Georgia Injury Law Blog

Published on: July 23, 2010

Did Toyota Try to Mislead Public with WSJ Story

Did Toyota Try to Mislead Public with WSJ Story?

The Wall Street Journal ran a story last week, citing sources “familiar with the findings” that indicated that NHTSA investigations into Toyota’sacceleration problems had found driver error had been to blame for most of the cases.According to the Wall Street Journal piece, federal data suggests that many drivers, who blamed defects in their Toyota for these accidents, possibly jammed the accelerator instead of slamming the brakes.

As expected, the Wall Street Journal article created a furor.The National Highway Traffic Safety Administration has been quick to distance itself from the article.An agency representative said that the information used by the WSJ came from Toyota itself, and not from the agency.In other words, the company had planted the story in order to develop a strong case for itself against the hundreds of acceleration-related personal injury and wrongful death lawsuits it’s up against.

Published on: July 22, 2010

New Bridge at Mitchell Street In Atlanta Underway

by Robert N. Katz, Esq.

For years, Mitchell Street Bridge had been a vital part of Atlanta transportation, helping commuters get to downtown Atlanta and all the sights there.The bridge, which had been built in 1924, has become weak and structurally deficient over the years.Local budgets allowed for little money to repair the bridge.In 2008, the bridge was shut down for traffic.This week, the bridge was demolished in preparation for a new bridge replacing the old one. Not only will the new bridge make it easier for commuters in Atlanta to get across town, but it will also create new employment opportunities.

The bridge is being paid for by money from the federal stimulus funds.The total cost of construction is estimated to be around $8.8 million.Construction is expected to be completed by May 2012.The new bridge project is part of an estimated 300 construction projects that have already begun, or are expected to soon begin, across the state of Georgia.All these projects will be funded by money from the American Recovery and Reinvestment Act.Georgia has approximately $900,000,000 in federal stimulus funds already in its kitty.Not only will the new bridge make it easier for commuters in Atlanta to get across town, but it will also create new employment opportunities.

We definitely need more such measures not only to alleviate the stress of congestion on our streets, but also to facilitate easier and safer access to the city for all Atlanta’s residents.We need to relieve congestion in a safe manner, and the new bridge will do exactly that- provide a vital connection for Atlantans and a safe means of transport.

Published on: July 21, 2010

Spinal Cord Injury Patients to Benefit from New Technology

by Robert N. Katz, Esq.

It’s not just wireless companies and commercial television stations that are in the way of a revolutionary new technology that could provide a cure for spinal cord injury. The promoters of the cure are also up against the military. However, that’s not stopping the nonprofit Alfred Mann Foundation from continuing its efforts towards a treatment.

The treatment involves the use of coordinated electrical impulses from implanted devices. These impulses stimulate the muscles, thereby allowing the limbs of the spinal cord injury victim to move. Initial tests have shown dramatic results in spinal cord injury victims. Some of them have not just been able to regain movement, but are now back to doing the things they did and enjoyed before they suffered the injury.Buoyed by these successes, the Alfred Mann Foundation is pushing for wider use of this technology.

There’s one major catch, however. In order for the signals to be transmitted properly within the human body, the technology requires electromagnetic spectrum. The four bands of recommended bandwidth that are ideally suited for the technology are currently occupied by the military, commercial land mobile radio and emergency mobile radio. None of these entities are keen to share their bandwidth with the application of a medical device.

Published on: July 19, 2010

Sandy Springs Man Involved in Fatal Truck Accident Arrested

by Robert N. Katz, Esq.

A truck driver from Texas, believed to have been involved in a fatal tractor-trailer accident that killed a woman from Sandy Springs two weeks ago, has now been arrested.The driver, Joseph Leon Golden drove his truck into the emergency lane, where Rosario Velez had stopped her minivan to make a call.The truck crashed into Velez’s vehicle, leaving her seriously injured.She was rushed to the Grady Memorial Hospital and died a while later.Golden has now been arrested and charged with second-degree vehicular homicide and a lane violation.Sandy Springs police have been investigating the accident.

The catastrophic damage and loss of life and property that can result from truck accidents is why trucking companies and their drivers are held to such high standards of operations and safety.Traffic violations by any motorist can have serious consequences, but when it is the driver of a tractor-trailer guilty of such violations, the results can be horrific for those unfortunate enough to be at the receiving end.

Pursuing a truck accident claim in Georgia can be complicated and daunting. In any auto accident, you’re up against the driver of the other car and /or his insurance company.In a truck accident claim, you’re up against not just the driver, but also the trucking company, the insurers, their legal team, and other experts.The entire process of filing a claim can leave an Atlanta resident intimidated and frustrated.

Published on: July 12, 2010

ATV Dealers Selling Adult-Sized ATVs to Children

by Robert N. Katz, Esq.

ATV manufacturers make much of the fact that their vehicles are not “recommended” for children below the age of 16. They recommend that children only drive smaller-sized ATVs. They might want to send a memo to some of their dealers, however. An investigation by CBS Early Show found that many dealers see no harm in pushing sales of ATVs, even when they know that the vehicle will be operated by a child below the age of 16.

The CBS investigation found that five out of every ten dealers were willing to sell ATVs to undercover investigators posing as consumers, even when they were made aware that these all-terrain vehicles would be operated by a below-16 year old. In fact, one dealer in the exposé actually persuaded the “parents” to buy a large-sized ATV for their child, because he would be bored of a small-sized ATV within a week.

To Atlanta accident lawyers, these findings are very disturbing for two reasons –

Published on: July 10, 2010

Risk of Trailer Accidents Increases During Summer

by Robert N. Katz, Esq.

Risk of Trailer Accidents Increases During Summer

USA Today has a report on the higher risk of towing trailer accidents during summer, when many Americans hitch a trailer to their vehicle to tow boating gear and head to the nearest lake. Summer is also when many people plan a move, increasing the risk of a trailer accident.

According to the National Highway Traffic Safety Administration, towing trailer-related accidents kill at least one person every day somewhere in the country. In Georgia alone, since 1975, these accidents have cost a total of 280 lives. Over the past two decades, such accidents have contributed to close to 8,500 injuries, which have led to a total economic loss of more than $42 million. Property damage caused from these accidents has resulted in more than $65 million in damages in Georgia. Those statistics come from dangeroustrailers.org, a website established by trailer safety activist Ron Melancon.

Published on: July 9, 2010

Is Your Rental Car Safe to Drive

by Robert N. Katz, Esq.

An ABC undercover exposé reveals some shocking truths – the policies at most rental car companies are not designed to protect consumers from accidents involving recalled vehicles. Rather, these policies are aimed at getting cars out there, even if they are on the recall list.

The undercover exposé found that some of the biggest rental car companies, including Enterprise Rent a Car, Avis and Hertz don’t have firm policies in place against renting out recalled vehicles to unsuspecting consumers. Enterprise is one rental company that has been at the center of controversy over recalled vehicles. In May, the company lost a wrongful death lawsuit that had been filed against it by the parents of two sisters who were killed in an accident involving a rental car in California.

That car was a 2008 Chrysler PT Cruiser that had been recalled a few months earlier, but was rented out by Enterprise. Chrysler had linked that recall to a power steering fluid leak problem that could lead to loss of control of the vehicle. As the two sisters were traveling, the driver lost control of the car, and it burst into flames. The two women were killed instantly.

Published on: July 7, 2010

Pit Bulls Attack Douglas County Woman

by Robert N. Katz, Esq.

Douglas County Woman Has Surgery after Dog Bite Injuries

A woman, who sustained serious injuries after she was attacked by a trio of pit bulls in Douglas County had to undergo surgery this week. The 56-year-old woman was on a morning walk on Monday when she was attacked by the three pit bulls.

The three dogs were on the porch, and when the woman passed by, they jumped on her. It was a ferocious attack by all accounts, and the woman was knocked to the ground and mauled on her face and arms. Passersby used sticks and stones to try and beat the dogs off of her, but the woman suffered serious injuries. She was rushed to the hospital where she has now undergone surgery. However, she could be looking at a long recovery period ahead.

Published on: July 6, 2010

Several Injured in Marietta Deck Collapse

by Robert N. Katz, Esq.

The Fourth of July celebrations quickly turned into a disaster for several holidaymakers in Marietta when the deck they were on collapsed suddenly. The people were standing on the deck when it suddenly pulled away from the wall and collapsed in a yard.

The deck was about 10 feet above the ground. At least seven people sustained injuries in the collapse. Fortunately, none of the injuries are believed to be life-threatening. At least one person suffered a head injury and five persons had to be rushed to the hospital with injuries. According to Cobb County officials, no children were injured in the deck accident. The injured included a group of adults who were having a cookout.

Premises liability claims in Georgia can be brought against private homeowners. Besides the owner of the property, the tenant or occupant at the time of the injury can be held liable in a premises liability claim. Often, persons are injured at the homes of people they know. It can be hard to bring a claim against a friend or relative. However, it’s important to know that most claims are settled through liability insurance policies.

Published on: July 2, 2010

Prevent Fireworks Injuries on the Fourth of July

by Robert N. Katz, Esq.

Prevent Fireworks Injuries on the Fourth Of July

With just a few days to go to everyone’s favorite holiday of the calendar, it’s important to keep in mind that every year, approximately 9,000 people have to be rushed to emergency rooms with fireworks-related injuries on the Fourth of July.

Not all fireworks are allowed under Georgia law. Sparklers, party poppers and snakes are allowed, but shooting rockets and any other fireworks that explode in the air are not permitted. If you insist on having your own fireworks party, make sure that you have a sober and responsible adult in charge of the festivities. Keep the following safety tips in mind: