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

A fellow Georgia trial lawyer shared the following story from trial about a client who suffered a traumatic brain injury from a fractured skull.  A very real, documentatable and serious injury, no doubt.  Throughout the course of the case and at trial, the client maintained that his poor grades were the result of his brain injury.  At trial, the insurance company's lawyer whipped out page after page from Facebook of the client partying at college "to show the real reason" for the poor grades.  The judge allowed the Facebook entries into evidence for impeachment.  The jury returned an inadequate verdict for the brain injured client.

A picture is worth 1000 words, so the old adage goes.  "Tagged" photos of injury clients doing anything other than looking miserable are likely to be intrepreted negatively by jurors.  Do you stop laughing or smiling after you have been injured?  Do you stop living?  This Fayette County Georgia Personal Injury Lawyer certainly hopes not.   Avoiding a Facebook disaster is paramount in people's lives, careers and when they seek redress for negligently inflicted harm.   

• Email This
• Print
• Comments
• Trackbacks

While the overall number of automobile and car accidents in the metro Atlanta region declined by as much as 14% over the past ten years, the number of pedestrian accident fatalities actually increased. Those statistics concern this Atlanta Newnan Peachtree City Wrongful Death Lawyer.

The information comes from a report Dangerous by Design by Transportation for America. According to the report, the metro Atlanta region including Atlanta-Sandy Springs-Marietta ranks as one of the top twenty most dangerous areas for pedestrians in the country. 

This area was ranked #11 with 798 pedestrian accident fatalities between 2000 and 2009.  The average number of annual pedestrian accident fatalities here was 71 in 2000, but spiked to 94 by 2004. In 2009, the average number of pedestrian fatalities had stabilized at 77, an increase over a decade. This increase was seen during a time of decline in overall traffic accident fatalities.

Some groups of pedestrians seem to be at much greater risk. Pedestrians over 65 are much more likely to be killed than younger people. The report also highlights the different safety concerns involving Hispanics and black communities, as well as people belonging to lower-income groups. The higher death rates among minority and lower income groups are generally thought to be related to the higher volume of pedestrian traffic in these groups.

• Email This
• Print
• Comments
• Trackbacks

http://www.truckinginfo.com/news/news-detail.asp?news_id=74280

Stability control systems to prevent rollover accidents involving tractor-trailers have been around for a while now, but the federal administration does not mandate these in all trucks. The National Transportation Safety Board wants that to change.

The Board made these recommendations in its investigative report into a serious tanker truck rollover accident in Indianapolis in 2009. In that accident, the tanker truck loaded with more than 9000 gallons of LPG flipped over on an Indiana highway, and exploded in flames. There were no fatalities in the accident, but at least five people, including the tanker truck driver, were seriously injured.

The National Transportation Safety Board cited several factors leading to the crash. According to the Board, the driver's excessive and faulty steering maneuvers caused the tank to detach from the tractor. The report also blames faulty road design for the accident. Most of the blame was placed on the fact that the tanker truck was at an increased risk of a rollover because of its high center of gravity, and was not equipped with the kind of technology that would prevent a rollover.

The National Highway Traffic Safety Administration believes that as many as 106 lives could be saved every year in tanker rollover accidents. There are more than 3600 such rollover accidents every year, and stability control systems on trucks can help prevent these events.

As an Atlanta truck accident attorney, I believe that stability control is especially necessary in tanker trucks, which carry liquid cargo. These liquids can move inside the tank, causing a shift in weight. Tanker trucks account for only 6% of the total truck traffic, but comprise 30% of all fatal commercial truck rollover accidents.

• Email This
• Print
• Comments
• Trackbacks

The ultimate tragic irony. It’s a motorcycle accident story that garnered plenty of attention a few weeks ago. A motorcyclist in New York, who was participating in a protest against the state's mandatory helmet laws for motorcyclists, died in an accident after he suffered serious head injuries.

The fifty-five-year-old motorcyclist was protesting with 550 other motorcyclists when his motorcycle fishtailed, throwing him off. He sustained fatal head injuries. According to the physicians who attended to him, he would likely have survived the accident if he had been wearing a helmet.

Much has been made about the irony of the situation - that a man protesting a motorcycle helmet law died from injuries that could have been prevented had he been wearing a helmet. However, in all the commotion, one fact has been ignored. Every day, across the country, several motorcyclists are killed in accidents even when they're wearing helmets. 

Determining the efficacy of motorcycle helmets in preventing fatal injuries can be tricky. The National Highway Traffic Safety Administration believes that wearing a motorcycle helmet can substantially reduce your chances of being fatally injured in an accident. In fact, according to agency estimates, in 2008, motorcycle helmet use could have saved as many as 1,829 lives in accidents. The agency also believes that in that same year, more than 800 people could have been saved if there had been mandatory motorcycle helmets laws across the country. However, every year, hundreds of motorcyclists are killed in accidents even though they were properly wearing a helmet.

As an Atlanta motorcycle accident lawyer, I believe that the focus tends to lean overwhelmingly toward the role of a motorcyclist in keeping himself safe by wearing a helmet, as opposed to the responsibility of motorists to look out for motorcyclists. Most accidents that I come across involve motorists who fail to slow down for motorcyclists, or fail to lookout for them. Many of these involve serious life altering injuries in which a helmet would have made little difference.

• Email This
• Print
• Comments
• Trackbacks

For too long, bicyclists in Georgia have been at risk of accidents caused when cars and trucks drive too close for comfort. Atlanta bicycle accident attorneys believe that a new bicycle safety law that went into effect on July 1 will help reduce the risk of such accidents.

The law, enacted on May 11, 2011, is called the Three-Foot Law, and requires motorists and truckers to maintain a safe distance when they pass bicyclists. The new law requires a car or truck to maintain a space of at least 3 feet between the vehicle and bicycle until the vehicle passes.  Motorists found in violation of the law can be held liable in a civil action if the violation causes injuries.

Gas prices are up and more Atlanta residents are bicycling to work and to run errands.  Atlanta bicycle accident lawyers expect to see more bicyclists riding among motorists who are not necessarily attuned or sensitive to their safety.

As an Atlanta bicycle accident lawyer, I would like to see more attention paid to increasing awareness about this law.

• Email This
• Print
• Comments
• Trackbacks

A study by the National Research Council indicates that in spite of record lows in accident fatalities in 2009, the US continues to fare very poorly in preventing accidental deaths, compared to other countries.

The NRC specifically compared the US and other countries, including Britain, France, Japan and Australia. The study had some very disturbing facts for Atlanta car accident lawyers.   Although it does seem like we have made great advancements in minimizing fatal traffic accidents in our country, progress has been slow. For instance, since 1995, France has been able to reduce its traffic accident fatality numbers by 52%, while in the US, those numbers have declined by just 19%. Countries like Japan, Australia and Britain also fared much better than the US when it comes to progress in reducing accident fatalities.

According to the NRC, we could make more progress in saving lives if we implemented tougher drunk driving laws and enforced them.  For instance, sobriety checkpoints are almost a fact of life in many European countries. In the US, the beverage industry and other vested interests have been successful in lobbying for restricted use of sobriety checkpoints. This in spite of the fact that these checkpoints have been found to reduce the number of drunk driving accidents in Georgia and around the country.

The NRC also credits widespread use of speeding cameras in other developed countries for their lower fatality rates. In this country however, the use of speeding cameras has been a matter of controversy and debate.

As an Atlanta auto accident lawyer, I don't believe that serious injuries or fatalities should be the price that we pay for driving. Fatal accidents don't have to be a fact of life of transportation in this country. Simple steps like increasing sobriety checkpoints, using speeding camera systems and strict enforcement of distracted driving laws will save hundreds of lives every year.

• Email This
• Print
• Comments
• Trackbacks

The family of a motorcyclist who was seriously injured in an accident last week in Henry County has pleaded for the public to come forward with any information that can help locate the hit-and-run motorist responsible for the crash. 

The motorcyclist, a young father of three boys was riding his motorcycle at about 8 PM, when his motorcycle was struck by a Toyota Highlander. The Highlander was being driven by a young woman. Her car struck the motorcycle, throwing the victim several feet away from the point of impact. He sustained numerous injuries, and remains in a critical condition. According to witnesses, the Highlander driver simply drove off from the scene

Henry County police believe that the crash was caused when the woman failed to yield to the motorcycle while turning left. The victim’s wife has launched an appeal for information about the driver of the Highlander. 

Georgia motorcycle accident attorneys know that most of these crashes are caused due to motorists lack of attention.  Most motorcycle accidents can be prevented if motorists simply look for motorcycles before changing lanes or turning.  A motorcyclist is easy to miss if your full attention is not on the road.  This is another tragic example that highlights that all of us need to take extra precaution and care while driving.

Jason Schultz is a Georgia motorcycle accident lawyer, helping injured victims of motorcycle accidents in Georgia recover compensation for their injuries.

• Email This
• Print
• Comments
• Trackbacks

According to the results of a new study by the AAA Foundation for Traffic Safety, one out of every 10 drivers admitted to driving while sleepy over the past year. More than a quåarter admitted to being so sleepy that they had trouble focusing. That should be enough to wake up Georgia’s state agencies to this public threat.

The study looked at crash data from the National Highway Traffic Safety Administration. It found that approximately 17% of all motor vehicle accidents in the US are the result of sleepy drivers. As many as one in every six fatal car accidents in the US are the result of drowsy driving compared to three out of every six fatal accidents that are linked to drunk driving.

While every state has laws against drunk driving, only one state - New Jersey - bans drowsy driving. Maggie's Law was enacted after a 20-year-old woman was killed in an accident caused by a driver who fell asleep behind the wheel. The National Sleep Foundation has been campaigning heavily for more education and awareness about the effects of lack of sleep on driving.

Driving while sleepy impairs a person's judgment, slows down reaction times, and delays response time. Sounds familiar? Those are also the effects of intoxicated driving. According to the National Sleep Foundation, driving while sleepy has the same negative impact on a person's driving abilities as driving under the influence of alcohol or drugs. 

As a Georgia wrongful death and personal injury attorney, I don't expect legislation against drowsy driving very soon in Georgia. However, Georgia State Patrol and local law enforcement agencies should conduct more awareness campaigns to educate drivers about not driving when they are sleepy.

• Email This
• Print
• Comments
• Trackbacks

Well, it's a step in the right direction.

Allstate has agreed to pay a $10 million regulatory settlement, New York State Insurance Superintendent James J. Wrynn announced yesterday. The agreement follows an 18-month targeted National Association of Insurance Commissioners (NAIC) multi-state market conduct examination of Allstate’s claims handling practices.

“Allstate has agreed to implement procedures to ensure transparency and fairness for consumers who have bodily injury claims,” Wrynn said. “The new processes ensure that claims will be handled consistently in different regions of the country, and consumers will have the right to get the information they need in order to understand how Allstate evaluates their claims and make sure they are fairly treated.”  The examination focused primarily on Allstate’s use of claims handling software, Colossus.

For years, Colossus has  been used to guide Allstate's settlement offers for bodily injury claims after automobile accidents. The examination found inconsistencies in Allstate’s management and oversight of the Colossus software program. In particular, the examination found that Allstate had failed to modify or “tune” the software in a uniform and consistent manner across its claims handling regions.

Under the settlement agreement, Allstate agreed to make a number of changes to its claims handling process, including:

1. Providing notice to claimants that the Colossus software program may be used in the adjustment of their bodily injury claims;
2. Enhancing its management oversight of Colossus to ensure that it adheres to established criteria and a uniform methodology in selecting claims to be used to “tune” or modify the software to reflect recently settled claims;
3. Strengthening its internal auditing of Colossus and bodily injury claims handling to ensure adherence to written guidelines and procedures;
   Consolidating its bodily injury claims handling practices into a single claims handling manual; and
4. Not establishing a policy or rule requiring claims adjusters to settle bodily injury claims solely on the value recommended by Colossus and not providing incentives for claims adjusters to settle claims at or near the value recommended by Colossus.

For now, we will have to wait and see whether Allstate will make good on its agreement.

• Email This
• Print
• Comments
• Trackbacks