Georgia Injury Law Blog

Published on: June 18, 2010

Georgia’s Anti-Distracted Driving Efforts Likely to Decrease Accidents

The Governor’s Highway Safety Association has just released a report that outlines the different steps states have taken to combat distracted driving and thereby prevent auto accidents. The report will be of special interest to persons injured in auto accidents and their lawyers because Georgia has just passed a law that bans text messaging while driving for all motorists.

The report titledCurbing Distracted Driving: 2010 State Safety Programs details the activities and programs undertaken by various states to deal with the problem of distracted driving causing accidents. Georgia ranks very well in certain sections of the report. The state has included distracted driving as part of its Highway Safety Plan. However, Georgia does not collect data about distracted driving-related auto accidents. The National Safety Council estimates that approximately 28% of all accidents nationwide are linked to distracted driving.With statistics like this, it’s about time that Georgia also began collecting data about distracted-driving related auto accidents.

The report also contained the results of a survey conducted in 2008 by the Children’s Hospital of Philadelphia focusing on teen motorists. The survey found that only 28 % of teen motorists believed that talking on the cell phone while driving makes a difference to driving safety.A significant number of motorists in the survey, 57%, said that they had seen their friends talking on the phone while driving a car. However, only 19% had witnessed a friend texting while driving.

Published on: June 17, 2010

Sleep Deprivation as a Factor in Teen Auto Accidents-2

by Robert N. Katz, Esq.

A new study is raising questions about whether delayed school timings could decrease the number of auto accidents in which teenagers are involved. The thought is that helping teenagers get enough sleep at night would allow them to drive more safely the next day thereby decreasing the likelihood of auto accidents.

The study conducted by researchers in Virginia, compared two towns, Chesapeake and Virginia Beach. In Virginia Beach, classes started at around 7:20 AM, and the number of auto accidents involving teen motorists there was 41% higher than the number of auto accidents in Chesapeake, where the classes started at around 8:40 AM.

This wasn’t the first study that indicated that lack of sleep may be another contributing factor increasing a teen motorist’s risk of an accident. Last year, a study published in the Journal of Clinical Sleep Medicine, found that there was a reduction in teen auto accident rates by approximately 16.5% when school times were delayed by an hour.

Published on: June 13, 2010

Preventing Injuries — Seatbelt Reminder for Georgia’s Pickup Truck Drivers

by Robert N. Katz, Esq.

Last week Gov. Sonny Perdue signed a new bill requiring all pickup truck drivers in Georgia to wear seatbelts while driving their trucks. The bill takes direct aim at persons who die and are injured in truck accidents each year. According to the Georgia Department of Transportation, there were more than 70,000 auto accidents involving pickup trucks in Georgia last year. These killed 187 drivers and 40 passengers and resulted in a large number of personal injuries. Many of these deaths and injuries could have been prevented if a law had required all pickup truck drivers to buckle up.

Wearing seatbelts should be a matter of common sense, and not a law. It shouldn’t require a law to get pickup truck drivers to do the one thing that could dramatically reduce their chances of injuries or death in a truck accident. However, legislators in rural Georgia have always managed to scuttle any proposal to require seatbelts for pickup truck drivers despite the number of injuries and death caused by truck accidents each year.

With this new law, Georgia will not only manage to save lives and prevent injuries every year, but will also be eligible for federal highway funds. For years, Georgia has lost out on its share of federal funds, because of its failure to enact mandatory seatbelt laws for all.

Published on: June 11, 2010

Study Shows Drunk Driving Still a Major Problem among College Students

by Robert N. Katz, Esq.

In spite of all efforts by college and university authorities to crack down on binge drinking, drunk driving and other alcohol-related issues facing college students, there seems to have been little progress made on this front. In a new study, too many college students admitted to riding with a drunk driver, driving after drinking and driving while intoxicated. Of course, the risk of severe injuries in auto accidents dramatically rises when a drunk driver is involved in the accident.

Researchers at the Center on Young Adult Health and Development at the University Of Maryland School of Public Health followed 1250 college students over four years. The students were interviewed every year about traveling in a car with a drunk driver, driving after having a few drinks and driving under the influence of alcohol.

The researchers found disturbing results. After the first year, more than 40% of the students admitted to traveling in a car with a drunk driver, while more than half said they had driven after drinking. Approximately 20% said they had driven while drunk.

Published on: June 10, 2010

Fewer injuries for unbelted motorists with Airbag deployment

by Robert N. Katz, Esq.

It seems like a cruel trade-off. A new study shows that motorists involved in auto accidents who are wearing seatbelts may actually be at a higher risk of fatal injury in an accident when their vehicle is equipped with airbags, compared to unbelted motorists, who suffered fewer injuries.

The study conducted by the Insurance Institute for Highway Safety focused on more than 3,600 motorists between 2004 and 2007 who were involved in auto accidents. The researchers were stunned to find that motorists who used their seatbelts were up to 21% more likely to suffer fatal injuries in an auto accident, compared to motorists who were not wearing their seatbelts. The airbag designs in all these cases have been around since 2004, and, since 2008, have been part of the federal mandate for airbags. That means there are millions of cars out there equipped with these airbags, which seem to protect unbelted motorists against injury after an auto accident better than they do motorists who are safely buckled in.

There are no solid explanations for the results, but there are some theories out there.

Published on: June 9, 2010

McDonald’s Recall Throws Spotlight on Injury risk from Cadmium Exposure

by Robert N. Katz, Esq.

It doesn’t look like McDonald’s wants to be at the receiving end of injury claims resulting from parental ire over its massive recall of drinking glasses last week. It is no accident that the company is offering a three dollar refund to parents who come in to return the glasses. The glasses were initially sold for two dollars each. McDonald’s clearly recognizes the risk of injury the glasses pose to children.

Last week, McDonald’s announced a massive recall of approximately 13.5 million drinking glasses that were painted with characters from the Shrek movies. It was meant to be part of a promotional effort with McDonald’s teaming up with the makers of the last of the Shrek movies, Shrek Forever After.Soon, testing showed that the paint, used in the designs of the glasses, contained cadmium, an injury causing substance. The designs featured four Shrek characters including Shrek, Fiona, Donkey and Puss in Boots. As soon as McDonald’s found the high cadmium levels in the paint, it informed the Consumer Product Safety Commission, and announced the recall in an effort to stop any child from being injured.Parents who have bought these glasses can return these to the nearest McDonald’s restaurant for a refund.

It’s also the right time for Atlanta injury lawyers to focus attention on the risks of cadmium. It seems like concerns over lead-tainted products are slowly declining, and cadmium-related hazards are coming up in their place. Cadmium is a known carcinogen, and is found in shellfish, cigarette smoke and industrial settings.

Published on: June 6, 2010

Yamaha Rhino Gets Product Liability Verdict for Plaintiff

by Robert N. Katz, Esq.

A Georgia jury this week awarded a couple, damages of $317,000 in the first product liability lawsuit related to injuries from Yamaha Rhino All-Terrain Vehicles.

Roger McTaggart was injured in 2007 when his ATV flipped over, trapping his leg. He suffered crushing injuries in the accident. McTaggart filed a lawsuit against Yamaha, alleging defects in the Rhino ATV. According to his attorneys, the accident occurred on a flat piece of land on which it should have been safe to ride an ATV. McTaggart claimed in his lawsuit, that the Yamaha Rhino should’ve come with doors that would have contained the rider’s legs, thereby preventing crushing injuries in case of a rollover..

Not surprisingly, Yamaha insisted that the injuries were caused not because of any inherent stability defect in the Rhino, but simply because the driver operated the vehicle in a reckless manner. It’s highly likely that Yamaha will pursue this line of defense in most of the Rhino product liability lawsuits that are pending against it. Yamaha plans to appeal the verdict.

Published on: June 4, 2010

Bicycle Accidents — Safety Programs Reviewed

by Robert N. Katz, Esq.

Not everyone who begins biking takes part in a bicycle safety training program. It also doesn’t help that there are no valuable resources for novice or beginner bicyclists in Georgia. That’s why it’s good to see an online bicycle safety training program developed by a group of University of Georgia graduates for a bicycle advocacy group called Bike Athens.

The training program is available for free online, and consists of 36 slides, all containing bicycle safety instructions. There are interactive videos and quizzes designed to make the process fun. The program’s focus is on defensive driving tips for bicyclists, and includes modules on bicycle safety checks before you ride. This is something a lot of bicyclists, especially beginners, neglect to do. It’s important to know that your bicycle is primed and ready for a ride and that brakes and quick releases are all functioning properly.

Athens has a large concentration of bicyclists who will find this program useful, but a safety program like this is recommended not only for bikers in Athens, but elsewhere across Georgia. It’s not likely that experienced bicyclists, who have been biking for years, will find the safety modules interesting or useful. However, for novice and beginner bicyclists who very often get involved in accidents, the online safety program offers easy tips and helpful advice.

Published on: June 3, 2010

Distracted Driver Survey Shows Range of Distractions

by Robert N. Katz, Esq.

There’s not much comfort to be had from the realization that people in other countries seem to be just as distracted behind the wheel as Americans are. The results of a survey released last week show that, across the world, motorists take the task of driving far too casually, and continue to indulge in activities that take their concentration away from the road.

The survey was conducted by Jabra, a unit of GN Netcom, and included respondents from Europe, North America and Asia. According to the survey:

· 28% motorists have sent or received text messages while driving (no surprises here)

Published on: May 29, 2010

DeKalb and Emory to Partner in Care for Abused Elderly

by Robert N. Katz, Esq.

DeKalb County, Emory Healthcare Partner to Care for Abused Elderly

It is one of the first such initiatives anywhere in the country, and as Atlanta elder abuse lawyers, we are extremely proud that DeKalb County will be home to an exclusive elder abuse shelter and treatment center. DeKalb County prosecutors and Emory Healthcare are partnering up to provide a safe haven for senior citizens who are abused and have nowhere else to go.

Under the partnership, emergency workers will bring patients would have been abused to the geriatric center at Emory Health Care, which is donating a few beds for this very purpose. These elderly persons will be treated, and then be examined to look for any signs of physical abuse, and if the doctors determined that abuse has taken place, prosecutors will move in to prosecute the cases.