Georgia Personal Injury Law Blog : Atlanta Georgia Injury Lawyer & Attorney : Jason R. Schultz Law Firm : Wrongful Death, Malpractice, Car Accidents : Georgia

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.

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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.

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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 2/3^rd 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.

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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.

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Cobb County police are blaming driver error for a tragic pedestrian accident last week that killed a 5-year-old school girl. According to the Atlanta Journal Constitution, Karla Campos was getting off her school bus when 82 year old Edith Anderson’s car struck the little girl.

Police believe that Anderson erroneously placed her foot on the gas pedal, instead of the brake pedal. As the car accelerated, she panicked. Anderson tried to avoid hitting a stopped car in front of her, but then swerved to the right and into little Karla instead. The girl was rushed to an Atlanta hospital, but died soon thereafter. Police do not believe that speed, alcohol and drugs were the cause of the tragic incident.

The debate over driving privileges for the elderly is a volatile one, as senior citizens would be the first to remind us that they are involved in far fewer accidents than teen motorists. In Georgia, there are some restrictions on senior drivers. Motorists above the age of 64 are required to renew their licenses in person, and may be asked to take a vision test and a written knowledge test. Motorists may also be required to submit a medical certificate, attesting that they are physically fit to drive. The Department of Driver Services will also re-examine a motorist’s driving skills, and his/her physical and mental condition. In case of physical or mental issues that could possibly impact a motorist‘s ability to drive, the driver will be given a restricted diving license that limits the geographic areas in which he/she can drive, or require the installation of special devices in the car to aid safe driving.

Driving privileges contribute to senior heath. Studies have shown that when elderly motorists have their driving privileges taken away, some suffer low self esteem and depression. It remains important for elderly motorists to be aware of their own limitations and to restrict their driving when the effects of aging begin to  impact their driving ability.

Jason Schultz is an Atlanta personal injury lawyer helping victims of automobile and car accidents in Atlanta receive their rightful compensation.

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Last year, a looming recession and high gas prices put a damper on travel plans in Georgia over the four-day Thanksgiving weekend. This year, however, the scenario is different. Gas prices are down, the economy seems to showing signs of recovery and overall, there is none of the panic and insecurity of the last months of 2008. That translates into general overall willingness to travel and enjoy the holiday weekend.

In fact, according to the American Automobile Association (“AAA”) , nationwide there will be more numbers of vehicle on the roads this year, than there were during Thanksgiving 2008. According to the AAA, there will be 38.4 million Americans traveling approximately 50 miles or so throughout the weekend. That is an increase of 1.4 percent over 2008, when 37.8 million Americans traveled during Thanksgiving.

In Georgia, we can expect a 3 percent increase in holiday travel compared to last year. Approximately 1.2 million people in Georgia are expected to travel over the weekend, and most of these will be using interstates, state highways and country roads. The number of people flying over the weekend is expected to be approximately 77,000.

In 2008, even with a lower number of travelers on the road, there were 3,815 accidents over the Thanksgiving holiday that killed 19 people and injured 1,457 others. The Governor’s Office of Highway Safety has already kicked off seatbelt enforcement campaigns, and these will continue through the weekend.

This year, there will be special focus on Georgia’s rural roads. More deaths occur on our country roads, which tend to be poorly maintained and used by speeding and drunk drivers. The Georgia State Patrol has confirmed that they will focus not only on the interstates, but rural roads as well to crackdown on seatbelt violations, speeding and drunk driving.

As you begin traveling home for Thanksgiving, remember to

• Buckle up. Even when you’re in the back seat.
• Don’t drink and drive. Have a designated driver if you plan to drink.
• Stay within safe speeds

Jason Schultz is an Atlanta personal injury lawyer helping victims of auto crashes in the metropolitan area recover the compensation they deserve.

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With the cries from all sides about “health care reform”, death panels, government takeovers, and rationing of care, now tort reform has been thrown into the mix. American Association of Justice published "Five Myths about Medical Malpractice Negligence."  I reprint it below.

It is especially interesting since the Georgia Supreme Court is currently considering whether to SB3’s $350,000 cap on non-economic damages, which passed in 2005, is constitutional.

“Tort Reform” in the medical arena will do practically nothing to lower health care costs, and certainly will not fix whatever perceived ills there are in the “broken health care system”. However, it will most definitely hurt patients injured through no fault of their own. Seemingly, the effects of legislation on real people have somehow evaporated from the discussion.

To break through all the hyperbole, lies, and distortions, the American Association for Justice today released a new report, "Five Myths About Medical Negligence." The next time a cable news pundit or your neighbor starts talking about tort law changes, chances are this manual will rebut their claims.

As the health care debate moves forward, here are the key myths and facts:

Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.

Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.

Over 98,000 people die every year from preventable medical errors. That's like two 737s crashing every day for a whole year. Instead of focusing on tort law changes that won't fix health care, let's make sure people aren't injured in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.

Read more at: http://www.huffingtonpost.com/anthony-tarricone/calls-for-tort-reform-des_b_345438.html&cp

You can view AAJ President Anthony Tarricone’s article on the Huffington Post and link to the article by clicking here.

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A series of bus accidents in recent months in Georgia and around the country have focused attention on our antiquated bus safety laws, including the failure to mandate seatbelts on buses, and have better scrutiny of motor coach companies.

As an Atlanta bus accident lawyer, I have been particularly troubled by the fact that NTSB recommendations to the FMCSA to mandate seatbelts on buses have been ignored for several years. That’s why it is very encouraging to read about the National Highway Traffic Safety Administration and its Motor Coach Safety Action Plan that aims to prevent accidents and minimize injuries.   The plan includes measures that will

• Require on-board recorders that will prevent motor coach drivers from operating their vehicles for longer than stipulated by federal laws. This will minimize the number of bus crashes that are caused by driver fatigue, like the one involving a casino bus in California that killed 11 people last year.
• Ban drivers from text messaging while at the wheel, and place restrictions on the use of cell phones while driving. Studies have shown that the risk of accidents increases by 23 percent when a driver is texting at the wheel.
• Make it harder for shady bus operators to be able to quickly rename companies and continue operations, when they are forced to shut down after violations have been found. Such unscrupulous companies find it easy to cover their tracks after an accident, making it hard for investigators to find out who owns the bus.
• Require seatbelts on buses.
• Develop stronger roof crush and collapse standards to prevent the kind of serious injuries that often occur when the roof of the bus disintegrates in a collision.

The Department of Transportation has already indicated its intention of adopting these measures. Seatbelt use may have prevented the kind of serious injuries and fatalities that occurred in the Bluffton University bus accident in Atlanta in 2007, which killed 7 occupants. The NTSB recommended seatbelts, and their use, on buses several decades ago, but the Federal Motor Carrier Safety Administration has failed to act on these recommendations.

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I recently came across this new report by the National Highway Traffic Safety Administration titled Motorcycle Helmet Use and Head and Facial Injuries. The study was conducted by the agency to determine the relationship between the use of helmets by motorcyclists and the kind of accident outcomes, including type of injuries, hospital costs etc. 

The study used data drawn from 18 states, and analyzed 104,472 motorcyclists who were involved in accidents in these states between 2003 and 2005. Of these motorcyclists, 57 percent were wearing helmets at the time of the accident, while 43 percent were non-helmeted.  A few key points emerged from the study.

• In both the helmeted and non-helmeted group, 40 percent of motorcyclists either received injuries that were serious enough to require treatment in the hospital, or died in the accident.

• However, the percentage of unhelmeted motorists who sustained moderate to severe head/facial injuries was 6.6 percent, compared to 5.1 percent of motorcyclists who were not wearing helmets at the time of the crash.

• 15 percent of helmeted motorcyclists suffered Traumatic Brain Injury (TBI) compared to 21 percent of unhelmeted motorcyclists.

• Approximately 9 percent of unhelmeted motorcyclists sustained minor to moderate TBI, compared to 7 percent of helmeted motorcyclists.

• More than 7 percent of motorcyclists who were not wearing helmets sustained severe TBI, compared to 4.7 percent of helmeted motorcyclists.

The study also measured the average hospital charges for motorcyclists who survived an accident. Not surprisingly, hospital charges were 13 times higher in case of motorcyclists who sustained a TBI. In cold hard numbers, that is an average charge of $31,979 for patients with TBI vs. $2,461 for those who didn’t sustain TBI.

It is unlikely that a NHTSA study will do much to change riding behavior in those who do not wear a helmet while riding a motorcycle. For such people, I would recommend a look at these websites to understand how Traumatic Brain Injury can impact your life, and the high chances of sustaining one if do not wear a helmet when riding a motorcycle.

National Institute of Neurological Disorders and Stroke

TBI Resource Guide

American Occupational Therapy Association

Jason Schultz is an Atlanta motorcycle accident lawyer, helping injured victims of motorcycle accidents in Atlanta recover the compensation they deserve.

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