out of service for repeated violations.The agency failed to do so, allowing the bus company to operate for a few more days while it appealed. Just a few days later, the bus crashed on a Virginia highway, killing four people and injuring 53 passengers.This is an indication to Atlantaaccident attorneys that the federal agency needs to seriously reconsider its procedures that allow unsafe bus companies to operate.

The federal agency had planned to put the bus company, North Carolina-based Sky Express out of service for a series of repeated violations.What the Federal Motor Carrier Safety Administration should have done was to force the company to ground all its buses immediately.It failed to do so.Instead, the agency decided to give the company an extension to appeal.This decision proved fatal for at least four passengers on a Sky Express bus that crashed just a few days later.

The bus driver in that accident told investigators later that he had been driving in a fatigued state.Now, the federal agency is being criticized for its delay in pulling Sky Express off the road.Over the past few years, the Federal Motor Carrier Safety Administration has cited Sky Express for numerous safety violations, including allowing drivers to drive more than 10 hours without a break and speeding.

Published on: June 2, 2011

Bill to Prevent Tractor-Trailer Accidents Linked to Drug Use

by Robert N. Katz, Esq.

Atlanta truck accident lawyers have been aware for a while now that federal trucking safety laws governing drug and alcohol use by truck drivers have far too many loopholes that allow a truck driver with a drug use history, to slip through.The new bill would plug these loopholes, essentially weeding out drug users from the system. Truck accidents generally result in severe personal injuries and a wrongful death. When these accidents involve a truck driver who has been using drugs or alcohol, the outcome is not only tragic, but preventable.

The legislation, called the Safe Roads Act, has been introduced by US Senators Mark Pryor and John Boozman.The legislation would implement the recommendations made by the Government Accountability Office, advising the establishment of a driver test database.The database would contain information about positive drug test results from commercial truck and bus drivers from around the country.

The database can be used by trucking companies before they hire a prospective employee.Doctors, trucking companies and service agents would be required to furnish updated and accurate information about positive drug test results.With accurate, reliable and frequently updated information available, trucking companies would be able to make safe hiring decisions, thereby reducing the risk of trucking accidents involving one of their vehicles.

Published on: June 1, 2011

Record-Breaking Pregnancy Medical Malpractice Verdict Prompts Calls for Proper Prenatal Care

by Robert N. Katz, Esq.

Connecticut has just seen what’s being heralded as the largest medical malpractice verdict in state history, with the parents of 8-year-old Daniel D’Attilo being awarded $58 million on his behalf. As an Atlanta injury lawyer, I can tell you that although Georgia has seen substantial verdicts against doctors in these cases, I cannot recall a verdict of this size against a single physician. The damages stem from their obstetrician’s decision to delay their son’s delivery back in 2003. The young D’Attilo now suffers from cerebral palsy due to brain injuries sustained when the practitioner waited days after Cathy D’Attilo’s amniotic fluid dropped before performing a botched Caesarian section, claim attorneys for the family. Of the damages awarded, $8 million is designated to cover medical expenses, while the remainder was awarded to the family for pain and suffering.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury’s decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries from Defective Motorcycle Helmets

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.