seatbelt law

Published on: March 3, 2015

Highway Safety Group Recommends Stronger GDL Laws, Primary Enforcement Seat Belt Laws for Georgia

Highway accident fatalities in Georgia have been on the decline over the past few years, but the state could make more progress towards keeping more motorists safer on its roads. That is the opinion of Advocates for Highway and Auto Safety, an organization that rates all 50 states each year on their highway safety performance.

The report ranks states in three color-coded categories – green, yellow and red. Green signifies the best performance and indicates that the state has complied with most of the group’s recommended highway safety laws, and yellow signifies that while the state has made some progress in complying with these laws, there still remains a lot more work to be done. Red is the worst rating on the scale and is only given to those states that have failed to enact important safety laws.

This year, Advocates for Highway and Auto Safety gave Georgia a Yellow rating for its performance in complying with critical safety laws that help prevent accidents.The group ranked states based on the state’s compliance with laws related to child restraint use, seat belt use, drunk driving prevention, distracted driving prevention, graduated driver licensing laws, motorcycle helmet laws and others.

Published on: January 9, 2012

Georgia Troopers’ Annual Click It or Ticket Campaign to Minimize Car Accident Injuries

by Robert N. Katz, Esq.

Georgia State Troopers have kicked off their annual seatbelt enforcement campaign during the holiday season, aimed at making sure that motorists and children are safely restrained in their vehicles to prevent a personal injury in auto accidents.The campaign coincided with the start of the year’s biggest and most accident-prone holiday season.

One of the most frequent questions asked of personal injury lawyers is whether there is an increase in car accidents at any particular time of year. Well, the calls for help to attorneys certainly increase at holiday time. Over the holidays, more Americans travel than at any other time of the year.Largenumbers of motorists drove across Georgia to spend Thanksgiving with their families.Over the following few weeks, holiday traffic increased as people rush to stores to buy gifts, leading to a culmination of holiday travel plans between Christmas and New Years’.

Not only were there more motorists on the roads over the holiday season than during any other time, but many of them were in less than perfect condition for driving.The numbers of intoxicated motorists spikes around Christmas, reaching a peak during New Year’s.Additionally, most holiday drivers are less patient, and in a hurry.Besides, holiday shoppers are less focused on safety, and more focused on finding a parking spot.All of these factors severely increase the risk of car accidents.

Published on: October 7, 2010

Fatal Georgia School Bus Accident Reignites Seatbelt Debate

by Robert N. Katz, Esq.

Fatal Georgia School Bus Accident Reignites Seatbelt Debate

The death of a 17-year-old student in a school bus accident in southern Georgia this week has again raised questions about whether the state needs to make it mandatory for all school buses to come with seatbelts.

The accident which occurred on Monday afternoon, involved a school bus that overturned on Highway 113.The victim, a 17-year-old boy was ejected from the bus.As the bus rolled over, he came under the bus, and was crushed to death.At least 10 other students on the bus suffered injuries.

Published on: March 25, 2010

Pickup Truck Drivers to Buckle Up Per Georgia Senate Bill

by Robert N. Katz, Esq.

Georgia Senate Passes Landmark Bill Requiring Pickup Truck Drivers to Buckle up

On this very blog, we have frequently discussed Georgia’s failures in enacting mandatory seatbelt laws that include pickup truck drivers. The law relegated Georgia to the backwoods of traffic safety, with our state being the very last in the country to hold on to an archaic law allowing pick up occupants to go without bucking up. Not anymore. The Georgia Senate has passed a bill that will make it mandatory for pickup truck drivers to buckle up.

The failure to buckle up contributes to the deaths of approximately 67% of all pickup drivers killed in accidents. Those rates have galvanized Atlanta car accident attorneys, and citizens groups. Buckling up might be pure common sense, but as we have seen, you need laws to get people to do the sensible thing and save their own lives. With this bill, pickup drivers in Georgia will have a much higher chance of surviving an accident.

Published on: November 19, 2009

Georgia Kicks Off Holiday Seatbelt Enforcement Campaign

by Robert N. Katz, Esq.

Thanksgiving season is upon us, and it’s time for the Turkey, the family get together, and the need for greater care while driving around Georgia.

The year’s biggest holiday is also its deadliest. Accident rates spike during the 102-hour period, killing and injuring several motorists and passengers. Anticipating massive holiday travel, Georgia officials have kicked off the “Click it or Ticket” campaign. The seatbelt enforcement campaign began on Monday, and will last through the holiday weekend. There will be severe patrols, and officers will stop vehicles to check for seatbelt usage.Enforcement will go on during the day and night.

Last year, 19 people died in Georgia during the Thanksgiving weekend, and 1,457 people were injured in a total of 3,815 accidents. According to the Governor‘s Office of Highway Safety, 136 lives could have been saved last year only if the victims had remembered to wear seatbelts.

Published on: February 20, 2009

Georgia Bill to Allow Seatbelt Use Evidence in Accident Trial

by Robert N. Katz, Esq.

There’s a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim’s right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant’s lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim’s failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim’s right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant’s negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant.That defeats the purpose of civil justice.

Published on: January 28, 2009

Seatbelt Laws, Accident Rates, and a $4 Million Grant for Georgia

by Robert N. Katz, Esq.

Georgia’s ongoing budget crisis may actually be a blessing in disguise for the state’s motorists – the state has an incentive for passing seatbelt laws that come in the welcome form of a $4 million federal grant, which would not only add to the state’s depleted coffers, but also reduce the number of accident-related fatalities in the state.

The state is the last one in the country that continues to allow pick up truck drivers to drive without seatbelts.All minors and adults are required to buckle up on other vehicles, however. This pick up truck exemption has come in the way of a fund of $4 million which the federal government has tied to a state’s enactment of seatbelt laws.Georgia however has stubbornly refused to make it mandatory for pick up drivers to snap on their seat belts, and has lost out on the funding, thus far.

Now however, the situation is markedly different, and cries for mandatory seat belt laws that can help save thousands of lives a year, are getting louder. One of the weapons in the armor of proponents of making seat belts mandatory on all vehicles without exception, is of course the $4 million grant that the state would receive if it passed these laws.The state currently faces a budget deficit that is set to exceed $2 billion, and with the economy in the shape it’s in, there’s no telling how deep the deficit could go.