Georgia Injury Law Blog

Published on: January 4, 2010

Increased Highway Construction Work in Georgia Could Increase Accidents

Georgia has 151 approved highway construction projects in the pipeline, all thanks to more than $400 million in federal stimulus funds. That means that in the next few years, there will be dozens of active highway construction, preservation and repair projects across the state. That is good news for Georgians who will expect improved infrastructure to enhance connectivity, boost local economies and create jobs. It may also however, create conditions that place Georgia motorists at a higher risk of accidents.

A New York Times report shows how failure to enforce uniform and strict laws governing construction work zone safety have killed thousands of Americans and injured many more. In the past five years. 4,700 people have been killed in accidents on highway work zones, and another 200,000 people have been severely injured.

The problem with highway work zone safety is that there is no national set of laws that governs work zone safety. As a result, you have laws that differ widely from state to state. Few states have strict systems in place to enforce work zone safety rules. These rules involve placing appropriate warning signs and barriers, correct and safe placement of unused construction equipment, the proper implementation of rolling road blocks to facilitate slow movement of traffic through a zone, and others.

Published on: January 1, 2010

Two Killed in a Ford Rollover Accident in Atlanta

by Robert N. Katz, Esq.

Ford Explorers are no strangers to controversy, and have been linked to hundreds of incidences of rollovers. In the most recent such rollover accident involving a Ford, two people died in Atlanta when their Ford Explorer suffered a tire blowout and flipped over. There were 6 occupants in the Explorer, and three of them were ejected. Four people were injured in the accident.

The Ford Explorer has been linked to more incidences of rollovers than other SUV’s. Earlier this decade, Ford found itself in the middle of a controversy related to defective Firestone tires that were prone to blowouts, causing the Explorers to roll over. The tire defect involved tread separation which caused the tire to disintegrate, leading to loss of control over the vehicle. While Firestone tires were blamed for these rollover accidents, Atlanta personal injury lawyers also pointed to the design of the Explorer which made it much more likely to flip over in case of a tire blowout at high speeds, compared to other SUV’s.

The Ford Explorer continues to be the center of lawsuits, ending in massive jury awards. This year, Ford was ordered to pay $55 million in punitive damages to a California woman who was left paralyzed when her Explorer rolled over and the roof collapsed on her neck. Her spine was severed from the impact, and she continues to remain paralyzed. Also this year, a woman in Georgia was awarded $40 million in damages by a jury in Lamar County. The woman Jessica Mundy claimed that a transmission defect in her Explorer caused it to suddenly go into reverse when placed in park mode. As a result, the SUV ran over her, causing spinal cord injuries, and leaving her paralyzed.

Published on: December 30, 2009

Woman Involved in Gwinnett County Bus Accident Denied Bond

by Robert N. Katz, Esq.

A female motorist suspected of causing a serious bus crash on I-85 in Gwinnett County on the 24^th of December has been denied bond. Lawrenceville-resident Joy Christine Wilson has been charged with felony hit and run and DUI.

The accident occurred when Wilson crashed her Honda Accord into a small passenger bus belonging to a organization called “Just People Inc.” Just before she struck the bus, witnesses on I-85 reported that a black Accord was being driven recklessly. As a result of the impact, the bus flipped over and crashed into a guardrail. There were 14 people in the bus, including the driver, and three of these people were seriously injured. These injuries have been reported to be life threatening.At least 9 other victims also suffered less serious injuries. Wilson stopped for a brief moment after the accident, but left the scene before police arrived. She returned to the scene, and was taken into custody.

What makes this accident especially heartrending is that the victims in the bus were people with developmental disabilities. Just People Inc. provides support services to such adults, and at the time of the accident, the bus was apparently taking these people to an art class.

Published on: December 29, 2009

Sandy Springs Bicyclist Seriously Injured in Accident

by Robert N. Katz, Esq.

A bicycle accident in Sandy Springs over the Christmas weekend left a 50-year-old bicyclist seriously injured. According to police, the man was cycling when a car crossed right in front of him at an intersection. The cyclist had no way of avoiding the car. The impact threw him off the bicycle and on the road.He suffered head injuries, and was rushed to the hospital. The motorist has been charged with failure to yield.

As Atlanta bicycle accident lawyers, we have been concerned at what seems like the slow erasing of bicyclist safety from our surface transportation polices. Last month, Georgia Governor Sonny Perdue announced $65.8 million in transportation projects funded by federal stimulus dollars. Just two bicycle-friendly projects have been earmarked for funds.One is a multi use trail in Fulton County at a cost of $165,000, and the other is a Rails to Trails project in Warm Springs at a cost of $587,000.

On the other hand, there is some reason to cheer.The Federal Highway Administration has released its latest edition of national standards for traffic signs and signals, called the Manual of Uniform Traffic Control Devices (MUTCD).This edition includes specific instructions for the marking of sharrows, or share lane markings. These sharrows are typically marked on a road where there is no space for a bike lane, or when the bike lane is too close to parked automobiles, placing bicyclists in danger of being struck by opening car doors. Sharrows allow bicyclists to maintain safe routes, and also encourage motorists to share the roads with cyclists. Atlanta has plenty of narrow roads that may not allow for a separate bike lane, and we definitely need more sharrows.

Published on: December 26, 2009

New Trucking Companies to Meet Safety Rules

by Robert N. Katz, Esq.

Just in time for Christmas comes a new Federal Motor Carrier Safety Administration rule that increases pressure on new truck and bus companies to meet safety rules, thereby reducing their risk of accidents.The rule went into effect in February this year, but requirement to comply began on the 16^th of December.

According to the new rule, newly registered truck and bus companies will have to comply strictly with the agency’s 16 regulations. These regulations cover driver qualifications, testing for alcohol or substance abuse, repair of truck defects listed by the driver, failure to periodically inspect these vehicles and other safety aspects.If a new bus or truck company violates even one of these 16 regulations, then it stands to fail its safety audit. Also, if roadside bus and truck inspections find additional violations, then the new company may be subjected to an expedited safety audit, and may be fined or even placed out of service.

The FMCSA has also improved the quality of its educational and technical assistance materials, so that these new companies can keep themselves informed about motor carrier safety standards that apply to them, and make sure that they are in compliance with these. The agency believes that the new rule will enhance its ability to identify unsafe motor carriers, and crack down on these companies.

Published on: December 25, 2009

Preventing Holiday Accidents in Atlanta this Season

by Robert N. Katz, Esq.

Accident prevention and safety has been on the minds of Atlanta auto accident lawyers this season. Weather conditions are bound to get harsher, and motorists are also going to have to deal with millions of holiday travelers in a week’s time. The combination of bad weather and heavy traffic can be deadly. That is why when a group of elite truck drivers who have completed millions of miles of driving without accidents, doles out expert safety advice, we are all ears.

The advice comes to us via the American Truck Associations’ Share the Road program, which has professional truck drivers teaching the public about driving safely around 18 wheelers. There is no doubt driving a massive tractor trailer rig that weighs tens of thousands of pounds, requires greater skill and experience than driving a sedan. That is why we would highly recommend these truck safety tips for holiday travelers this winter.

· Always be aware of vehicles in front of you, and keep a sufficient distance between the two vehicles.

Published on: December 24, 2009

Woman in Atlanta Wrong Way Accident Succombs to Injuries

by Robert N. Katz, Esq.

It’s the fourth wrong way driving accident-related death in recent weeks in the Atlanta area. Last weekend, a mother and a son were seriously injured when their SUV collided head-on with another SUV that was traveling the wrong way in John’s Creek. The accident was caused when Raymond Myrand drove his SUV eastbound in a westbound lane. Alpharetta-resident Myrand died at the scene of the accident, while the woman and her 12-year-old son sustained critical injuries.

The Atlanta Journal Constitution now confirms the sad news that the mother has succumbed to her injuries. Her son continues to remain in the hospital, and is expected to recover from his injuries.John Creek police are continuing their investigation into why Myrand ended up driving the wrong way and on a collision path with the SUV.

As Atlanta personal injury lawyers, we have been blogging about a series of such wrong way driving accidents in Atlanta recently. In fact, the mother here is the fourth fatality in such accidents in recent weeks. The dead include a woman who was killed on the 21^st of November when her car was involved in a head on collision with a wrong way driver. The driver in that accident was intoxicated, and has been charged with DUI and vehicular homicide. Three people were injured in that accident, including the women’s two children. Last week, a 25-year-old woman was killed in a head-on collision with a man driving north in the southbound lanes of the Downtown Connector.

Published on: December 23, 2009

Nursing Home Resident Indicted in Roomate’s Murder: Was Neglect Involved?

by Robert N. Katz, Esq.

An unusual murder at a nursing home in Massachusetts is grabbing the interest of nursing home attorneys around the country. Does the murder of a 100-year-old patient at an elder care facility by her 98-year-old roommate qualify as grounds for neglect by staff?

The incident occurred at a nursing home in Massachusetts. The victim, Elizabeth Barrow and was found strangulated in her bed in September this year. Indicted in her death is Barrow’s roommate, 98-year-old Laura Lundquist. Lundquist will likely not stand trial, and has been ordered by a judge to undergo a competency evaluation.

According to the victim’s son, Scot Barrow, his mother had told him that she had been frequently threatened and harassed by Lundquist. Scott was concerned enough about these threats to bring them to the notice of the nursing home authorities. However, his concerns were shot down by staff who said that the roommates got along just fine.

Published on: December 22, 2009

Georgia Slip and Fall Jury Verdict in Favor of Movie Theatre Chain

by Robert N. Katz, Esq.

A jury in Clayton County, Georgia has held that movie theater chain AMC is not liable to a woman, who was injured in a slip and fall accident after she tripped on a wet floor sign at a theater.

The woman, Sue Brown was at the AMC Southlake Theater in 2003. It was Christmas day, and the theater was packed. Just before the end of the movie, a staff member put an A-frame “wet floor” sign to warn about a small spill a few paces outside the theater door. However, by the time Brown reached the spot, the sign had fallen down, and caught as she was in the throngs of people, she wasn’t able to see the sign. Her toe got caught in the handle of the sign, and she fell.

Brown and her husband filed a suit against AMC. Initially, a Clayton Court judge granted a summary judgment for AMC, but a court of appeals reversed that decision. The Supreme Court ruled that slip and fall accident issues, especially those that relate to a retailer’s responsibility to safeguard its premises’ and the responsibility of patrons to look out for their own safety on other’s premises, must be left to juries. The case went to a Clayton County jury, which has now delivered a verdict in favor of AMC.

Published on: December 21, 2009

Settlement Mills vs. Atlanta Trial Lawyers

by Robert N. Katz, Esq.

Stanford Law School professor Nora Freeman Angstrom has published an investigative report” Run of the Mill Justice” in the Georgetown Journal of Legal Ethics. She has scathing remarks for what she calls “settlement mills” – law firms that are involved in the mass resolution of claims. These firms base their business – it might be a stretch to call it “practice” of the law – on taking on high volumes of accident and injury cases and rushing to settle these with insurers, often for low amounts.There is minimal interaction with the client, and the principle is to rush though cases, with barely any of these cases ending up before a jury.

These mills get most of their clients from aggressive advertisements on billboards and television. Most importantly, a settlement mill is rarely interested intaking a case to trial, and getting a fair value for the client. The report makes very interesting reading, and Angstrom does not hold back as she names law firms, including one in Georgia, that she characterized as having low jury trial rates.

It’s not often we hear a law expert openly calling out these settlement mills by name, and as Atlanta personal injury trial lawyers who believe in fighting for justice for every individual client, we agree with what she says. Not every accident case will go to a trial. Very often, clients reach favorable settlements without having to go to court. However, if a case cannot be resolved during settlement negotiations, it’s important that your Atlanta personal injury attorney be equipped with the resources, skills, preparation and expertise to take your case to trial, and win.