In The News

Published on: December 11, 2023

Drowsy Driving Linked to 100,000 Car Accidents Every Year

Motorists driving while fatigued or sleepy cause as many as 100,000 car accidents every year. This November, the National Sleep Foundation is marking Drowsy Driving Prevention Week to raise awareness about the dangers of driving while sleepy.

The National Sleep Foundation commemorates the first week of November every year as Drowsy Driving Prevention Week to coincide with the end of daylight savings time. The National Sleep Foundation estimates that as many as 100,000 car accidents every year are caused by drivers who are too sleepy or fatigued to drive. According to the National Sleep Foundation, more than half of all American motorists admit to regularly or consistently driving while sleepy. About 20% of American drivers admit to having operated a motor vehicle while sleepy at least once in the past year. Clearly, there are far too many people who feel comfortable driving a car when they are simply too tired or sleepy to do so.

Some categories of motorists may be at a greater risk of drowsy driving than others. For example, motorists between the age of 16 and 25 are at a higher risk of driving while sleepy. Male motorists may also be much more likely to find nothing wrong while driving in a sleepy condition compared to female drivers. Shift workers and commercial drivers like long haul truck drivers may also be at higher risk of not getting enough sleep resulting in drowsy driving. Apart from these business travelers as well as persons suffering from medical conditions like sleep apnea are also at a higher risk. Apnea is a sleep condition that causes a person to suffer from respiratory interruptions during sleep at night which causes the person to be fatigued and sleepy in the daytime. Sometimes, drowsy driving is the result of taking medications like anti -depressants and antihistamines that may have sleepiness as a side effect.

Published on: November 27, 2023

How to Prevent Slip and Fall Accident Injuries in Winter

by Robert N. Katz, Esq.

Winter is coming, and with it comes the risk of slip and fall accidents that can result in serious personal injuries. Doctors are warning pedestrians, especially the elderly, to be extra cautious while walking during the season.

Atlanta sees more than its share of snowy, wet and icy conditions during winter, and these can provide ideal conditions for a slip and fall accident. Sidewalks and paths can be covered with black ice that may be invisible, but treacherous enough to cause a fall.

What is the best thing you could do to prevent a slip and fall accident this winter? The answer is surprisingly – walk like a penguin. Slip and fall safety experts say that walking with short, slow steps is the ideal walking pace to prevent a slip and fall accident this winter. Use heavy, weighted steps and be aware of your surroundings at all times. Avoid walking fast even if the path ahead seems safe and free of ice. Avoid taking long strides that can make it hard for you to prevent a fall.

Published on: November 24, 2023

Drowsy Driving Linked to 100,000 Car Accidents Every Year

by Robert N. Katz, Esq.

Motorists driving while fatigued or sleepy cause as many as 100,000 car accidents every year. This November, the National Sleep Foundation is marking Drowsy Driving Prevention Week to raise awareness about the dangers of driving while sleepy.

The National Sleep Foundation commemorates the first week of November every year as Drowsy Driving Prevention Week to coincide with the end of daylight savings time. The National Sleep Foundation estimates that as many as 100,000 car accidents every year are caused by drivers who are too sleepy or fatigued to drive. According to the National Sleep Foundation, more than half of all American motorists admit to regularly or consistently driving while sleepy. About 20% of American drivers admit to having operated a motor vehicle while sleepy at least once in the past year. Clearly, there are far too many people who feel comfortable driving a car when they are simply too tired or sleepy to do so.

Some categories of motorists may be at a greater risk of drowsy driving than others. For example, motorists between the age of 16 and 25 are at a higher risk of driving while sleepy. Male motorists may also be much more likely to find nothing wrong while driving in a sleepy condition compared to female drivers. Shift workers and commercial drivers like long haul truck drivers may also be at higher risk of not getting enough sleep resulting in drowsy driving. Apart from these business travelers as well as persons suffering from medical conditions like sleep apnea are also at a higher risk. Apnea is a sleep condition that causes a person to suffer from respiratory interruptions during sleep at night which causes the person to be fatigued and sleepy in the daytime. Sometimes, drowsy driving is the result of taking medications like anti -depressants and antihistamines that may have sleepiness as a side effect.

Published on: October 6, 2023

Legalization of Marijuana Linked to Increased Risk of Auto Accident Personal Injuries

by Robert N. Katz, Esq.

Georgia continues to criminalize the use and possession of marijuana for recreational use. While there is a very narrow exception for use of marijuana for medical purposes, the statute is not nearly has broad as found in many other states. Accordingly, marijuana is not as readily available in Georgia compared to other states that have fully legalized marijuana for all purposes or fully legalized marijuana to medical use. As the findings of a new study shows, this may be for the good since legalization of marijuana is linked to an increase in the number of auto accident personal injuries.

The information comes from a new study that was conducted in Canada. In 2018, Canada became the second country in the world to legalize the sale of marijuana for recreational purposes. According to the study, that decision has resulted in a significant increase in the number of auto accident injuries that are serious enough to lead to a visit to the emergency room.

The study is quick to affirm that marijuana – related emergency room visits after car accidents are still uncommon, but the percentage of such auto accidents has been skyrocketing since the 2018 legalization of marijuana. According to the study, there has been a 475% increase in car accident personal injuries linked to marijuana use, with the increase being even sharper following the 2018 legalization of marijuana. On the other hand, there has not been a similar increase in the number of alcohol – related car accident personal injuries resulting in emergency room visits during the same period of time.

Published on: September 15, 2023

Feds Propose Seatbelt Warning System for Rear Seat Passengers

by Robert N. Katz, Esq.

The federal administration is proposing a new seatbelt warning system that would apply to occupants of the back seat as well as the front seat passenger. It is a move that could significantly help reduce the number of people killed in car accidents on America’s roads every year. It is important to keep in mind that persons in the rear seats are injured in car accidents, especially in rear-end accidents and T-bone accidents.

In 2021, according to the National Highway Traffic Safety Administration Acting Administrator, approximately 43,000 people were killed in car accidents and approximately 50% of them were not wearing seatbelts at the time of the auto accident. Their chances of surviving the crash could have significantly improved had they been buckled in. Unfortunately, the current law only requires seat belt reminder systems for drivers, but has no such requirements for front seat passengers as well as occupants of the rear seat of the car. These people are also at a very high risk of suffering fatal injuries in the event of an auto accident.

The National Highway Traffic Safety Administration recently issued a Proposed Rule which requires motor vehicles weighing up to 10,000 pounds to have seatbelt reminder systems for all passengers in the car, including front seat and backseat passengers. The requirement would require a visual alert that would go on for approximately 60 seconds and would alert the driver to the status of rear seatbelt usage. It would also require an audible alert that would alert the driver when a backseat passenger removes the seat belt while the vehicle is in operation. The rule would also require an audio visual alert system for the right front seat passenger to buckle his seatbelt. Auto manufacturers would have the flexibility to decide how frequently and how loud the audible reminder system should be.

Published on: September 11, 2023

Texting Ban Leads to Drop in Georgia Car Accident Rates

by Robert N. Katz, Esq.

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.

Published on: August 4, 2023

Compliance -Based Interlock Laws Help Prevent Drunk Driving Auto Accidents

by Robert N. Katz, Esq.

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.

Published on: August 1, 2023

Brain Injury Caused by Car Accidents Could Result in Unique Form of Depression

by Robert N. Katz, Esq.

Researchers have known for a while that a brain injury can result in depression, but the kind of depression that a traumatic brain injury causes is different from other forms of depression. Traumatic brain injuries often arise out of car accidents, motorcycle accidents, trucking accidents, or any other event that causes a significant impact to the head.

A new study finds that the kind of depression that results after a brain injury may be different from regular depression with some unique symptoms. In fact, the researchers believe that brain injury -related depression could possibly be its own distinct condition. These are important findings because they shed new light on the kind of consequences that a brain injury patient can suffer.

For years now, researchers have known that depression can set in after a person has suffered a brain injury, but there have been questions about whether the depression is a result of the injury itself or because of the trauma related to the car accident or incident that caused the personal injury. The general consensus, however, is that the depression is caused by the personal injury.

Published on: July 16, 2023

Increasing Senior Motorist Population in America and Safety Concerns

by Robert N. Katz, Esq.

Recent census data shows that America’s population is steadily getting older and the median age of the country is now at a record high. Over the next couple of decades, we can expect a significant increase in the number of senior drivers on our streets, demanding a closer look at the safety implications involved, including the increase risk of personal injuries from car accidents.

The US Census Bureau recently released estimates of the country’s population and these showed that the nation’s median age increased to 38.9 years between 2021 and 2022. That is a record high and is due to a steady decline in birth rates in the United States. The data shows that no state recorded a drop in median age during this time.

For anyone concerned about roadway safety in the country, these numbers merit interest. The data clearly indicates that there will be a significant increase in the population of senior drivers on our roads in the near future. There is no data to show that senior drivers are automatically more dangerous drivers than others. In fact, they have lower auto accident rates than many groups of drivers, including teenage drivers.

Published on: June 1, 2023

These Three Dog Breeds are Banned by Insurers for Their Bite Risks

by Robert N. Katz, Esq.

Summer is when there is typically an uptick in the number of dog bites and attacks reported across Georgia and the rest of the country. Did you know that there are three dog breeds that most home insurance companies simply refuse to include in their dog bite liability coverage?

Many insurance companies have breed lists that include breeds of dogs that the company will not cover if the customer has the specified breed of dog in their home. Most insurance companies, for instance, refuse to include Doberman Pinschers, Rottweilers and pit bulls in their liability coverage. That means that if you are a homeowner who owns one of these breeds, you are likely to find yourself in serious financial trouble if your dog attacks another person and that person brings a dog bite claim for damages against you.

While some insurance companies have such breed lists, others may consider whether they will provide coverage for these dogs on a case -by – case basis. For instance, many insurance companies refuse to extend coverage when a homeowner has a dog that has been tagged as a “vicious dog” on the premises. A “vicious dog” is one that has been involved in an attack or a bite involving injuries or damage.