Wrongful Death

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

In effect in Washington as of July 22 of this year, “Hailey’s Law” mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.

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: September 12, 2011

US Could Learn Lessons in Preventing Car Accidents from Other Countries

by Robert N. Katz, Esq.

The United States lags behind several other countries, including those in Europe and Asia in reducing the number of auto accident relatedwrongful deaths. According to the Insurance Institute for Highway Safety, this country could be doing a much better job of saving more lives and reducing the number of personal injuries in accidents every year.

It may seem like there’s been much progress in reducing accident numbers in the United States.After all, auto accident wrongful death numbers in this country have been on the decline over the past decade, and last year, were at their lowest levels since record keeping began.With statistics like this, it’s easy for Atlanta car accident lawyers and motorists to become complacent, and believe that American drivers are much safer than anywhere else.

That’s not true at all.A look at the safety records and accident prevention efforts in other countries indicates just how much more progress the U.S. needs to make.

Published on: August 23, 2011

OSHA Cites Jackson Contractor in Fatal Trench Collapse: Workers’ Compensation Fails to Properly Compensate Family

by Robert N. Katz, Esq.

A Jackson-based contractor has been citedby the Occupational Safety and Health and Administration for several safety violations that led to a trench collapse in Cumming early this year which resulted in the wrongful death of a worker. Unfortunately, under the workers’ compensation act, the workers’ family is extremely limited in what it can recover due to this on-the-job accident. Despite efforts by workers’ compensation lawyers for years to improve the benefits for families of workers killed on-the-job, the workers’ compensation laws have simply not improved.

The company, 2-Brothers Enterprises Inc was cited for several willful and serious violations related to the trench collapse.The collapse occurred in February at a worksite in Cumming.In the trench was a twenty-year-old worker who was trapped by the falling soil.Emergency crews managed to extricate the worker, but he died from his injuries.

The Occupational Safety and Health Administration began an inspection after it found out about the cave-in.When OSHA inspectors arrived at the scene, they found that the trench had been excavated to install a sewer line.The trench was approximately 40 foot long and 9 feet deep.However, there were no safeguards in place for protecting workers inside the trench.The trench walls were vertical, and unstable.Large amounts of soil and dirt had simply been stacked on the edges of the trench.In fact, the collapse had been triggered by these mounds of dirt falling into the trench.

Published on: July 6, 2011

Inaccurate Federal Estimates of Bus Accident Data Indicate Higher Numbers of Wrongful Deaths

by Robert N. Katz, Esq.

An investigation by USA Today indicates that the National Highway Traffic Safety Administration may have provided inaccurate information about bus accident fatality data between 1995 and 2009.This could have caused a misconception that buses on our highways are safer, and that fewer people are dying in bus accidents.Personal injury lawyers handling bus accidents know that is not true at all.

The USA Today Investigation focused on bus accident deaths between 1995 and 2009, and found more than a few accident fatalities that went missing from the federal data.The investigation found that overall, at least 42 deaths went missing from the official federal data.The investigation also found that since 2003, at least 32 bus accident deaths were not included in the final federal data.

In addition, there were 42 fatalities that occurred on midsize buses which were not accounted in the federal data either, because these buses are not included in the National Highway Traffic Safety Administration’s definition of a motor coach.

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 10, 2011

Motorcycle Accident Causes the Death of a Police Officer

by Robert N. Katz, Esq.

An off-duty police sergeant in Centreville, Houston County, Georgia was killed in a motorcycle accident last week.According to news reports, the 45-year-old Police Sgt. was riding his motorcycle when he collided with a car at an intersection.He was seriously injured, and died of his injuries. As an Atlanta motorcycle accident lawyer, I see the dangers motorcycle riders face every day. Unfortunately, too many drivers just fail to keep a close eye out for motorcycles.

Motorcyclists in Georgia are at a greater risk of collisions with motorists this summer, when more numbers of drivers and motorcyclists can be expected to share the road.Not only are motorcyclists dealing with a large population of adult drivers on their way to holidays distracted by their families and their holiday plans, but they are also sharing the highways with larger numbers of teen drivers.

Summer is when the total number of teenage drivers on the road is higher, and the months of June, July and August see 40% more driving by those teen motorists.These are inexperienced drivers, who may fail to practice basic motorcycle safety behaviors, like looking out for motorcyclists at intersections.This accident illustrates how necessary it is for motorists to be extra cautious when approaching an intersection, and look out for motorcycles.Many young and teen drivers tend to think of summer as a long, extended weekend, and fail to prioritize traffic safety rules.

Published on: June 5, 2011

18 Car Accident Deaths on Georgia Streets over Holiday Weekend

by Robert N. Katz, Esq.

Georgia police are reporting an increase in auto accident deaths over the Memorial Day holiday weekend.This year, a total of 18 people were killed in car accidents and motorcycle accidents over the holiday weekend, an increase from five deaths in 2010. Of course, there were many more persons injured this past holiday weekend. As an Atlanta personal injury lawyer, I always note a significant increase in accidents over every holiday.

According to the Georgia Department of Public Safety, most of those deaths occurred on Atlanta streets.Out of the 18 deaths, 11 occurred in Atlanta.At least some of those accidents also involved motorcycle deaths and pedestrian accidents resulting in deaths.In Atlanta, a student at Georgia Tech was killed in a motorcycle accident when his motorcycle was struck by a drunk driver.Another motorcycle accident was recorded in Lilburn over the weekend.

Heavy traffic and motorists rushing to get to their destination during the holiday were responsible for many of the fatalities.In one accident, a 19-year-old motorist escaped injuries when his car flipped over.As he was standing outside the car checking out the damage, he was struck by a passing vehicle.He died at the scene.

Published on: June 3, 2011

Even Healthy Senior Motorists at Risk of Driving Errors That Cause Accidents

by Robert N. Katz, Esq.

As Atlanta car accident lawyers, we know that older motorists face specific driving challenges that may increase their chances of being involved in a serious auto accident and suffering serious injuries.However, a new study shows that the older the driver, the higher the risk of making a critical driving error that could end in an accident. The study is something that older drivers and their families in Atlanta and throughout Georgia should consider as they make decisions together about when to stop driving.

The study conducted by researchers at Australian National University, studied 266 volunteers aged between 70 and 88.The volunteers were required to take a driving test, with a driving instructor and an occupational therapist in the vehicle.

17% of the drivers in the study made critical driving mistakes, like veering or failing to check in their blind spots.The risk of making critical driving errors increased with age.For instance, drivers between the age of 70 and 74 made an average of one driving error.Drivers between the age of 85 and 89 however made an average of four critical driving errors.Additionally, those drivers who had been involved in an accident over the past five years were also much more likely to make driving errors.