Georgia Injury Law Blog

Published on: January 13, 2019

For-Profit Nursing Homes Reveal the Lowest Care Standards

Throughout the nation, the population of those age 65 and older continues to rise. In fact, as the baby boomer generation continues to age, it is projected that the number of older people in the U.S. population will be greater than children in just a couple of decades. In Georgia, the population of those 65 and older is projected to constitute over 65% of the state’s population by 2030.

With the rise of the aging population, more and more of these individuals are now living in nursing homes. However, statistics show that many of these residents suffer from poor and neglectful care, and other abuse. Residents of for-profit nursing homes are more likely to be subjected to poorer care standards, compared to residents of non-profit facilities. A new report confirms that for-profit nursing home residents have increasing rates of suffering injuries resulting from neglect than those living in other residential arrangements.

The researchers found that seniors over the age of 60 who lived in private community residences were most likely to be well cared for. They found more signs of neglect among residents of for-profit nursing homes. Some of these cases included serious signs of neglect such as extreme dehydration and stage 3 and stage 4 bedsores. These residents were also more likely to suffer from the effects of mismanagement of their feeding and medication schedules. The neglect also involved malfunctioning or broken feeding tubes, broken catheters and overall mismanagement of chronic health conditions which are prevalent in the nursing home population. Numerous lawsuits are filed nationwide against nursing homes and assisted-living facilities for failure to provide adequate care and safety measures.

Published on: January 7, 2019

Traffic Fatalities Nationwide Show Downward Trend

by Robert N. Katz, Esq.

The DOT’s National Highway and Traffic Safety Administration recently announced some welcome news for motorists, pedestrians, motorcyclists and bicyclists around the country – traffic accident fatalities for 2017 were down by 2 percent. This decline followed two prior years of large increases. The decline in fatalities also continued for the first half of 2018.

Overall, according to data from the Department of Transportation, a total of 37,133 people died in traffic accidents across the country in 2017. That was a decrease of 2 percent from the previous year. This was also in stark contrast to the 6.5 percent increase in fatalities from 2015 to 2016 and the 8.4 percent increase from 2014 to 2015. The trend also appears to have carried over into Georgia as total traffic deaths on Georgia roadways decreased in 2017 after two large years of increases in 2015 and 2016.

The data has more good news. It shows a 2 percent decrease in pedestrian fatalities. This was a traffic safety area that had been a huge source of concern for safety advocates because of the increase in pedestrian accident fatalities over the past several years. In 2017, federal authorities recorded the first decline in pedestrian accident fatalities since 2013, and that is welcome news indeed.

Published on: December 26, 2018

Safe Driving on New Year’s Eve

by Robert N. Katz, Esq.

Safe Driving on New Year’s Eve

Few holidays are more universally celebrated than New Year’s Eve. Unfortunately, the holiday sees a dramatic uptick in the number of accidents, especially those involving alcohol and speeding. According to some estimates, Americans are much more likely to drink over New Year’s Eve than any other time of the year. In fact, the U.S. Department of Transportation reports that an average of 300 people die nationally between the week of Christmas and New Year. That makes the streets of Georgia especially dangerous to be on this time of year.

Celebrating responsibly should be a no-brainer, but far too many people ignore basic safety precautions, and end up causing injuries not just to themselves, but also to other motorists on the road. This New Year’s eve, take steps to avoid becoming just another drunk driving accident statistic.

Published on: December 19, 2018

Tips to Boat Safely During Winter

by Robert N. Katz, Esq.

Boating during the winter months can still be great fun. But it’s still important to remember the need to follow safety protocols at all times especially given the special dangers involved in boating during this time of year.

Many families will head out to lakes across the state for their holidays as the Christmas break begins. During this time, Lake Lanier and Lake Oconee, as well as other local boating communities, hold special holiday events that attract a number of people to the water. Many of these boaters will be new to the activity, and oftentimes will fail to follow basic safety rules. This will lead to an increased risk of negligent or dangerous boating practices, which in turn will result more accidents on Georgia’s lakes. There is also the increased risk of people boating while intoxicated during the holidays. As with drunk driving in vehicles, drunk boating can also result in serious accidents, oftentimes resulting in fatal injuries.

While on the water, you should always adhere to the boating safety rules and regulations posted at the lake to avoid being injured a boating accident. The ice-cold water can pose special safety concerns that are not present during the warmer months. These special dangers can threaten your life and the lives and safety of your loved ones.

Published on: December 15, 2018

Georgia’s Trucking Accident Statistics Continue to Rise

by Robert N. Katz, Esq.

Thousands of trucks travel on Georgia’s highways and interstates every year, moving freight and working as indispensable components in the state’s trade and commerce system. However, there are also countless accidents every year involving these massive vehicles on Georgia’s roads that result in dozens of deaths and hundreds of injuries.

Large trucks and tractor trailers, by their very nature and design, are more likely to cause serious injuries to the occupants of the smaller vehicle when they are involved in an accident. These trucks can weigh up to 80,000 pounds, and their bulk can make any collision with them especially dangerous.

The Federal Motor Carrier Safety Administration’s statistics from 2006 to 2016 portray an interesting picture of Georgia’s truck safety record. A look at the data indicates that the state was able to make significant progress in reducing the number of people killed in truck accidents between 2006 and 2010. During this 5-year period, there was a continuous decline in truck accidents beginning with 232 fatalities in 2006 to ending at 153 in 2010.

Published on: December 5, 2018

Safe motorcycling tips for the winter.

by Robert N. Katz, Esq.

Not surprisingly, riding a motorcycle during the winter can be difficult as the weather can make visibility and road conditions more difficult and unsafe to be on a motorcycle. However, if you simply cannot take a break from motorcycling during the next few months, take steps to keep yourself as safe as possible.

Some of the biggest challenges involved in riding during the winter have to do with the poor visibility and the biting cold that can make handling a motorcycle very challenging. The roads may be slick and wet or covered with salt, creating slippery conditions that can increase the risk of skidding and being in an accident. Even though Georgia doesn’t get much snow, there are many days and nights where the roads in the Atlanta area are covered in black ice making riding especially dangerous.

To prevent the severe cold from reducing your ability to handle your ride, dress for the weather. Numb and sore fingers and stiff joints are a definite risk during winter riding. Dress in warm and dry clothing that keeps you as comfortable as possible. Waterproof boots and gloves are an absolute must – these will keep your feet and hands dry and comfortable. You are also much more likely to be able to quickly take emergency steps to prevent an accident when your hands and feet are protected from the cold. Use plenty of insulated layers, long – sleeved tops and windproof pants to avoid the cold from cramping your riding style.

Published on: November 26, 2018

Avoiding Slip and Fall Accidents in Winter

by Robert N. Katz, Esq.

There are certain times of the year when the risk of being in a slip and fall accident is higher. It is no surprise that winter, and especially the holiday season, brings with it conditions that increase the likelihood of a fall accident.

The coldest weeks of the year bring with them roads, driveways and sidewalks covered with ice, snow and sleet that make for very slippery and dangerous conditions. It’s no surprise that you have a greater risk of a slip and fall when you have to walk on roads and surfaces that are wet with ice and snow. What’s worse, these slip and fall accidents can leave you with serious injuries that can have long lasting impacts on you and your family. This is especially true with the black ice conditions that Atlanta and the north Georgia area commonly see during the winter months.

The winter holiday season also brings with it its own conditions that increase the risk of a slip and fall accident. This is not only because the holidays occurs during the coldest part of the year, but holiday shopping, entertaining and attending parties all increase the likelihood that you will be out and about in the dangerously slippery conditions, instead of being safe at home. Even more, if the area where you are walking has not been properly maintained for winter conditions, your risk of sustaining a fall and being injured is even greater.

Published on: November 12, 2018

How to Avoid a Trip to the Emergency Room This Holiday Season

by Robert N. Katz, Esq.

The upcoming holiday season is one of the busiest times of the year for emergency rooms throughout the country and in Atlanta. Injuries and accidents are more common during this time, and there are a number of reasons people find themselves having to go for treatment at an overcrowded ER from food poisoning and alcohol related accidents to kitchen and fire accidents.

Here are some ways you can help reduce your chances of requiring a visit to the ER this holiday season.

While indulging in your Thanksgiving feast, take steps to avoid being exposed to food poisoning. Be sure not to consume undercooked or expired food, and always be aware of any food recall notices

Published on: October 22, 2018

Dangerous Street Designs Cause Increase in Pedestrian Fatalities

by Robert N. Katz, Esq.

The metro Atlanta area has seen an increase in the number of people who choose to walk for recreation. While this is good news, it also, unfortunately, means that there has been an increase in the number of deaths that occur in accidents involving motor vehicles and pedestrians. With more and more distracted drivers on Atlanta’s roads, this upward tick is only going to continue. In fact, some pedestrian advocacy groups say that unless authorities take drastic steps, those fatality numbers could reach unthinkable highs by 2020.

According to statistics, the metro Atlanta area, which encompasses 20 counties, has seen an increase in pedestrian accident deaths from 1,700 in 2006 to more than 2,500 in 2015. That is an increase of a whopping 53 percent. This also mirrors a nationwide increase in pedestrian accident fatalities that has safety advocates very alarmed.

There has been a growing trend across the metro Atlanta area for a more walkable lifestyle, which includes being able to walk or bicycle to work. Oftentimes, however, pedestrians must walk on roads that are not designed for walking or bicycling. These types of roads can include those without (or too narrow) sidewalks or bike lanes, multi-lane roads and over congested roads. Some of the more dangerous roads in the metro Atlanta area include Buford Highway, Tara Boulevard, Piedmont Road and Peachtree Road, just to name a few. Roads such as these can place a pedestrian at an increased risk of being involved in an accident with a motor vehicle. Not surprisingly, when a pedestrian is involved in such an accident, it usually results in serious injuries, or even death, to the pedestrian. In certain parts of Atlanta, such as the densely populated intown areas, fatalities have increased significantly over the past several years. In these dense areas, the roads have been designed to move traffic along as speedily as possible. Unfortunately, pedestrians often find that their safety needs are not necessarily considered when improvements are made to road design.

Published on: October 8, 2018

NTSB: To Reduce Accident Fatalities, Communities Must Tackle Speeding

by Robert N. Katz, Esq.

According to the National Transportation Safety Board, speeding motorists pose a serious problem on our roads. Between 2005 and 2016, speeding-related accidents killed more than 132,500 people. In Georgia, the annual number of deaths caused by speeding drivers in 2008 to 2017 averaged from 1200 to over 1500 each year. Until authorities and communities address the very real risks and dangers posed by speeding, no real progress can be made in reducing the number of accident fatalities in the United States.

There are two ways in which speeding increases the risk of fatalities. First, a speeding motorist is less likely to be able to respond in time to prevent an accident. Second, the kinds of injuries that occur in a speeding-related accident are very often fatal, due to the very severe impact caused by the speeding vehicle involved. In fact, the National Transportation Safety Board statistics show that speeding-related fatalities accounted for approximately one-third of all traffic deaths. That number was close to the number of people who died in drunk driving accidents during that same period. However, while a lot of attention and activism is directed towards drunk driving, speeding generally does not get as much focus as an accident causing factor.

The National Transportation Safety Board identifies the recent trend in communities to raise speed limits as one of the reasons why speeding continues to claim so many lives every year. It is a no-brainer that higher speed limits only encourage drivers to drive even faster. In 2015, the maximum speed limit on Georgia highways was raised from 65 mph to 70 mph. Georgia is also one of the few states that has anti-speed trap laws.