Medical Malpractice Payments Continue to Fall

More evidence revealing that rising health care costs have nothing to do with medical malpractice lawsuits and that changing the liability system will do nothing to curb costs, but will be deterimental to injured patients and their families.  The National Practitioner Data Bank has recently reported that fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record.

The value of malpractice payments was also the lowest since 1999. Adjusted for inflation, payments were at their lowest since 1992, a Public Citizen analysis of the NPDB shows.

According to the analysis, healthcare spending rose 83 percent from 2000-09, while medical malpractice payments fell 8 percent (both figures are in unadjusted dollars.)

 

Distracted Driving - Are Digitized Billboards a Collision Risk?

 

Efforts are underway to go beyond cracking down on distracted driving from cell phone use and text messaging. The new culprit?  Digitized billboards. The New York Times is featuring a piece on the risks posed by digitized billboards.

The number of digitized billboards advertising products, broadcasting news headlines, and announcing sports scores, is growing every day. The brightly lit billboards are visible from a great distance away, and give companies the chance to grab motorists attention. They also pose an additional source of distraction.

The billboard industry insists that the distraction is minimal. Opponents say the accident risks outweigh any benefits.

A Virginia Tech Transportation Institute study in 2007 noted that digitized billboards did not change driver behavior any more than regular billboards, but that study has drawn criticism once it was discovered that the billboard industry funded it. The Virginia Tech researcher has called for more studies into the crash risks from these billboards.

As an Atlanta car accident and personal injury lawyer, I believe we need those additional studies very soon. We should confirm whether the risks are the same for both digitized and traditional billboard. The number of digitized billboards is rapidly growing and possibly the number of car wrecks on Georgia’s highways.

Georgia's Highway, Motorcycle Safety Programs Threatened by Political Deadlock

 

Political gridlock in the nation’s capital has led to thousands of Department of Transportation employees being furloughed without pay, and has cut off essential funding to state highway and auto safety programs. As an accident lawyer in Atlanta, I am very concerned at how long this impasse will continue, and how badly it will affect motorist and trucking safety in Georgia.

On Sunday, the DOT issued a statement saying that it would be furloughing up to 2000 workers belonging to the National Highway Traffic Safety Administration, Federal Highway Administration and the Federal Motor Carrier Safety Administration. The stalemate also affects highway funds that the federal administration provides to states to conduct safety programs.

The deadlock began when Kentucky Sen. Jim Bunning blocked a piece of legislation that would've extended highway programs and unemployment benefits to transportation workers. It is likely that this deadlock will soon be resolved, but states around the country are already sending out distress signals about their fears over slashed highway safety funds. According to the Commercial Vehicle Safety Alliance, if the funding cuts go on past the middle of this week, it will impact trucking safety. The Commercial Vehicle Safety Alliance is comprised of police officers who are specialized in trucking enforcement. This sub agency is funded in part by the Federal Motor Carrier Safety Administration. With funding now hanging in a state of limbo, several states will be impacted adversely. Smaller states will bear the brunt of the blocked federal funding.

Atlanta accident lawyers will also be concerned about motorcycle safety programs, drunk driving crash prevention measures and efforts against distracted driving, which will now be impacted by the funding standoff.

It's unfortunate that political bickering is threatening the safety of ordinary Americans.  It is my hope that this crisis is resolved soon and funding for essential safety programs is resumed quickly.

Atlanta Truck Accident and Personal Injury Lawyers Applaud FMCSA's Launch of a Website for Pre-Employment Screening of Truck Drivers

 

Truck safety groups and accident lawyers around Georgia will welcome the launch of a new website that will allow trucking companies to screen drivers before they are hired.

Last fall, Transportation Sec. Ray LaHood announced that the Federal Motor Carrier Safety Administration would launch a website that would provide access to driver safety records. The website was launched this week. Employers can now access up to five years of a potential employee’s accident history, and up to three years of his inspection history. The program uses data from the Motor Carrier Management Information System. Employers who use the system will access the same information that’s available to police officers and FMCSA staff. The data is not yet available on the website, but should be online in the next couple of months.

The website marks a step forward in trucking safety. One of a trucking company’s responsibilities in preventing truck accidents is the hiring of competent, trained and experienced drivers with a good driving record. This website will make it easy for trucking companies to screen employees before making the decision to hire.

An easily accessible system like this has been necessary for quite a while now. As an Newnan truck accident attorney, I have been calling for the Federal Motor Carrier Safety Administration to get more involved and proactive in bolstering driver screening programs. The information on the website will be available not just to trucking companies, but also to the truck drivers themselves, who will be free to use the report as part of their job application. This makes the entire process of hiring truckers much more transparent.

CNN Anchor Anderson Cooper Named in Slip and Fall Premises Liability Lawsuit

 

Keeping their premises safe is not something even the famous can neglect. CNN anchor Anderson Cooper is being named in a lawsuit filed by a New York interior designer, who claims that she fell through a hole in the floor of his new home.

The designer, Killeen O’Brien, says the accident occurred in the anchor’s newly purchased house, which used to be a fire house. The fireman’s pole had been removed, but the hole remained uncovered. O’Brien says she fell though the hole, a fall of close to 17 feet. She is naming Cooper, as well as Cary Tamarkin, who is the developer of the property, in the lawsuit.

A 17 feet fall is no laughing matter. Injuries sustained in a fall this high can be serious, or as O’ Brien’s lawsuit says, even fatal. Injuries in such falls range from broken bones, head/brain injuries, spinal cord injuries and even death. 

You don’t expect to trip, slip and fall in someone else’s property. Property owners are required to keep the premises safe and well maintained to prevent injuries and accidents. Keeping a property safe doesn’t mean that a visitor or guest is not expected to exercise reasonable care for themselves on the premises. However, it does mean that the property owner must take reasonable care to safeguard the property.

Here are a few things you can do to avoid coming up against an Atlanta premises liability lawyer.

  • Make sure that walking surfaces are slip resistant and free of obstructions. For instance, shopping aisles must be from free of cartons and boxes lying unattended on the floor.
  • Make sure that walking surfaces are free of grease and water spills. If you’re a retailer, must make sure than any accidental spills are cleaned up as quickly as possible.
  • Provide firm and strong handrails and guardrails for support.
  •  Waking areas must be well illuminated
  • Stairways must be well it.
  • Care must be taken to stack merchandise safely to avoid these falling on top of shoppers.
  • Snow and ice must be removed from the steps and front of buildings or commercial premises.

Atlanta Truck Accident Lawyer Supports Ban on Texting for Truckers

 

As an Atlanta truck accident lawyer, I am pleased to see federal agencies taking decisive steps to promote truck safety and prevent accidents. In the latest such measure, the US Department of Transportation has announced a ban on texting while driving for all commercial truck and bus drivers. The ban is effectively immediately.  Considering the DOT’s war on distracted driving, I wasn’t too surprised that the ban was enacted.

The ban comes soon after the Federal Motor Carrier Safety Administration announced that it would be revising the hours of service rules for truckers. New rules can be expected in the next few months, and these will hopefully set consecutive working hours back to 10.

 

As long as the federal government is on a roll with these commendable steps, I believe it should go the distance and implement a number of other measures that this Atlanta truck accident lawyer has been hoping for years. These include

 

  • Mandating onboard recording devices on trucks that monitor the number of hours the trucker has driven, by tracking the number of times the vehicle is switched on and off
  • Mandating seatbelts on all buses
  • Mandating sleep apnea screenings for all commercial truck drivers. If the government wants to deal with trucker fatigue-related accidents, it would make sense to also deal with the other major factor in trucker fatigue.
  • Putting aside all plans to increase the weight limit of tractor trailers on our highways. The trucking industry has been lobbying hard for bigger and heavier trucks that would allow companies to transport more cargo in a single trip. We don’t need heavier trucks on our highways. What we do need are stronger laws that prevent accidents involving our current-sized trucks.

Boy Dies in Tractor Trailer Accident in McIntosh County

 

A speeding truck is being blamed for a fatal accident over the weekend on I-95 in McIntosh County, Georgia.

 

According to news reports, a family of five was on its way to Florida, when their minivan was rear ended by an 18 wheeler. The force pushed the minivan off the highway and into a swamp. A three-year-old boy, in his child safety seat, was killed when the seat could not protect him from the crushing impact of the collision. His parents and siblings were also injured in the accident. The driver of the tractor trailer will likely face criminal charges.

 

The accident occurred two days after Christmas, and as a parent and Atlanta truck accident lawyer, my heart goes out to the family of the little boy.  Investigations into the accident will likely look into the driver’s history and any safety violations.

  

  • Did he have any other speeding violations on his record?  
  • Had he been involved in any previous accidents?
  • How long had he been driving without rest?  
  • Were alcohol or drugs a factor in the crash?

To an Atlanta truck accident attorney, this accident is yet more proof that trucking companies have to be very sure of those whom they hire to get behind the wheel of such a dangerous instrumentality. This is a tragedy that need not have occurred had the truck driver followed a few simple rules.

Atlanta Personal Injury Lawyer Advises Safe Driving in Icy Weather

 

A few weeks ago Atlanta motorists were struggling with relatively rare weather conditions, as several inches of snow fell on much of Atlanta and northern Georgia. Those who aren’t prepared for driving on slick, snow covered streets must exercise extra caution.

 

One woman was killed in North Atlanta on interstate 75 when her car slid off the slippery roads. Icy roads have also been blamed for a multi vehicle accident involving 29 cars near Atlanta’s Hartsfield Jackson International Airport. Three people were injured in that crash.

Department of Transportation officials encourage people not to go out, unless it is absolutely necessary. Dozens of flights in and out of Atlanta were cancelled, and schools were shut down for several days. The snow fall here is nothing compared to the record breaking blizzard that raged through Washington, New Jersey and other parts of the country during Christmas time and left hundreds of accidents in its wake. But for those who are accustomed to sunny skies and clear visibility, these conditions can be intimidating.

 

As an Atlanta car accident lawyer, I would advise motorists to take special care while navigating snow covered streets.

 

  • Avoid driving like transportation officials have advised, unless it’s an emergency, or absolutely essential. Many Altantans don’t have much experience driving on snow-covered streets, and a freak snow storm is not the right time to learn how to drive in bad weather.
  • If you absolutely have to drive, drive at slow speeds.
  • Remember that any potholes on the road will be covered by snow.
  • Before you drive, check your tire pressure. The pressure can drop in freezing weather. Also check the tire tread depth.
  • Clear all ice and snow from your vehicle, including car windows and roof.  
  • This will allow you to see clearly.
  • Keep sufficient distance between your car and the vehicle in front of you.
  • If you feel your car is skidding, don’t slam on the brakes or step on the gas pedal in panic. Instead, pump your brakes, take your foot off the accelerator and steer till you regain control.
  • Keep your headlights on.  This will not only allow you to see the roads, but will allow other motorists to see your car.
  • Make sure you’re updated on weather predictions to avoid getting caught in a possibly dangerous situation.

Jason Schultz is an Atlanta Personal Injury and Wrongful Death attorney helping victims of auto and truck accidents in the metro Atlanta area receive compensation for serious injuries.

Teen Accident Fatality Rates Continue to Concern Georgia Auto Accident Lawyers

 

As an Atlanta auto accident lawyer and the father of children who will soon join the ranks of young motorists on the road, I am particularly interested in issues of teen motorist safety. A new report by the National Highway Traffic Safety Administration assures me that my concerns are not unfounded.

 

According to the report released last month, young drivers are involved in fatal accidents at rates that are disproportionate to their share of the motorist population. While these drivers made up 9 percent of the national population as of 2007, they constituted 19 percent of traffic deaths in the country. Among the most important findings of the study was that fatalities in accidents involving young motorists aged between 15 and 20, make up one-fifth of all traffic accident deaths in the US.

Nationwide, about 2/3rd of people killed in fatal accidents involving young drivers were either the motorists or their passengers. Out of these passengers, 67 percent were the same age group as the motorist.

 

As I drilled down into accident fatality data for Georgia, I found that:

 

  • Young drivers accounted for 120 fatalities in 2007. Their passengers accounted for a total of 95 fatalities. Out of this, 7 were below 15 years of age, 70 were between 15 and 20 years, and 18 passengers were more than 20 years old.
  • Occupants of the other vehicles made up 74 fatalities
  • Non occupants accounted for 11 deaths in these accidents.
  • Overall in Georgia, 300 people were killed in young driver related accidents in 2007.

I have blogged in the past about the high rates of accident deaths on Georgia’s rural roads compared to its urban areas.  The NHTSA report shows that this difference exists even where teen accidents are concerned. Nationwide, 56 percent of all fatal accidents involving young drivers occur on rural roads. These drivers accounted for 57 percent of nationwide fatality rates.  This statistic is likely due to poorly maintained and designed rural roads, as well as speeding and drunk driving.

Atlanta Motorcycle Accident Lawyer - Tribute to Harry Hurt

 

Atlanta motorcycle accident lawyers and motorcycle safety groups have lost one of the world’s pioneering authorities on motorcycle safety.  Harry Hurt, of the Hurt’s Report, died last week at the age of 81.

 

As an Atlanta motorcycle accident lawyer, I believe Hurt’s biggest professional achievement was the Hurt Report, which investigated 900 motorcycle accidents in Los Angeles between 1976 and 1977. The investigation led to a better understanding of the causes of motorcycle crashes. The findings were published in 1981, and the research has not been followed by another motorcycle crash study since. The findings of the Hurt Report have helped American regulators understand the causes of motorcycle crashes, leading to the development of safety procedures to reduce them.

Among the Hurt Report’s primary findings were some that were quite startling at the time.

  • Speed was not a factor in most motorcycle accidents.
  • Helmet use could prevent serious injuries, such as brain injuries and fatalities.
  • Most accidents occurred when motorists violated the motorcyclist’s right of way.

Harry Hurt’s interest in motorcycle safety began early. As a graduate student, he participated in a project to develop a crash helmet, which is used as a prototype of sorts for modern helmets. However, it was only after he joined the University of Southern California as faculty, that he really developed an interest in motor vehicle safety.

In the years since the Hurt Report was published, there have been major enhancements made to motorcycle safety.  Helmet use is now considered the single biggest factor standing between a motorcyclist and traumatic brain injury. We also know now that motorcyclists are often injured because of a motorist’s failure to yield. Unfortunately, the time has come for new studies into motorcycle crash causation. Fatality rates in these accidents have increased by more than 100 percent over the past decade.  It would be the ultimate tribute to Harry Hurt if we follow up his 1981 ground breaking study with a new one that might provide some answers and solutions to the current high fatality rates in motorcycle wrecks.