Georgia Injury Law Blog

Published on: September 26, 2009

School Boy Injured in Polk County Bus Accident Succumbs to Injuries

A 12-year-old school boy, who sustained serious injuries in a Polk County school bus accident earlier this month, has died from his injuries. Seventh grader Wyatt Pilgrim was stuck by a school bus on September 9^th, as he was waiting for his bus. He was airlifted to an Atlanta hospital, and remained in a critical condition for days. On Sunday, Wyatt succumbed to his injuries.

Police investigations have revealed that the driver could not avoid the accident, and police officials have confirmed that he will not be charged in the accident. According to a Polk County school system representative, the Evergreen Lane in Cedartown where the accident occurred, has heavy traffic. There are schools in the area including the Cherokee Elementary School, and consequently, a lot of children use the area.

Very often, accidents involving pedestrians can be traced to road designs that are simply not pedestrian-friendly. These accidents occur very often when there is heavy pedestrian traffic, and not adequate safety systems to protect pedestrians.

Published on: September 25, 2009

Automakers Support Texting Ban in Cars

by Robert N. Katz, Esq.

Automakers Support Texting Ban to Minimize Risk of Car Accidents

Some of the country’s biggest automakers have announced that they support a ban on texting and the use of handheld cell phone devices while driving, to prevent the thousands of auto accidents that are caused every year by these behaviors. The announcement comes just days before a summit on distracted driving begins in Washington.

The Alliance of Automobile Manufacturers which includes General Motors, Ford, and Chrysler, says that it supports a ban on texting while driving, and also supports the use of voice-activated proprietary communication systems in place of cell phone use. For instance, Ford’s Sync system allows drivers to make phone calls using voice activation systems. Sync also plays back text messages that you receive, thereby allowing you to have a conversation and “read” a text message without using your hands, or more importantly, taking your eyes off the road. General Motors has its proprietary OnStar system, which includes the Hands Free Calling feature.

Published on: September 23, 2009

Most of Georgia’s Fatalities from Flooding-related Accidents

by Robert N. Katz, Esq.

Most of Georgia’s Fatalities From Flooding-Related Accidents

Nine people have been confirmed dead in flash floods that swept through much of north Georgia, including the metro Atlanta area. Most of these deaths occurred when cars were swept away.

After severe flooding on Monday, the Georgia Department of Transportation closed down several bridges, roads and highways across the state. Many of these have now been reopened, and the weather is expected to clear soon.Several roads across the state in Bartow, Douglas, Paulding, Catoosa, Walker and Dooly Counties were closed down, and these have since been reopened.Schools were closed on Tuesday in several school districts, including Atlanta, DeKalb, Gwinnett, Cobb and Fulton.

Published on: September 22, 2009

Questions Remain After Child’s Death in Atlanta School Bus Accident

by Robert N. Katz, Esq.

Questions Remain After Child’s Death in Atlanta School Bus Accident

Earlier this week, a 5-year-old boy was killed when he was run over by a school bus. The driver of the bus has now been charged with homicide by vehicle second degree.

On Tuesday afternoon, Everett Johnson had just gotten off his school bus. According to witnesses at the accident site, Everett was walking in front of the bus, and dropped his book and bag. He was bending over to pick them up when he was struck by the bus, which had begun to move forward. Everett came under the right front tire. He was rushed to the hospital, but died later.

Published on: September 21, 2009

Increase in Fall Accident Fatalities is Disturbing

by Robert N. Katz, Esq.

Increase in Fall Accident Fatalities is Disturbing

Researchers at the John Hopkins School of Public Heath have found a sharp increase in the number of fatalities from accidental falls and poisonings, between 1995 and 2005.

These increases were part of a larger overall pattern, in which the number of people who died from unintended accidents increased by 11 percent over the study period. The study found increases in other unintended accident fatalities including drowning accidents, and deaths from burns and suffocation. However, it’s the increase in mortality rates from accidental poisonings and falls, that has drawn the highest attention.

Published on: September 16, 2009

Georgia Family Battles Over Wrongful Death Damages

by Robert N. Katz, Esq.

Georgia Family Battles Over Wrongful Death Damages

The parents of a teenager who died in an accident involving a police car in 2007, is likely to appeal his wrongful death verdict in the Georgia Supreme Court, in a case that has received nationwide attention for its unusual nature.

In October 2007, 16-year-old Byron Trent Pyles died in a car crash involving a police car. His parents, Rebecca Lynne DeVent and Byron Keith Pyles filed a wrongful death lawsuit in Henry County against the Locust Grove police officer involved in the accident, and the police department.

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 13, 2009

Labor Day Accident Fatalities Total 8

by Robert N. Katz, Esq.

Holiday weekends typically see more numbers of accident- related fatalities, and this year’s Labor Day weekend was no exception. Across Georgia, there were a total of 2,231 traffic accidents over the holiday weekend. These accidents ended in 8 fatalities and 614 injuries. Currently, there is no breakdown available of the fatality rate by casual factors, like failure to wear seat belts, drunk driving etc.

Throughout the holiday period, Georgia State Patrol cracked down on drunk drivers, and stepped up checks on speeding drivers and seatbelt law enforcement. The drunk driving crackdown was called Operation Zero Tolerance, and targeted intoxicated motorists through sobriety checkpoints, and concentrated patrols. Also, there were education and awareness campaigns conducted around the state. Georgia police also participated in the "Hands Across the Borders" initative to partner with enforcement officers from neighboring states, to crack down on drunk driving. Across the country, most states had their own version of Labor Day enforcement, to keep drunk drivers and speeders off the road, and prevent accidents.

The days leading up to, and just after a major holiday, are some of the busiest times on the highways and also some of the most dangerous. Thanksgiving Day counts as the single deadliest day of the US calendar.More accident fatalities occur on this day than any other day. Typically, alcohol-heavy holidays like New Years Eve and St. Patrick’s Day tend to see higher numbers of alcohol-related car accidents.

Published on: September 12, 2009

NTSB Bans Employees from Cell Phone Use While Driving

by Robert N. Katz, Esq.

As Georgia personal injury lawyers, we have been waiting for our state to set an example in terms of stronger cell phone-and-driving laws. While neither Georgia nor any other state has stepped up to the task, the National Transportation Safety Board has moved to issue a ban on its employees using cell phones while driving.

Under the ban, NTSB employees will be forbidden from using handheld or hands-free cell phones while driving. With this, the NTSB becomes the first federal agency to have a complete ban on employees using cell phones behind the wheel. According to the NTSB chairwoman Debbie Hersman, there’s enough evidence that cell phone use while driving significantly increases the risk of auto accidents.

However across the country, laws banning cell phone use while driving, have been meager at best. Seven states and the District of Columbia ban only handheld cell phone use for motorists. In Georgia, school bus drivers are banned from using cell phones, but that’s about it. Our state’s cell phone laws are skeletal, but across the country, many of those states that have bans on handheld devices have seen mixed results from their laws. This has mainly been because in these states, the ban comes as a secondary enforcement, which makes the law harder to enforce.

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.