Georgia Injury Law Blog

Published on: September 19, 2011

New Study into Motorcycle Accident Causes and Prevention

A groundbreaking new study that promises Atlanta motorcycle accident lawyers new insight into the causes of motorcycle accidents has just begun. Since motorcycle accidents result in some of the worst personal injury cases and wrongful deaths, any insights into the causes of these often catastrophic accidents is helpful. The Motorcycle Safety Foundation has announced that the very first motorcyclist in a study of 100 motorcyclists has officially begun his one-year long experience.

The Motorcycle Safety Foundation’s study is a naturalistic one, believed to be the first such study into motorcycle safety in the country.The study relies on the use of recording and tracking devices, like video cameras and GPS devices to record the motorcyclist on an everyday basis.One hundred motorcycles will be recruited as part of the Motorcycle Safety Foundation study.These motorcycles will be fitted with five color video cameras, a GPS tracker, and other devices that will help researchers track the motorcyclist’s riding experiences.

The researchers hope to get valuable information about the motorcyclist’s daily experiences on his vehicle.They also expect information about the environment just before and during the crash.A typical motorcycle accident study does not take into consideration such real-time data.A typical study will include a simple examination of accident scenes.Through the Motorcycle Safety Foundation study, researchers hope to capture information in the minutes just before a crash, to understand more about the causes of such accidents.

Published on: September 15, 2011

Hailey’s Law: Car Accident Injury Leads to New State Law, Possibly New Precedent

by Robert N. Katz, Esq.

In effect in Washington as of July 22 of this year, “Hailey’s Law” mandates that law enforcement officials must impound the car of a person arrested for impaired driving – in most cases for at least 12 hours.The only exception is if the person arrested for driving while under the influence isn’t actually the registered owner of the car. In cases like that one, the registered owner will be allowed to retrieve their vehicle from the scene. Wrongful deaths and DUI accidents go hand in hand and this law will clearly reduce the number of persons unnecessarily dying due to these accidents.

The circumstances surrounding the incident further explain why the law has been hailed as a breakthrough regulation by many personal injury attorneys, who hope to see the law being picked up by other states and foresee its enforcement successfully increasing the safety of the state’s public highways.

The law is named for Hailey French, a woman who was severely injured in a head-on collision. The driver responsible had been arrested for DUI and released by law enforcement officers less than two hours earlier. The lawsuit brought against the driver and Washington officials alleged that officers failed to install a court-ordered alcohol ignition interlock device in the driver’s car after her previous DUI arrest. Instead, the arresting officer drove her home, and handed her the car keys with a warning to sober up. After he left, the drunk driver took a taxi back to her car, got back on the road, and crossed the center line before hitting Hailey French.

Published on: September 14, 2011

Atlanta Man Killed in Motorcycle Accident

by Robert N. Katz, Esq.

An Atlanta motorcyclist was killed last month in an accident that occurred when a motorist turned into his path.According to the Georgia State Patrol, the motorist was driving under the influence of alcohol. The accident occurred in Paulding County.The man was riding on his motorcycle when the intoxicated driver turned into the path of the motorcycle.The man was thrown off his motorcycle, and sustained fatal injuries.The motorist has been arrested, and faces charges of driving under the influence, vehicular homicide in the first degree and failure to heed. Of course, he will also likely face a civil suit for wrongful death.

Even as the numbers of people killed in auto accidents in the United States have declined over the past few years, the numbers of people being killed in motorcycle accidents has remained more or less steady.In 2010, federal auto safety agencies recorded the first drop in motorcycle accident fatalities in more than eleven years.The decline was slight, but was encouraging to Atlanta motorcycle accident lawyers who have been very concerned about the fact that motorcycle fatalities have remained high over the past decade.However, the decline in fatalities was too low to mean any major change in the attitude towards motorcycle safety in the country.

In 1981, the groundbreaking Hurt Report was published, and outlined the major factors involved in motorcycle accidents in the United States.The study had been sponsored by the National Highway Traffic Safety Administration.The Hurt Report was published during a time of high accident fatality numbers involving motorcyclists. One of the findings of the Hurt Report was that most motorcycle accidents are caused by motorists who fail to yield right-of-way to a motorcyclist.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: September 12, 2011

US Could Learn Lessons in Preventing Car Accidents from Other Countries

by Robert N. Katz, Esq.

The United States lags behind several other countries, including those in Europe and Asia in reducing the number of auto accident relatedwrongful deaths. According to the Insurance Institute for Highway Safety, this country could be doing a much better job of saving more lives and reducing the number of personal injuries in accidents every year.

It may seem like there’s been much progress in reducing accident numbers in the United States.After all, auto accident wrongful death numbers in this country have been on the decline over the past decade, and last year, were at their lowest levels since record keeping began.With statistics like this, it’s easy for Atlanta car accident lawyers and motorists to become complacent, and believe that American drivers are much safer than anywhere else.

That’s not true at all.A look at the safety records and accident prevention efforts in other countries indicates just how much more progress the U.S. needs to make.

Published on: September 9, 2011

Dogs at Issue in Car Accidents due to Distracted Driving

by Robert N. Katz, Esq.

A new study by AAA and Kurgo has reported that 52 percent of drivers admit to “petting their canine companions instead of paying attention to the road,” and another 17 percent allow their pets to sit in their laps while driving – this according to an article published on www.insideline.com. Kurgo, a pet travel company, polled 1,000 dog owners who had traveled with their pets in the past 12 months.While the study did not evaluate the number which were involved in an auto accident, the risk factor of petting a dog while driving is clear. Auto accidents result in serious personal injuries and any conduct that may cause a rise in the number of accidents should be avoided.

Car accident attorneys in Georgia know this doesn’t bode well for drivers with furry friends. Looking away from the road for a mere two seconds doubles a driver’s risk of being involved in a car crash. Think about those two seconds. Now, picture how many seconds it takes you to pet your pooch and watch that level of risk increase significantly.

The problem, researchers summarized, could probably be rectified if more owners seriously considered restraining their pooches. Interestingly enough, many of those polled admitted that they knew operating a vehicle with an unharnessed animal was risky business, yet chose to engage in it anyway. 83 percent of drivers agreed that an unrestrained pet is dangerous, but only 16 percent reported restraining their pet.

Published on: September 8, 2011

Insurance Companies Held to a New Standard on Health Insurance Premiums? Not Exactly.

by Robert N. Katz, Esq.

Georgia’s Insurance Commissioner Ralph Hudgens is going to set insurance companies straight- well, he can try, but likely will not succeed.The piece from the national healthcare reform puzzle which requires insurance companies to justify rate increases will become effective on September 1, 2011.If this change helped to hold down rates, then persons injured in car accidents could better afford the premiums while they are out of work trying to recover. Unfortunately, if you are injured in an auto accident, you are likely to see your health insurance premiums continue to rise. This could be resolved once the new healthcare law’s mandatory provisions take effect. However, as Georgia personal injury attorneys have warned, if the healthcare law is declared unconstitutional thereby eliminating universal coverage, the problem with personal injury victims getting the treatment they need while unable to work will continue indefinitely.

The rate justification requirement forces insurers to publically post any rate increases over 10% and explain why the increase is reasonable.This 10% rule only applies to policies covering individuals and small businesses.All new double-digit rate filings will be submitted with much more documentation now. It is then left to the state to decide if the increase is reasonable based on health care costs and other factors.

We are relying on this new rate review process to save us from the big, bad insurance company, right?Unfortunately, Georgia law ties the hands of the insurance commissioner’s office by giving him no authority to reject rates submitted by the insurers.The insurance commissioner’s office “enforces and regulates laws enacted by the state legislature under Title 33 of the Official Code of Georgia.”In other words, Georgians will have to rely on unreasonable rate hikes to be handled by the federal government.

Published on: September 2, 2011

Helmets Can Help Prevent Injuries in Bicycle Accidents

by Robert N. Katz, Esq.

It’s one of the biggest pieces of advice that Atlanta bicycle accident attorneys would give to any bicyclist – always wear a helmet while riding.Lack of a bicycle helmet substantially increases a cyclist’s chance of a brain injury in a car accident. Unfortunately, we often see bicyclists on Atlanta streets riding without the most basic protection gear to protect against injuries in an accident.We have always wondered why a bicyclist, who is one of the most vulnerable people on the road, would leave himself or herself so open to the risk of injuries.A poll by the British Medical Journal answers some of our questions.

Thepoll results have been published in the British Medical Journal Blog, and show that the majority of people prefer not to have mandatory bicycle helmet laws because they discourage bicyclists.According to respondents, people should be encouraged to ride bicycles, and mandatory bicycle helmet laws do the opposite.They discourage people from taking to what is essentially a very healthy activity.

68% of the respondents in the poll were against mandatory bicycle helmet laws.Not only do they believe that this would discourage bicycling, but they also felt that there wasn’t enough evidence to show that wearing a bicycle helmet significantly protects a bicyclist from injury during an accident.They believe that bicyclists believe that mandatory bicycle helmets would discourage female bicyclists, typically some of the least likely to take to cycling..Additionally, mandating bicycle helmets for all would discourage bicycling in many people who’d otherwise be able to enjoy a cheap and affordable means of transportation.Overall, most of the respondents in the survey believe that mandatory bicycle helmet laws do not reduce bicycle accident-related injuries, but reduce bicyclist numbers.Some respondents even believe that mandatory bicycle helmet laws give the wrong impression that biking is a dangerous activity.

Published on: September 1, 2011

Are Georgia Hospitals Safe?: Lack of Information and the Safety of Georgia Hospitals

by Robert N. Katz, Esq.

When we go to the hospital, we go to receive treatment and care, not to contract a possibly life threatening illness. However, the reality is that not only can a hospital be a place of healing, but it is also a hot bed for germs, illness, and infections. Because of this reality, more than half of the states require a public report to be made regarding the infections patients pick up while under to care of hospitals. This is necessary so that patients can make informed decisions about where to seek medical treatment and avoid the possibility of falling victim to medical malpractice. This is also necessary to insure that a state’s hospitals are all in suitable condition to treat patients, and are not threats to public health or safety.

However, as the Atlanta Journal Constitution highlights, in the state of Georgia, no such report is required to be made by hospitals. According to Holly Long, director of the Hospital Accountability Project at Georgia Watch, “This (requiring that hospitals provide reports regarding infection rates) should be something the state does for its consumers. [A hospital’s] infection rate should not be [its] dirty little secret.”

Although state law requires that Georgia hospitals notify public health officials when they have an outbreakof, or identify, the presence of serious infectious conditions such as tuberculosis, Georgia hospitals are not required to report the most common infections patients pick up while under treatment, despite the fact that some of these infections are life threatening.According to the Centers for Disease Control and Prevention, around 1 in 20 hospitalized patients will contract an infection while receiving care. Despite this fact, according to a recent article in the Atlanta Journal Constitution, it is not possible for public health officials or patients to identify which conditions or hospitals pose the greatest threat to Georgians.

Published on: August 30, 2011

Cobb County Police Looking for Motorcyclist in Fatal Car Accident

by Robert N. Katz, Esq.

Police in Cobb County are on the lookout for the driver of a Porsche involved in afatal motorcycle accident fatal motorcycle accident. The motorcyclist was riding a Kawasaki Vulcan motorcycle when he was struck by two vehicles on Interstate 75.According to police, a Porsche struck the motorcyclist, and then fled the scene of the auto accident.The motorcycle was then struck again by a Mazda that was following behind.

The victim, a thirty-one-year-old man from Norcross sustained serious injuries, and died. The driver of the Mazda has confirmed to police that the Porsche struck the motorcyclist before her car did.Police are now looking for a silver Porsche that is likely to have moderate damage. Unfortunately, as any personal injury attorney will tell you, some of the most devastating accidents occur with hit and run drivers. These drivers are often uninsured, drinking or on drugs.

A motorcycle accident can be a traumatic experience.These are some of the most serious accidents, and can end in fatalities, or serious injuries to motorcycle riders and passengers.Apart from a helmet, a motorcyclist has little protection against injuries.