Georgia Injury Law Blog

Published on: September 1, 2018

Don’t Miss the Deadlines for your Personal Injury Claim

After someone has been injured in an accident, or due to someone else’s negligence, most people are focused on seeking medical treatment, recovering, and getting their life back on track. One of the last things on their minds it making sure that they file a lawsuit on time. However, filing your injury claim on time is one of the most important steps you can take to protect your rights after an accident.

In a recent case in Pennsylvania, a court denied a woman’s lawsuit for personal injuries sustained when a sponge was left inside her following a surgery. The judge in that case found that the woman waited too long, almost 11 years after her surgery, to file her lawsuit. Therefore, her case against the defendant doctors was dismissed.

Each state has different deadlines by which a personal injury lawsuit must be filed. The time period to file a lawsuit is referred to as the statute of limitations.

Published on: August 15, 2018

50 Percent of Parents Text While Driving With Children

by Robert N. Katz, Esq.

Georgia recently passed the Hands-Free Law that prohibits all motorists from driving with a handheld electronic device. However, most would be surprised to know that an astonishing number of parents admit to setting poor driving examples for their children by using cell phones and communication devices while driving.

According to the results of a study which was published in the journal Pediatrics recently, about 50 percent of parents admitted to regularly talking on their cell phones while driving with their children. About 1 in 3 admitted to texting while driving, and 1 in 7 admitted to using social media while driving. The children in these cases were between 10 and 14 years of age – impressionable minds that absorb their parents’ examples and behavior.

What’s worse, but not too surprising, is that these parents were also likely to engage in other equally harmful driving practices, whether their children were in the car or not, such as failure to wear seatbelts or driving under the influence of alcohol. About 14.5 percent of the parents included in the study failed to place their child in child safety systems while driving. The study also found a direct link between the rates of driving under the influence of alcohol and irresponsible cell phone practices at the wheel.

Published on: July 26, 2018

Hands-Free Voice Technology Can Pose an Accident Risk

by Robert N. Katz, Esq.

The recently passed Georgia Hands-Free Law is intended to reduce the number of distracted-driver related traffic accidents. But did you know that using hands-free, voice-activated technology to operate your cell phone while driving actually poses its own set of dangers? A new study finds that the more complex the task you are performing using voice-activated technology, the greater the distraction level and danger to you.

The AAA Foundation for Traffic Safety recently conducted a study of the various types of voice-activated technologies that are now present and built-in in so many automobiles these days. These new technologies allow motorists to perform a variety of tasks without moving their hands away from the steering wheel or their eyes from the road. Motorists may use these technologies for reading and dictating text messages, sending and reading e-mails, and even posting on Facebook and other forms of social media. However, as the research suggests, the technology is not entirely foolproof.

The researchers at the AAA Foundation found that the more complicated and complex the task, the greater the distraction level. Advanced commands, like those used for sending e-mails or posting on Facebook, seemed to pose a much higher and more dangerous level of distraction to motorists, compared to tasks that were less mentally challenging. Most motorists do not consider driving while using voice-activated technology to be a major risk. However, if you find yourself looking at your cell phone to spell check an email, the lack of visual attention to the road, even for a few seconds, could cause a serious accident.

Published on: July 14, 2018

Greater Risk of Childbirth Injuries, Errors during Weekends

by Robert N. Katz, Esq.

According to a recent report by America’s Health Rankings, Georgia has one of the highest maternal mortality rates in the nation. Other studies have found that women who are admitted into a hospital on a weekend for delivery have a greater risk of suffering complications and injuries compared to the rest of the week. According to these studies, maternal complication risks are highest during weekends, holidays and during night shifts when compared to weekday or day time births.

The results of the study are concerning, but not exactly surprising. Researchers have also found that there is a combination of several factors that can impact safety risks for patients admitted into the hospital during these risky times for a variety of conditions. For example, earlier studies have found that cardiac patients admitted into the hospital on weekends have a higher risk of complications or reduced care that impacts their survival risks. In 2016, a study published in the BMJ Quality and Safety found that heart attack survival odds for patients who were admitted into the hospital on weekends and night times were considerably reduced.

A major factor that impacts the quality of care when pregnant women are admitted into the hospital on weekends or on night times is reduced staffing. There are fewer staff members on duty during weekends and on holidays, and that can increase pressure on staff members which in turn reduces the quality of care. Night shifts also see a lower nurse-to-patient ratio which can impact the reading of test results or monitoring of the patient. In the case of a pregnant woman awaiting delivery, lower staffing ratios mean that critical foetal cardiac rate monitoring may be irregular, leading to maternal and foetal health complications.

Published on: June 30, 2018

Auto Technology Would Help Reduce Motorcycle Fatalities

by Robert N. Katz, Esq.

Vehicle safety technology and crash prevention systems not only save motorist lives, but they also help prevent fatal motorcycle accidents. As the roads in Atlanta get more and more crowded, the number of motorcycles to passenger vehicles will also continue to rise which will only increase the risk of serious accidents and injuries if both motorists are not fully alert and paying attention to their surroundings.

According to a study by the Insurance Institute for Highway Safety, more than 8,000 motorcycle accidents every year could be prevented if more passenger vehicles came equipped with lane maintenance systems, front collision prevention systems, and other devices that are designed to identify motorcycles in their path.

Many of these crash avoidance systems are currently available on several models of cars, SUVs and pickups. There are different types of these systems available, but they generally work using devices like cameras and sensors to look out for motorcycles in the environment, and to intervene if the driver fails to take action to prevent an accident.

Published on: June 15, 2018

How Quickly do You Have to File a Wrongful Death Claim?

by Robert N. Katz, Esq.

A wrongful death claim can help offset many of the financial damages caused by the death of a family member. In the state of Georgia, it is also important to file the claim timely before the deadline passes. This is one of the main reasons you should consult with an attorney soon after the accident to protect all of your legal rights.

Wrongful death claims can help family members and survivors recover compensation for the loss of the decedent’s income, loss of future earning and other damages like loss of affection, loss of parental guidance, and loss of consortium, as in the case of the death of a spouse.

A wrongful death claim can arise when a death has occurred as the result of the negligence of another. Examples can be claims that are filed after deaths in car or motorcycle crashes, deaths in slip and fall accidents, or deaths that occur as a result of the use of a defective product. The statute of limitations may differ depending on the circumstances of the incident that has occurred.

Published on: May 30, 2018

Pedestrian accidents are on the rise.

by Robert N. Katz, Esq.

It is no secret that pedestrian fatality numbers in the state are on the rise. According to the Governor’s Office of Highway Safety, in 2017 alone 1,454 pedestrians died in accidents across the Georgia.

As the number of pedestrian accidents in Georgia continues to increase every year at least, one community is taking firm steps to reduce those deadly statistics. The Governor’s Office of Highway Safety recently lauded the community of Macon for the steps that the city is taking to reduce pedestrian fatalities. The Governor’s Office of Highway Safety recently announced a grant of $20,785 to the city of Macon and its On the Move campaign.

The city of Macon has seen more than its share of pedestrian accident fatalities. In fact, it was recently ranked second in Georgia in the number of pedestrian fatalities per capita. In response to those alarming statistics, the city’s administrators have put their heads together to announce a new initiative. The Macon Commissioner recently formed the Macon-Bibb Pedestrian Safety Review Board to analyze pedestrian accident fatalities across the community. One of the Board’s first initiatives is the Cross the Walk campaign. The campaign is designed to inform and educate people about safe and responsible ways of crossing the street.

Published on: May 15, 2018

ADHD and Increased Accident Risks

by Robert N. Katz, Esq.

Once a teenager obtains his or her driver’s license, many a parent has spent many nights worrying about their teen’s safe driving. For parents of teens diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), this can be especially true.

Teenagers are already grappling with controlling their emotions, judgment, concentration and actions, which already places them in a high-risk category for accidents. However, for a teen with ADHD, impulse control and focusing on a task, such as driving, is even more difficult. Many teens with ADHD also struggle with being easily distracted which can make putting such a driver behind the wheel can be that more dangerous.

A new study has found that teenagers who have ADHD have a higher risk of being in a car accident than teenagers without the diagnosis. While teens with ADHD seem to delay getting their license by six months after being eligible, once they do get their license, they have a 36 percent higher risk of being in a car accident as compared to teens without ADHD who have recently obtained their license. These statistics were seen in both male and female teens.

Published on: April 26, 2018

Is Climate Change Linked to Increasing Traffic Accident Deaths?

by Robert N. Katz, Esq.

Climate change has been in the news for years now regarding its effects on weather related tragedies. From eroding coastlines, rising poverty levels and soaring temperatures -climate change is blamed for an entire range of global disasters. Every region on the globe, including Georgia, has seen dramatic shifts in its weather. However, could these changes in weather also be linked to increasing highway accident fatality numbers?

It appears that they could. Traffic safety experts have been trying to understand why road accident fatality numbers have been increasing since 2015, after several decades of a downward trend in fatality numbers. Earlier, safety experts focused on increasing rates of cell phone use by motorists as the leading factor causing this increase. However, they were later able to debunk that theory because there was no increase in smartphone use during the period of time that they studied. They then changed their focus to another possible factor-the weather.

Temperature increases are likely to be at least partly the reason why we are seeing an increase in the number of people dying in traffic accidents. Warmer weather simply means more people out on the road. People drive, walk, bicycle and ride their motorcycles more in warmer weather, than in wet or snowy weather. The experts found in their analysis that pedestrians, bicyclists and motorcyclists – people who are much more likely to be out walking, riding or bicycling during warmer weather – accounted for a large percentage of traffic accident fatality fatalities during the study period.

Published on: March 21, 2018

Driving with Diabetes: Accident Risks and How to Navigate These

by Robert N. Katz, Esq.

According to the most recent statistics, more than 100 million Americans suffer from diabetes or have pre-diabetes. In Georgia, almost 1.2 million people suffer from diabetes, and an estimated 241,000 have diabetes but don’t even know it.

Suffering from diabetes can place a driver at risk for certain symptoms that can increase their chances of being in an accident. A person who suffers from diabetes may suffer from sudden low levels of blood sugar that can cause symptoms such as disorientation and confusion. This could trigger a potentially devastating medical emergency at the wheel.

Clearly, there are many motorists in who are driving under the ever-present risk of having a medical emergency at the wheel. Persons who suffer from diabetes may continue to drive, but it is important for them to understand if their symptoms are so severe that it could impact their safety and increase their accident risk. No one suggests that diabetics avoid driving. However, as with several other medical conditions, it is important for you to know if your symptoms are so severe that they could possibly cause you to black out or become disoriented.