Wrongful Death

Published on: July 9, 2009

Motorcycle Accident in Murray County Kills Two

Two people from Dalton, Georgia were killed in an accident when a pickup truck sideswiped their motorcycle.

According to the Atlanta Journal Constitution, the crash occurred on highway 225 south in Murray County.Apparently, a Ford Ranger crossed the centerline for unknown reasons, and struck the motorcycle. The two riders, 39-year-old Ty Woods and 29-year-old April Lynthlin were ejected from the motorcycle, and sustained fatal injuries. According to reports, Lynthlin was in an advanced state of pregnancy. The State Patrol’s Specialized Collision Reconstruction Team has initiated an investigation.

This tragic accident coincides with the release of the National Highway Traffic Safety Administration’s report on traffic fatalities for 2008. The numbers for last year have been very encouraging all round, except in one category- motorcycle accident fatalities. For the 11^th year running, motorcycle accident-related deaths have shown a sharp rise. In fact, deaths in motorcycle accidents now comprise 14 percent of the highway fatality rate in the country. These rates have risen even as there has been an overall drop in the number of automobiles on the highways, because of the recession and the hike in gas prices that we saw last summer. While the number of automobiles traveling our roads has dropped, collisions involving motorcycles have increased.

Published on: July 6, 2009

More Accident Fatalities Result from Highway Defects Than Speeding, Alcohol

by Robert N. Katz, Esq.

A report by a transportation development advocacy group says that the country could save more than $200 billion from automobile accidents if it invests in better highway design, maintenance and repairs.

The Washington Post has this interesting report about how road-related conditions are responsible for more than half of the 42,000 accident-related deaths that occur each year. Contrary to popular perception, it’s poorly positioned utility poles, steep curves, road obstructions and other hazards that contribute to the most number of accident-related deaths in the country- not drunk driving, speeding or failure to wear seatbelts.

Consider this:

Published on: July 3, 2009

Four Dead in Lowndes County Car- Truck Accident

by Robert N. Katz, Esq.

News coming in has confirmed a deadly truck accident this morning in Valdosta in Lowndes County. Apparently, four people have died in the accident that involved a car and a rental truck on I-75. The crash happened early this morning at about 2:30.

It’s a tragic start to the four-day long Georgia Highway Patrol crackdown that will last over the Fourth of July weekend. The crackdown begins at 6 pm today. Georgia Highway Patrol is expecting that there will be 22 fatalities in accidents over the weekend, which will end on July fifth. Law enforcement officers are gearing up for special anti drunk driving and speeding crackdowns to keep drunk drivers and dangerous speeders off the road. This will include special checkpoints around the state and additional patrolling.

The Fourth of July holiday sees the largest number of accident-related fatalities for a single day each year, and Georgia Highway Patrol, in spite of the crackdown, will be expecting no different this year. With the holiday traveling set to begin in full earnest on Thursday evening, Georgia car accident lawyers would encourage motorists to be careful out there.

Published on: June 25, 2009

Fatal Motorcycle Accident in Forsyth County Traced to Motorist’s Illegal U-Turn

by Robert N. Katz, Esq.

A motorcycle rider who was critically injured in an accident in Forsyth County over the weekend has succumbed to his injuries at an Atlanta Hospital.

The victim 49-year-old Terry Hitt was riding a motorcycle which collided with a Suzuki SUV when the motorist tried to make an illegal U turn. The motorcycle collided with the driver’s side door of the car. Hitt sustained critical injuries and was airlifted to Grady Memorial Hospital in Atlanta.He died on Sunday afternoon. Hitt is survived by his two children, mother and brother.

The motorist Marian Anwar was initially charged with making an improper left turn, and now faces second degree vehicular homicide charges in connection with the motorcycle accident.

Published on: June 18, 2009

Barrow County Man Dies in Jefferson Truck Accident

by Robert N. Katz, Esq.

A motorist from Winder in Barrow County has died in a multi vehicle truck accident that involved at least three commercial trucks. Four other people were injured in the accident that took place on the 5^th of June.

As Robert McIlwain began to slow down for traffic on I-85, his Honda CRV was struck by a tractor trailer. According to state patrol, the driver of the tractor trailer, Thomas Terry failed to notice that traffic was slowing down, and struck the guard rail before crashing into the CRV. The Honda CRV was pushed into the path of a second tractor trailer, and then overturned. McIlwain died from his injuries.

Terry then struck a 2004 Dodge Dakota before it overturned into a median. The Dakota was pushed into a third tractor trailer that had stopped for traffic. In all, four people were injured in the accident, including Terry.

Published on: May 26, 2009

Cobb County Teacher Dies in Wrong-Way Accident

by Robert N. Katz, Esq.

Before Friday’s tragic car accident, South Cobb High School teacher James Chapman was looking forward to a life of wedded bless.

Chapman was due to be married on the 4^th of July in Rome, and had been on his way to New Orleans to celebrate his upcoming nuptials. He was driving with his friend Keith. Both had just finished the last day of school at South Cobb High School where Chapman taught Social Studies and coached a baseball team. Chapman’s car collided head-on with a car driven by 74-year-old Homer Phillips in the southbound lane of Interstate 59. Phillips seems to have been driving the wrong way in a pickup truck, when he crashed into Chapman’s pickup. Phillip’s vehicle then hit another car which rolled over. Both Phillips and Chapman were killed at the scene.

According to police, Phillips was not under the influence of alcohol. They don’t know yet why he was driving the wrong way.

Published on: May 23, 2009

Drowsy Driving Blamed for Washington County Tractor Trailer Accident Fatality

by Robert N. Katz, Esq.

A man from Sandersville in Washington County died last week when his truck crashed into a tractor trailer. According to Georgia State Patrol, the victim David Perry Williams was driving a pickup and following the 18 wheeler. As the tractor trailer slowed to make a turn, the pickup struck the rear of the trailer, killing Williams instantly.

Georgia State Patrol troopers believe that Williams likely fell asleep at the wheel. There was no indication at the accident scene that he had attempted to stop the pickup. Williams wasn’t wearing a seatbelt, but considering the massive impact of the crash, troopers believe that a seat belt wouldn’t have helped. According to witnesses at the scene of the crash, Williams had just finished his third shift at work, and was on his way home.

It appears quite likely that Williams was suffering from a severe lack of sleep because of his hectic work schedule. We should be as concerned about car accidents that occur when a motorist falls asleep at the wheel, but somehow, as New Jersey personal injury lawyer Scott Grossman says, drowsy driving is not taken as seriously in the country as driving under the influence of drugs or alcohol.

Published on: May 22, 2009

Georgia State Patrol Expects Increase in Fatal Memorial Day Accidents

by Robert N. Katz, Esq.

Georgia State Patrol is expecting an increase of 29 percent in the number of fatal accidents over the Memorial Day weekend. Troopers are expecting 2,725 accidents over the weekend, which begins from 6 pm Friday and runs through midnight on Monday. These crashes are expected to result in eighteen deaths, while 875 people will be injured. In 2008, fourteen people had died, and 721 had suffered injuries in 2,480 Memorial Day holiday accidents.

Law enforcement officers are gearing up to handle the increased volumes of traffic starting from Thursday. Additional police officers will be patrolling the streets to crackdown on motorists for speeding, and conducting sobriety checkpoints to keep drunk drivers off the roads. Additionally, there will be other safety campaigns, including the “Click It or Ticket” campaign to enforce seat belt use, as well as the 100 Days of Summer HEAT campaign that kicked off earlier this month. HEAT or Highway Enforcement of Aggressive Traffic will crack down on dangerous drivers across the state. The HEAT campaign is a comprehensive drunk driving, speeding and aggressive driving campaign that involves all law enforcement agencies.

Holiday weekends are unfortunately more at risk for a greater number of automobile crashes including drunk driving accidents, and speeding-related crashes. With lower gas prices this year, it won’t be too surprising to find more numbers of Georgians on the streets. Initiatives like the one the Governor’s Office of Highway Safety is implementing are necessary to ensure that a joyous time isn’t marred by accidents and injuries. This year, Georgia State Patrol expects the same risk factors in a majority of serious or fatal accidents – alcohol use and failure to wear seat belts.

Published on: May 6, 2009

DeKalb County Car Accident Kills Two People

by Robert N. Katz, Esq.

A tragic car accident on Rockbridge Road in DeKalb County has killed two people, including a teenager.

According to this report, a car carrying six teenage boys crossed the center line and crashed into a Toyota Corolla, driven by 43-year-old Lisa Hutchinson. She died instantly. Her daughter was in the car with her, and suffered a broken collar bone and at least two fractures. The driver of the other car, a Honda Accord, also sustained injuries. One of the occupants of that car, 16-year-old Benjamin Bynum was also killed. All the teenagers, students at Stephenson High School, have suffered minor injuries.

The 16-year-old driver is likely to face charges. According to police, alcohol doesn’t seem to have been a factor in the car accident.

Published on: March 25, 2009

Georgia House Rejects Bill That Could Prevent Accident Fatalities

by Robert N. Katz, Esq.

In February, we had expressed hope on this blog that a bill to make seatbelt use mandatory for pickup truck drivers would be passed by the House. Unfortunately, that hasn’t happened. For the third consecutive year, the House has rejected the measure that would prevent several accident related deaths every year, with the House Consumer Affairs Subcommittee voting 4-3 against the bill.

With this, Georgia continues to remain the only state in the country that exempts pickup truck drivers from buckling up. This has meant that the seat belt use rate for pickup drivers in Georgia has remained at around 79 percent, much lower than it is for other passenger vehicles. Pickup trucks are used extensively in rural Georgia, and the seat belt exemption has also contributed to higher fatality rates in rural areas than urban centers. Close to 57 percent of all road traffic fatalities in the state occur on rural roads. In fact, the fatality rate in rural areas is twice that in urban areas, and pickup truck drivers form a large percentage of these fatalities. Even worse, of these pickup truck fatalities, more than 67 percent were not wearing seat belts at the time of the crash. Experts estimate that at least 26 lives could be saved in Georgia every year, and more than 400 injuries could be prevented if pickup truck drivers too were covered under seat belt laws.

Even in the face of such data, Georgia has delayed making seat belts mandatory for pickup drivers above the age of 18.The bill’s supporters, including Georgia personal injury lawyers have been vocal in their support for such a measure, but these voices have gone unheard by the House. There has been widespread support of seat belt laws for pick up truck drivers. In fact, surveys have shown that more than 88 percent of the population of the state supports making seat belt use mandatory on pickup trucks. In fact, the support for such a bill is strong even in rural areas, with truck drivers voicing support for such laws. Yet, the state has failed to act.