Georgia Injury Law Blog

Published on: May 9, 2011

Feds Release New Bus Safety Rules to Prevent Accidents

A series of fatal and serious bus accidents recently have resulted in new proposals to enhance bus safety for American passengers, and prevent serious accidents.The Federal Motor Carrier Safety Administration, this week announced a new set of proposals to minimize the risk of bus crashes. As an Atlanta injury lawyer, I only hope that the proposed regulations are enacted. The regulations then need to be monitored over time and strengthened where necessary. Bus accidents are far more serious than car accidents, motorcycle accidents, pedestrian accidents and many truck accidents due to the number of persons who have the potential of suffering personal injuries.

There have been several bus accidents over the past two years that have indicated the need for new safety regulations that can help deal with some of the serious bus safety issues that we currently face. The new proposals aim to do that.For instance, one of the issues that have bothered Atlanta bus accident attorneys has been the fact that bus companies find it too easy to reappear under a new name and address after one of their vehicles has been involved in a fatal accident.The new rule would create a federal standard that would help determine whether a carrier used to exist under a different name earlier.This would close current loopholes that allow carriers to resurface a few months after a serious accident, under a new name.

The new proposals also make it tougher for commercial drivers to get their licenses.Under the proposals, a driver would need to have a commercial driver’s learner’s permit before he can receive his commercial driver’s license.Besides, the federal agency wants to establish a uniform CDL testing standard across the country.

Published on: May 7, 2011

More Atlanta Truck Drivers Buckle up To Prevent Injuries in Truck Accidents

by Robert N. Katz, Esq.

Seatbelts save lives, and as new estimates indicate, the number of commercial truck drivers choosing to buckle up to prevent serious injuries or deaths in truck accidents, has increased.According to a study by the Federal Motor Carrier Safety Administration, the number of commercial truck drivers wearing seat belts has increased substantially in 2010.As an Atlanta injury lawyer, I have represented a number of truck drivers involved in accidents with other truck drivers. I have consistently found that the truck drivers who have been in their seatbelts sustained far less serious injuries than the truckers who were not wearing seatbelts.

Seatbelt usage among commercial truck drivers increased to 78% in 2010 from 74% the previous year.That is the fourth consecutive annual increase in seat belt usage in this section of the population.According to the Federal Motor Carrier Safety Administration, approximately 80% of commercial truck drivers in states that have primary seat belt laws wore seatbelts.However, in states which do not have primary seat belt laws, the seat belt usage rate among commercial truck drivers dropped to only 72%.

The FMCSA is also reporting an increase in seat belt usage rates among both commercial truck and bus drivers in 2010.Those rates were 78% in 2010, compared to just 65% in 2007.

Published on: May 6, 2011

Death in Cobb County, Georgia Car Accident Traced to Red Light Violations

by Robert N. Katz, Esq.

The parents of a young Cobb County woman, who was killed in a car accident two weeks ago, are calling for stronger charges against the motorist involved.Cobb County police are blaming the accident on red light violations. Car accidents involving wrongful deaths often involve a red light violation. Of course, auto accidents of this type also result in significant personal injuries since persons trying to “beat” the red light are often traveling at a high rate of speed. As an Atlanta injury lawyer, I know these cases are occur far too often.

The young woman had been driving a Toyota Safari, which was struck by an Infiniti.The woman had a green light at an intersection, when the Infiniti driver ran a red light and broadsided the Toyota.The Toyota driver suffered serious injuries, and was rushed to the hospital.However, she died two days later.

The Infiniti driver now faces misdemeanor charges.However, the parents of the young woman want felony vehicular homicide charges to be brought against the man.Vehicular homicide charges can only brought in cases where the motorist was driving under the influence, was driving at excessive speeds or was on the run from police.This particular accident doesn’t seem to meet any of those criteria, and therefore, it isn’t very likely that felony charges will be filed here.

Published on: May 3, 2011

Possible Increase in Workers’ Compensation Claims Involving Older Georgia Workers

by Robert N. Katz, Esq.

Atlanta Workers’ Compensation lawyers are likely to see a spike in the number of claims being filed by older American workers.The Centers for Disease Control and Prevention is warning in a new study that the number of senior workers being injured in workplace accidents, has increased substantially. As the CDC noted, the increase in work accidents for seniors is likely due to the fact that we have more senior in the workplace than in the past due to the recession. Therefore, more and more seniors will have workers comp claims to assert. Unfortunately, some insurance companies are likely to take advantage of the fact these seniors have more limited life expectancies to reduce the level of their settlement offers in worker comp cases beyond what is reasonable for that issue.

According to the Centers for Disease Control and Prevention, the number of injured older workers in the workforce increased from 12 % in 2003 to 17% in the latest estimates.The Centers for Disease Control and Prevention says that much of the reason for this increase has been the fact that there are more older workers in the workforce now than ever before.During these troubled economic times, many seniors who had been looking forward to retirement, have been forced to re-enter the workforce instead.In many cases, these older workers are entering a work environment that has simply not taken their specific safety issues into consideration.

For instance, older workers may be at a high risk of certain types of accidents, like slip and fall accidents.They may also be at a high risk of fall accidents from elevated surfaces, or from ladders and stairways.These falls can leave an older worker with serious injuries, like fractures, hip fractures, broken ribs and other injuries.A hip fracture, for instance, can mean the end of an older worker’s ability to earn a livelihood.In fact, studies show that older persons who suffer a hip fracture, have a much higher risk of dying within a year after suffering the injury, than those who have not suffered a hip injury.

Published on: May 2, 2011

Rotator Cuff Injuries Are a Frequent Result of Slip and Fall Accidents

by Robert N. Katz, Esq.

Rotator cuff injuries often occur as a result of slip and fall accidents, or because of repetitive stress or strain over a period of time.A severe rotator cuff injury can leave a person in constant pain and with difficulty in shoulder movement.Now, a new experimental surgery is offering a ray of hope for people who suffer from these debilitating injuries. Injury attorneys in Atlanta and elsewhere welcome any surgery that is helpful with this injury.

In the case of moderate rotator cuff tears, there are surgeries that can help.However, in the case of severe rotator cuff injuries, surgical options are fairly limited.Typically, physical therapy is used to treat such injuries.Besides, doctors may also prescribe steroid injections or minor surgery.However, these treatments may have a limited effect, and over a period of time, rotator cuff injuries may lead to arthritis.In fact, in severe cases, the person may need partial or total shoulder replacement.Now Dr. Spero Karas, who also happens to be the associate professor of orthopedics at Emory Healthcare Sports Medicine in Atlanta, Georgia, is using a new procedure that can help fix serious injuries to the rotator cuff.

The surgery involves using a surgically placed cadaver tissue graft to replace and reattach the injured tendon.So far, studies have indicated that the experiment with this graft-to-bone technique is very effective in treating defective tendons and repairing the injury.Some patients who have had the surgery performed on them have been able to go back to their normal routine activities, including golf. However, this procedure will not work for all rotator cuff tears.

Published on: May 1, 2011

Study Finds Antidepressants Help Repair Brain Cells, Heal Brain Injury

by Robert N. Katz, Esq.

Traumatic brain injuries are some of the most devastating injuries that Atlanta auto accident lawyers see.These serious injuries can also be seen as a result of a slip and fall accident when a person sustains impact to the head.What makes these injuries even more devastating is that there is no complete cure for traumatic brain injury.All doctors can do is administer emergency treatment as quickly as possible.A new study indicates that the use of antidepressants can help increase brain cells, thereby helping treat an injury.The researchers believe that if a patient is administered antidepressant therapy right after a traumatic brain injury, in addition to all other kinds of therapies, it could help foster the survival of healthy brain cells after an injury.

The use of antidepressants in the treatment of brain injury is not exactly new.In fact, most patients who suffer from TBI are susceptible to depression, and are often prescribed antidepressants.However, a new study conducted on mice found that injured mice that were given antidepressants had up to 70% more brain cells after four weeks on the antidepressant therapy, compared to those mice with brain injuries who had not been given antidepressants.The mice had been given the antidepressant, imipramine

That’s not all.Researchers also analyzed the performance of the mice during a novel object recognition test, to determine whether the thriving of brain cells in these mice, actually contributed to better cognition skills.Researchers analyzed how much time the mice under the antidepressant therapy spent looking at new or novel objects.Researchers found that the mice that had received the antidepressant therapy spent at least 15% more time looking at the novel objects.This indicates that these mice found the objects to be new, thereby indicating better memory capacity.

Published on: April 30, 2011

Students Injured in School Bus Accident in Gwinnett County, Georgia

by Robert N. Katz, Esq.

Several school students were injured in a bus accident involving two school buses in Gwinnett County earlier this week.The accident occurred at an intersection where two school buses were stopped.A third bus approached the scene, and rear-ended the second bus.The driver of the third school bus sustained minor injuries, and was taken to the Gwinnett Medical Center.Unfortunately, as an Atlanta injury attorney, I have seen too many bus accidents result in far more serious injures and wrongful death.

There were a total of 38 children on the third bus, and 10 of them suffered back injuries. The students on the other two buses did not suffer any injuries.The driver of the bus has been cited for following too close.The drivers of the other two buses have been suspended temporarily while an investigation into the accident continues.

Atlanta bus accident lawyers will have to wait until investigations are completed to learn why the third bus driver was not able to stop in time to avoid crashing into the other bus.However, it’ll probably be worthwhile to probe the role of distractions and inattention as a factor in this crash.School bus drivers have an additional responsibility to be cautious and completely attentive while driving.These buses carry some of our most precious cargo, which makes it all the more important for drivers to be attentive at all times.

Published on: April 29, 2011

Woman Killed in Atlanta Tractor-Trailer Accident

by Robert N. Katz, Esq.

A newlywed woman has been confirmed dead in a commercial truck accident on Interstate 285 in Atlanta earlier this week.According to police, the accident occurred when a tractor-trailer was trying to change lanes on the highway.The truck crashed into a Nissan vehicle, and the impact sent the car into a guardrail, and into another tractor-trailer.Truck accidents are often the most deadly type of accidents on the roadways today. They also cause permanent and disabling injuries. As an Atlanta injury lawyer, this is the reason I have regularly opposed increasing the size of trucks.

The Nissan rolled over on its side, killing the female driver.Her husband, who was a passenger in the vehicle suffered injuries, and was taken to the hospital.

The driver of the tractor-trailer has been charged with vehicular homicide in the second degree and making an improper lane change.Accordingly, a wrongful death action will likely arise due to the accident. Sadly, according to news reports, the couple was newly married.

Published on: April 26, 2011

One Person Killed in Wrong Way Driving Accident in Gwinnett County

by Robert N. Katz, Esq.

As Atlanta car accident lawyers, we often notice that wrong way driving accidents are some of the deadliest collisions.These accidents typically involve one car traveling at highway speeds in the direction of other vehicles that are also traveling at the same level of speed.Such accidents are typically high-impact accidents that end with multiple deaths or serious injuries.An accident over the weekend in Gwinnett County, Georgiathat killed one person and left two others with critical injuries, is being blamed on a wrong way driver.

The accident occurred on Saturday night, and involved a total of three vehicles.According to Gwinnett County police, a car traveling the wrong way veered across the median and crashed head-on into another vehicle.The car then flipped over, and crashed into a third vehicle.A woman was killed in the accident.Two other people, including the wrong way driver, suffered critical injuries.Police are investigating the accident, but no charges have been filed yet.Police are considering the possibility that the wrong way driver may have been driving under the influence of alcohol.

Every year, approximately 300 people are killed in accidents caused by wrong way motorists.Many of these accidents are caused because motorists are driving under the influence of alcohol, and end up traveling in the opposite direction.Alcohol use is the most common cause of wrong way driving.It’s not so surprising to Atlanta car accident attorneys that alcohol use is so often cited in wrong way driving.Alcohol use clouds a person’s judgment, blurs his vision and affects his powers of reasoning.A person like this is also likely to miss highway street signs, ending with him driving in the opposite direction.

Published on: April 25, 2011

Georgia Needs Work on Preventing Bicycle Accidents and Pedestrian Accidents this Summer

by Robert N. Katz, Esq.

Georgia has some of the lowest rates of bicycling in the US.That probably has something to do with the fact that this is one of the most dangerous states for bicyclists in the country.In fact, Georgia ranks at number eight nationwide for the number of bicycle accident deaths and, of course, these means there are also a significant number of injuries.As any Atlanta injury attorney will tell you, the state is not much safer for pedestrians either.According to the Georgia Department of Transportation, the Metro Atlanta region is the 10th most dangerous metropolitan area for pedestrians in the country.This summer, the Georgia Department of Transportation needs to focus on how to reduce pedestrian accident and bicycle accident deaths.

There’s no doubt that a pedestrian in Atlanta is at serious risk of injuries in an accident.For example in Georgia, pedestrian accidents make up just 1% of all traffic accidents, but these deaths account for 10% of all traffic accident fatalities every year.

Few cities in the country have the kind of congested traffic that Atlanta has, and pedestrians and bicyclists have a big role to play in relieving some of this traffic.It’s the reason why Atlanta bicycle accident lawyers believe in the need to encourage bicycling and walking as sustainable, efficient, and most importantly, safe means of transportation.However, encouraging biking in Georgia has been an upward climb, because of the high risk of injuries to bicyclists here.