Wrongful Death

Published on: February 19, 2011

Infant Killed in Atlanta Truck Accident

A six-month-old infant, who had sustained critical injuries in a Cobb County, Georgia truck accident, has succumbed to his injuries. Cobb County police have charged the truck driver involved in the truck accident. Any injury and death in a truck accident is sad, but that is especially true when such a young life is lost.

The accident occurred over the weekend, when tractor trailer driver Henry Lipps crashed his rig into the rear of a car. In the car were a couple and their six-month-old baby, strapped into his car seat. Both parents were injured, and taken to the Atlanta Medical Center. The baby suffered critical injuries, and was taken to Scottish Rite Hospital. He succumbed to his injuries earlier this week

Investigators believe that the tractor-trailer driver failed to brake, and crashed into three separate vehicles, including the GMC Arcadia, Toyota Highlander and a Buick LeSabre at the Windy Hill Road exit. The driver of the LeSabre and his passenger also suffered visible injuries, and were rushed to Grady Memorial Hospital.

Published on: February 10, 2011

Man in Fatal Atlanta Auto Accident to Serve 10 Years in Prison

by Robert N. Katz, Esq.

The motorist, who was convicted of DUI (driving under the influence) and causing a wrong way driving auto accident that killed a woman on an Atlanta highway, will spend 10 years in prison. The motorist Theus Monroe was driving the wrong way on Interstate 85 in December 2009, when his vehicle crashed head-on into another vehicle. In that vehicle was Jazmine Zachary, who sustained fatal injuries in the crash. She was 25 years old at the time of her wrongful death.An investigation later revealed that Monroe was not only driving under the influence of alcohol, but was also high on drugs at the time of the car accident.

A Fulton County judge this week sentenced Monroe to a maximum sentence of 17 years in prison. However, Monroe will only serve 10 years, and have an additional year of drug rehabilitation. The sentence was a bit of a disappointment for the victim’s family who wanted that Monroe be ordered to serve the entire 17 years.

Atlanta car accident attorneys often see that intoxicated driving is the main factor in accidents caused by motorists driving the wrong way. These are typically fatal accidents, or high-impact auto accidents that end with serious injuries. Drivers, who are in the path of a motorist traveling the wrong way, don’t expect to see a driver headed in their direction, which takes them by surprise, leaving them with no time to avoid the wrong way driver. The potential for severe injuries and fatalities also increases because these are typically high-speed, full impact, head-on crashes. Wrong way driving accidents are also sometimes linked to drowsiness, when motorists miss a sign or signal because they are dozing off at the wheel.

Published on: February 2, 2011

Cobb County Bus Driver Charged after Pedestrian Accident

by Robert N. Katz, Esq.

The driver of a Cobb CountyTransit bus, which was involved in a serious pedestrian accident last week that left a pedestrian with an amputated leg, has now been charged. Atlanta police have charged the driver, Jean Lewis with failure to yield to a pedestrian on a crosswalk and failure to exercise due care. Of course, pedestrian accidents are more often involve the most serious injuries.

Lewis was driving a Cobb County transit bus when it struck a 54-year-old pedestrian. The bus struck the woman as it was turning left at a light. According to witnesses, the woman apparently saw the bus pulling out of the Hamilton Holmes Marta Station, and tried to walk faster, but she was struck by the rear of the bus, and fell to the ground. She suffered a severe leg and a broken ankle. According to Cobb County Representatives, the driver will be removed from service, pending completion of the investigation.

This pedestrian accident comes as the National Highway Traffic Safety Administration reports on an increase in pedestrian wrongful deaths around the country. The increase is minimal, just .4%, but it comes after four continuous years of declining pedestrian accident deaths.

Published on: February 1, 2011

Georgia Ranks above National Average for Auto Accident Wrongful Deaths

by Robert N. Katz, Esq.

The state of Georgia ranks at number 32 in a USA Today compilation of states based on auto accident death rate per 100,000 population. In 2009, 1,284 people died in car accidents in Georgia, and the state had a death rate per 100,000 population of 13.1. That is much above the national average of 11 per 100,000 population. Of course, a significant number of deaths generally occur in urban areas such as Atlanta, Georgia.

Georgia and other states like Alabama, Louisiana, Mississippi and Delaware with strong rural neighborhoods seem to have high death rates in car accidents. The reason for this, according to the USA Today report, could be the fact that many of the states with significant numbers of wrongful deaths due to car accidents have large rural communities.

Most of the traffic in rural communities plies on two-lane roads. These roads typically tend to be poorly designed, and lack the safety enhancements and engineering that make urban roads safer. It’s no coincidence that the states that have featured at the top of the list (ie: least deaths), like Washington DC and Massachusetts have more urban roads.

Published on: January 27, 2011

Slight Decrease in Pedestrian Accident Deaths in Atlanta and throughout Georgia

by Robert N. Katz, Esq.

There was a slight drop in the number of pedestrians deaths in auto accidents in Georgia in the first half of 2010. Last year, we had 77 pedestrian deaths in the first six months in auto accidents, compared to 78 pedestrian deaths in 2009. That is a very tiny decrease, but it is still better than the overall national picture, which actually shows an increase in pedestrian deaths in 2010.

Across the country, there was a .4% increase in pedestrian accident fatalities in the first six months of 2010. That increase came after several half-yearly estimates that showed a decline in pedestrian accident deaths over the past four years. The feds are at a loss to explain this increase. . An increase of .4% may not seem like much, but for any Atlanta pedestrian accident lawyer, any sudden spike like this should sound alarm bells.

One of the theories that are being thrown about for this increase in pedestrian accident fatalities, is simply more numbers of people taking to the streets. First Lady Michelle Obama has a nationwide anti-obesity campaign in full swing, and part of that includes Americans getting out of their cars and walking to work. Besides, the National Highway Traffic Safety Administration is pointing to an increasing number of pedestrians plugged to their music systems, smart phones and other gadgets while walking. A distracted pedestrian is at a much higher risk of being injured in an accident.

Published on: January 26, 2011

NSC Statistics Show Decline in Georgia Auto Accident Fatalities

by Robert N. Katz, Esq.

New figures from the National Safety Council show that auto accident deaths in Georgia declined during the first 11 months of 2010. According to the report, there were 1,121 auto accident deaths between January and November 2010, down from 1,165 during the same period time in 2009, and 1,323 deaths during the same period of time in 2008. Overall, statistics for Georgia show a 15% decline in the number of attacks between January-November 2008 and January-November 2010.

Georgia statistics mirrored a nationwide trend. Overall, motor vehicle accidents across the country declined by approximately 4% in the first 11 months of 2010. As of November 2010, there were 31,740 accident fatalities.

This year, the National Safety Council adopted the concept of “medically consulted injuries” to define the injury impact of these accidents. According to the National Safety Council, a medically consulted injury is any injury that is deemed serious enough to require the attention of a medical professional. Between January and November 2010, there were 3, 100,000 medically consulted injuries arising from auto accidents. Further, auto accidents in 2010 lead to total costs of $216.5 billion. These include medical expenses, employer costs, lost hours and lost productivity.

Published on: December 4, 2010

ENA Scorecard Shows Georgia Could Do Better at Preventing Accident Deaths

by Robert N. Katz, Esq.

Preventing deaths from auto accidents, truck accidents, motorcycle accidents and bicycle accidents needs to be a top priority in Atlanta and throughout Georgia. A report by the Emergency Nurses Association, which rates states based on how they fare on 14 established criteria, shows that Georgia performs quite well on the parameters, but still has work to do.

The report by the ENA compares all 50 states, and rates them based on how they perform against the following criteria:

1. The existence of primary enforcement seat belt laws

Published on: November 24, 2010

Motorcyclist Killed in Cobb County Accident

by Robert N. Katz, Esq.

Cobb County police are on the lookout for a pickup truck driver whom they believe was responsible for a fatal motorcycle accident this week. According to police, the 60-year-old victim was riding his motorcycle, when he was cut off by the driver of a Ford F-150 truck. In order to avoid the accident, the victim was forced to go over the curb and across the sidewalk. The motorcycle struck a pillar on the sidewalk, and the victim sustained serious injuries. He was taken to the hospital, but succumbed to his injuries later.

Cobb County Police are on the lookout for the driver of the pickup truck. They say it is either a gray or black colored truck.

Unfortunately, most motorcycle crashes that Atlanta motorcycle accident lawyers come across seem to follow similar patterns. These accidents are caused not because motorcycles were speeding or driving rashly, but because the motorcyclists were not yielded to or were cutoff.

Published on: November 5, 2010

Carrollton Wrongful Death Accident Trial Scheduled for February

by Robert N. Katz, Esq.

The trial of a Carrollton man, who allegedly caused a fatalauto accident that killed a 16-year-old pedestrian, has been scheduled for February 7.

In October, John David Hickman was indicted in the wrongful death of 16-year-old Lawrence Ray Harrison.In June, Harrison and his friend, Thomas David Smallwood were pedestrians on the street when they were struck by an auto being driven by Hickman.Harrison received the brunt of the impact from the accident, while Smallwood was struck by the car’s rear view mirror.Harrison died of his injuries soon after.

Hickman allegedly fled the scene of the accident, but returned to the accident scene soon after.According to troopers who reported to the scene of the accident, he admitted that he had prescriptions for muscle relaxants and sleeping pills, but he denied driving under the influence of medications.

Published on: November 4, 2010

Is “Zero Accident Deaths” an Attainable Goal?

by Robert N. Katz, Esq.

As Atlanta car accident attorneys, we have been very pleased at the fact that there has been a decline in the number of fatalities caused by auto accidents every year, over the past few years.The year 2009 saw the numbers of such auto accident fatalities drop to their lowest levels in decades, with over 33,000 deaths.The federal administration has, in the past, discussed a nationwide initiative to focus on getting those highway accident deaths to zero.The Federal Highway Administration is finally embarking on this ambitious initiative, and has announced its decision to launch an effort called, quite simply, Towards Zero Deaths: A National Strategy on Highway Safety.

The goal aims to create a nationwide strategic highway safety plan that can be implemented with the aim of minimizing highway accident fatalities to the maximum.Last year, a workshop in our very own Savanna, Georgia had safety participants from around the country discussing ways to develop and implement such a plan.More than 70 agencies took part in that workshop, and the discussion was so fruitful, that the Federal Highway Administration has now decided to launch this nationwide effort.

So, what will a program like this include?The plan is to slowly bring about changes to American safety culture by focusing on stronger leadership and community participation.The program aims to include better highway safety through engineering (better construction design and maintenance) enforcement of laws, education of motorists, motorcyclists and pedestrians, stronger emergency medical services to prevent deaths after an accident, stronger public health initiatives, enhanced communication services and other measures.The ultimate goal is to save lives every time there is an accident.