In The News

Published on: December 29, 2009

Sandy Springs Bicyclist Seriously Injured in Accident

A bicycle accident in Sandy Springs over the Christmas weekend left a 50-year-old bicyclist seriously injured. According to police, the man was cycling when a car crossed right in front of him at an intersection. The cyclist had no way of avoiding the car. The impact threw him off the bicycle and on the road.He suffered head injuries, and was rushed to the hospital. The motorist has been charged with failure to yield.

As Atlanta bicycle accident lawyers, we have been concerned at what seems like the slow erasing of bicyclist safety from our surface transportation polices. Last month, Georgia Governor Sonny Perdue announced $65.8 million in transportation projects funded by federal stimulus dollars. Just two bicycle-friendly projects have been earmarked for funds.One is a multi use trail in Fulton County at a cost of $165,000, and the other is a Rails to Trails project in Warm Springs at a cost of $587,000.

On the other hand, there is some reason to cheer.The Federal Highway Administration has released its latest edition of national standards for traffic signs and signals, called the Manual of Uniform Traffic Control Devices (MUTCD).This edition includes specific instructions for the marking of sharrows, or share lane markings. These sharrows are typically marked on a road where there is no space for a bike lane, or when the bike lane is too close to parked automobiles, placing bicyclists in danger of being struck by opening car doors. Sharrows allow bicyclists to maintain safe routes, and also encourage motorists to share the roads with cyclists. Atlanta has plenty of narrow roads that may not allow for a separate bike lane, and we definitely need more sharrows.

Published on: October 21, 2009

Motorcycle Crash Study Announced by FHA

by Robert N. Katz, Esq.

The Federal Highway Administration has announced the launch of a new study to probe causes of motorcycle accidents, and to help develop procedures and strategies that can prevent or minimize these accidents.

The study will be conducted at the Oklahoma State University’s Transportation Center, and will be the first one in decades. The last such study was conducted in 1981, and resulted in the release of the Hurt Report. The report led to the identification of several causes of motorcycle accidents, and contributed to the development of strategies to minimize or prevent these crashes. However, the findings of the Hurt Report and any effects they may have had on motorcycle safety, have begun to lose their relevance in the nearly 30 years since the report was released. This can be seen in the steady increase in the rates of motorcycle accident fatalities, not just in Georgia, but across the country.

According to the Federal Highway Administration, motorcycle riders continue to remain some of the most highly at-risk groups on our roads. In 2008, approximately 5,300 motorcyclists were killed nationwide in these accidents, which is about 14 percent of all traffic accident fatalities that year. An estimated 177 of those fatalities occurred in Georgia. This was even as accident fatality rates in other groups, like automobile accidents and pedestrian accidents, showed a marked downward trend. According to the Department of Transportation’s Fatality Analysis Reporting System, motorcyclist fatalities increased by 150 percent between 1997 and 2008.

Published on: October 14, 2009

Big Rig Crackdown in Chatham County Reveals Maintenance Issues

by Robert N. Katz, Esq.

Big Rig Crackdown in Chatham County, Georgia Reveals Maintenance Issues

A new task force in Garden City, Chatham County is cracking down on truckers to keep unsafe big rigs off the roads and prevent accidents. The first few days of the crackdown have already revealed severe maintenance issues that could place tractor trailer drivers at possible risk of an accident.

Members of the task force know that while a tractor trailer may look like it’s in perfect condition, there may be several maintenance issues that can place the vehicle at risk of an accident. The task force is already seeing some major maintenance problems on some of the trucks that have been pulled over. For instance, they have found trucks with a variety of maintenance issues, including malfunctioning lights, loose straps securing cargo, nearly bald tires with little tread and a host of other issues.

Published on: October 13, 2009

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Accident

by Robert N. Katz, Esq.

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph. The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.

Published on: September 29, 2009

Former Trucking Lobbyist Nominated for FMCSA Chief

by Robert N. Katz, Esq.

Senate confirmation hearings for President Obama’s nominee for head of the Federal Motor Carrier Safety Administration, are going on.The choice of Anne Ferro to head the agency at a time when truck safety is topmost on all minds has become a prickly issue.

Much of the discontent over Ferro’s nomination is over her past as a trucking industry lobbyist in Maryland. Between 1997 and 2003, Ferro served as president and CEO of the Maryland Motor Truck Association, and for the past six years, has been registered as a lobbyist for state legislators.

She had nothing to do with federal lobbying, but even so, as Atlanta truck accident lawyers, we are definitely concerned about her opinions on trucking safety. In 2008, the Bush Administration passed a regulation allowing an increase in the number of consecutive hours that a trucker could drive to 11 hours. As Georgia truck accident lawyers, we had strongly opposed any such increase in the number of hours truckers could drive at a stretch. Driving long hours contributes to driver fatigue, which is one of the major causes of truck accidents in Georgia. However, Ferro, in a letter to the Baltimore Sun, supported the rule, saying that it would prevent accidents and save lives. Having a former trucking industry lobbyist, who one safety group calls an "apologist for the trucking industry,” as the head of the FMCSA could raise questions about conflict of interest.

Published on: September 15, 2009

Another Gwinnett County Police Officer Involved in Car Accident

by Robert N. Katz, Esq.

Last week, we reported on a Gwinnett County police officer who resigned after his involvement in a drunk driving accident. In a similar crash, another off-duty Gwinnett County cop caused a multi vehicle accident in DeKalb on Saturday.

The accident which occurred early Saturday morning involved a Ford Explorer, a Mazda and a Chevrolet van. The three vehicles were stopped at a signal light when off-duty officer Kevin Sipple struck the Ford truck. The impact sent the Ford spinning, hitting the two other vehicles. Sipple and the Ford driver suffered non-life threatening injuries, and were taken to the hospital.

Police say the accident could have been the result of a “medical issue,” but they have not disclosed the nature of the condition.

Published on: September 11, 2009

Gwinnett County Police Officer Arrested after Drunk Driving Accident

by Robert N. Katz, Esq.

Gwinnett County Police Officer Arrested after Drunk Driving Accident

You would expect a law enforcement officer, who sees the devastation caused by drunk driving accidents everyday, to have a better appreciation for the consequences of these. Not always, it appears. A police officer in Gwinnett County has been arrested for driving under the influence after he caused a minor accident.

The officer James Stoudenmire, was driving a Mustang that rear ended another car stopped at a red light. The passenger in the other vehicle suffered a leg injury. Officers, who responded at the scene, noticed the strong smell of alcohol, and administered a field sobriety test. Stoudenmire was reported "unsteady” during the test. He also confessed that he had consumed four alcoholic drinks. He was charged with DUI and following too closely. Stoudenmire has been placed on administrative leave.

Published on: September 10, 2009

Man Killed in Cobb County Motorcycle Accident

by Robert N. Katz, Esq.

Man Killed in Cobb County Motorcycle Accident

A Smyrna resident has been killed in a motorcycle accident involving another biker in Cobb County.

According to the Atlanta Journal Constitution, the victim Anthony Tyrone Anderson was riding his motorbike behind another motorcyclist, Ronald Bagley. Bagley signaled that he was making a left turn, but when he began turning, Anderson’s motorcycle crashed into his bike. Anderson’s motorcycle was thrown across the road into several utility poles. He suffered fatal injuries.

Published on: August 19, 2009

Elderly Lexington Couple Mauled to Death in Dog Attack

by Robert N. Katz, Esq.

Elderly Lexington Couple Mauled to Death in Dog Attack

Mystery still surrounds the death of a retired professor and his wife, apparently from a vicious dog attack.

On Saturday, the mutilated bodies of retired UGA professor 77-year-old Luther Karl Schweder, and his wife 65-year-old Sherry were found near their home in Lexington. Preliminary autopsies showed that Sherry had died from dog bite injuries. Her husband’s autopsy results are not yet available. But it’s very likely that Luther Schweder also died from injuries in the dog attack.

Published on: August 17, 2009

Covington Driver Released after Fatal Pedestrian Accident

by Robert N. Katz, Esq.

Covington Driver Released after Fatal Pedestrian Accident

Even as the family of 6-year-old Suk Maya Monger was holding a memorial service for the refugee girl who was struck and killed in a pedestrian accident, the motorist who struck her has been released from the DeKalb County Jail.

Suk Maya was killed last week. She and her mother had just got off a MARTA bus, and had walked round in front of the bus to cross the street. As they stepped into an open lane, motorist Gregory Armwood stuck the mother and daughter pair. According to police, he had just passed a stopped car and a MARTA bus. Suk Maya suffered serious head and internal injuries. She died on Wednesday. That day, tragically enough, was to have been her first day at a local Atlanta elementary school.