"No" to Funds, Reduced Accident Rates: Seatbelt Law Rejected by House Committee

Posted on March 31, 2009 by Jason Schultz

 

It seems that neither the promise of federal funds nor the prospect of being able to save precious lives every year are enticing enough for Georgia’s lawmakers to pass a seatbelt law that would require all pickup truck drivers to buckle up, thus reducing the number of accident fatalities. The House Consumer Affairs subcommittee has voted 4-3 against a bill that would require pickup truck drivers above the age of 18 to fasten their seatbelts. The Senate had earlier approved the bill, like it has done over the last 3 years. Each year, the House has blocked the bill, ensuring that pickup truck drivers continue to be able to drive without buckling up, and increasing their chances of being killed or seriously injured in an accident.

 

With the rejection of the bill, Georgia continues to be the only state that does not require adult pickup drivers to compulsorily wear seatbelts. In January this year, I had listed out a series of benefits that could motivate lawmakers to pass the bill including a $4 million grant that the state could receive if it would bring pickup drivers under mandatory seatbelt laws. There had been expectations this year that the $4 million grant would be enough incentive for lawmakers to pass the bill. After all, Georgia is currently battling a budget deficit, and federal funds could have been used to kick start road safety improvement programs that have been stagnant for a while due to lack of funding. Proponents of the seatbelt law, including Atlanta car accident lawyers had hoped that the grant would result in funding for the expansion of Georgia’s trauma care network. The House however, has chosen to reject the bill, although supporters have moved to have the measure reconsidered another day.

 

The measure to make seatbelts mandatory for all pickup drivers has had huge support within the state, with a majority of Georgians supporting such measures. Critics of the bill argue that pickup drivers don’t need a law to be motivated to wear seatbelts, and that the prospect of walking away with minor injuries after an accident should be sufficient incentive for drivers to buckle up. It’s a fact that people are more likely to obey cold, hard laws. After all, most motorists are aware of the dangers of drunk driving, and yet thousands of people are killed or seriously injured in alcohol-related crashes every year. Those numbers would have been far greater if weren't for the presence of strong DUI laws that prevent so many from getting behind the wheel in an intoxicated state.

 

The seatbelt law could result in approximately 24 lives saved per year and more than 400 injuries prevented.  That alone should be enough motivation to pass the bill.

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Georgia Teen Accidents: House Passes Bill Banning Cell Phone Use

Posted on March 23, 2009 by Jason Schultz

 

Earlier this year, I discussed efforts being made by Peachtree City Representative Matt Ramsey to ban cell phone use by teen motorists to stem the accident rate among members of this age group. On March 12th, the House voted for Rep. Ramsey's bill 138-34, marking a tougher approach to teen cell phone use behind the wheel.

 

The bill which now goes to the Senate, threatens drivers under the age of 18 who continue to text message or talk on their cell phones with fines or even a license suspension. The only exceptions that teen motorists will be able to claim is in the event of a lifesaving call in an emergency, or a call to report a traffic or road hazard. The bill doesn't just extend to cell phones; it also includes computers and other electronic communication devices. A first offense according to the bill, will result in a fine of $100, and if motorists are found to have been using an electronic communication device during a car accident, they could face a 90-day suspension of their license. A repeat offense will result in a license suspension for six months. Those are stiff penalties, and should prove to be a deterrent to many teen drivers who can't seem to hang up.

 

Teen accident rates due to cell phone distractions don’t normally receive the kind of attention they deserve, although Georgia car accident lawyers have been vocal about the problem for a while now.  These motorists are inexperienced and are more likely to take road safety for granted. In recent weeks, however, the issue has received some media coverage. NASCAR Sprint Cup drivers Reed Sorenson and Kasey Kahne have combined with Allstate to educate teen drivers around the country about the dangers of cell phone use behind the wheel. The two are making stops around the country, including a visit to Smyrna, Georgia, visiting high schools and making parents and students sign contracts that will regulate teen driving behavior.

 

Tackling the teen driver cell phone use problem will require the cooperation of parents, teachers and the larger community to educate teen motorists about the dangers they expose themselves and others to when they use their cell phone while driving.  Initiatives like those of Sorenson and Reed can help reach out to teen drivers and get them to think twice before reaching for the cell phone in the car again.

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Georgia Truck Driver Clocks Two Million Miles Without an Accident

Posted on March 17, 2009 by Jason Schultz

A truck driver working for Con-Way Freight Company in Georgia has clocked an admirable milestone – Ken Truman of Gray in Jones County, Georgia has completed two million miles of driving a tractor trailer without being involved in a single truck accident. Truman is only the 88th driver in the company's 25-year-old history to have completed the milestone, and company officials are justifiably proud of their employee. 

Truman has been driving a tractor trailer for Conway since 1988. Since he joined as a driver, there has been a staggering increase in the number of vehicles that he has to share the road with, and that makes his accomplishment even more impressive. It takes extra care and fine-tuned attention to road and traffic conditions to be able to complete two million miles without a single accident to your name, but Truman proves that although it is challenging, it's far from impossible.

 

Truman has been candid about the reasons for his remarkable achievement and they are what Atlanta truck accident lawyers and trucking safety advocates have known all along. He never starts a journey without a complete pre-trip check of the truck, including the steering wheel, brakes, and lights. He makes sure that he checks the weather forecast for the route he is headed on before he begins to drive. Adverse weather can make it harder to control a tractor trailer, especially in slippery or foggy road conditions.

 

It also helped Truman that he knows the power of a good night's sleep for a truck driver. Overworked, overstressed truck drivers who have been "working" the log books – a common enough practice in the trucking industry where a driver manipulates his log books to be able to work longer hours and earn more money– are more at risk for an accident. Driving slowly and steadily without indulging in any undesirable driving behaviors, like sudden lane changes and tailgating have helped this driver pass a crucial safety milestone.

 

As Truman illustrates, it is not impossible to avoid an accident while driving a tractor trailer on a daily basis.  Driving a big rig comes with a whole host of challenges, including the careless and sometimes reckless driving of "four wheelers".  We applaud him for his great accomplishment and hope other truck drivers will follow his example.

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Athens Hospital Making Efforts to Reduce Medication Errors

Posted on March 16, 2009 by Jason Schultz

According to a report from the Institute of Medicine, hospital medication errors injure close to 1.5 million people every year. That’s a lot of mistakes, and many of them will leave patients with serious or even fatal consequences. These errors form the basis of several medical malpractice lawsuits filed in Georgia every year.

In Athens Georgia, St. Mary’s Health Care System has launched a bar-coding system. It's called the Bedside Medication Verification System, and it has cost the hospital close to $1 million. This is how the system works – each patient is given a hospital issued bracelet with a barcode printed on it. The code contains vital information about the patient’s information, including medications and dosage. The drugs in the hospital pharmacy will also have a corresponding barcode labeling. When a nurse visits a patient to dispense medication, she scans the barcode on the patient's identification bracelet, and then scans the medication. A mismatch will lead to a mobile device sounding an alarm, thus dramatically reducing the chances that the patients will be given the wrong dosage or the wrong medication.

 

St. Mary's has been looking for more developed technology that can reduce the number of hospital deaths linked to medication errors. The staff and the hospital have spent close to a year training for the barcode program, and the rollout which began in December last year has slowly expanded to cover almost the entire hospital. Initial feedback from patients and nurses about the effectiveness of the system has been extremely positive. Using the barcode every time nurses have to give a patient his medication, administer and injection or setup an IV drip takes some time, but hospital staff say it’s worth the effort.

 

The Bedside Medicine Verification system is being added to hospitals around the country. It ensures that medication management includes all 5 components that make it 100% safe – right patient, right dosage, right route, right time and right medication. Hospital safety advocates estimate that although the numbers of hospitals installing the system are increasing, these are still available at only about 15% of the hospitals in the country. The cost of purchasing and installing the equipment as well as training staff to use it properly is obviously one of the primary concerns. However, it makes more sense that you invest in a system that cuts down on preventable hospital medication errors, instead of having to deal with Georgia medical malpractice lawyers after these errors take place.

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Georgia Tractor Trailer Accident Traced to Defective Tires

Posted on March 16, 2009 by Jason Schultz

A tractor trailer accident on southbound I-85 on February 24th resulted in an overturned vehicle and injuries to the driver. Edward James Clements Jr. was approaching the Moreland exit ramp when the vehicle apparently hit some barrels.  The impact caused the weight of 41,000 pound of cotton and yarn in the trailer to shift, and the vehicle soon skidded and overturned. Clement suffered non life threatening injuries.

Nobody was injured in this single vehicle accident. According to the preliminary investigation, the driver seemed to be having some trouble with his tires and was attempting to pull over to get a tire fixed. The driver was cited for driving with defective tires, as well as with failure to maintain his lane.

It was fortunate that this accident did not involve other vehicles or injure any other motorists. A massive tractor trailer going out of control can easily create a destructive situation for other vehicles on the road. When a tractor trailer overturns on a busy highway, other vehicles close by are forced to try and avoid the big rig. Multi vehicle accidents result when something like this happens during rush hour. A tire blow out is, by itself, enough to cause serious injuries to surrounding motorists. The force with which shreds of blown rubber fly into the air at high speeds poses a risk to nearby motorists. That's all the more reason why a tractor trailer driver must take care to conduct a complete examination of his vehicle before starting a trip.

 

In the above case, the truck driver could have easily avoided this incident if he had simply checked his tires during his required pre-trip inspection. Instead, he decided to drive a large truck with balding tires that were close to a blowout, placing not just himself but other drivers at risk for serious injuries. The trucking company that owned and operated the tractor trailer was also negligent in its failure to make sure that its vehicles were fit to be operated on busy streets.

Victims injured in an accident with a tractor trailer can file claims against the driver and trucking company involved, if evidence shows that there was failure to inspect and maintain the truck. If you have been injured in a truck accident, contact an Atlanta truck accident lawyer at my law firm for a free consultation.

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Premises Injury Lawsuit Against Marietta Hospital Alleges Sexual Assaults

Posted on February 23, 2009 by Jason Schultz

 

A Marietta hospital is being sued by 7 women who allege that they were sexually assaulted by hospital employees.

 

Six of the plaintiffs were patients at WellStar Kennestone Hospital in Marietta, while the seventh woman was visiting the hospital when the assaults took place between December 2006 and June 2008.  The premises injury lawsuit accuses 3 former employees Eugene Ellis, Rafael Telles, and Eric Robinson of “harming patients, attempt to harm patients, improperly placing themselves in contact with patients, and entering patient’s room in violation of hospital policies and protocols”.  Telles, who has 4 complaints against him, is also facing criminal charges filed in July alleging that he groped a female patient post surgery. Ellis also faces charges after 3 women complained to police about being groped on the hospital premises. His therapist license has been suspended.  The hospital, in a damage control statement, stated that all its employees undergo thorough background verification, including criminal checks before they become WellStar employees.

 

WellStar, in this instance, was responsible for providing a safe and secure environment for patients and visitors. Georgia law requires premises owners to make sure that visitors, guests, patrons and patients are safe on the property. This can include not just safety from falls and other accidents on the property, but also protection from rape and sexual assault. An assault can result when a property owner fails to thoroughly screen its employees before hiring them. For instance, female patients in a hospital are always going to be around male employees, and it's imperative that these men are strictly screened before they are allowed to be in a position where they can harm female patients. A facility can also fail to provide security to visitors by having improperly trained and insufficient numbers of security personnel in charge of visitor and guest security. The property should also be equipped with security equipment such as cameras and phones that can help a victim in danger to call for emergency assistance. Common areas like stairways and parking areas should be properly lit to prevent attacks and assaults on tenants and visitors.

 

When an owner or occupier of land fails to exercise reasonable care to make its premises safe, and a person is attacked or assaulted as a result, victims can file a lawsuit with the help of a premises liability attorney.  The biggest hurdle in such assault cases can be the reluctance of victims to come forward to file a lawsuit against the persons who were responsible for their horrific ordeal.  It's important to understand that Atlanta Georgia premises liability attorneys frequently handle such cases and can recover compensation of the medical expenses, lost wages and physical and emotional pain.  Lawsuits also increase the likelihood that property owners will change their behavior to protect people in the future.

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Georgia Accident Victims Lack Adequate Trauma Care Facilities

Posted on February 19, 2009 by Jason Schultz

A person seriously injured in a car accident in Georgia needs emergency trauma care within one hour to limit the impact of injuries and prevent death. Georgia has more than 150 acute-care hospitals, but only a paltry 15 of them are designated trauma centers.  Most of these trauma centers are located in and around Georgia’s major cities. Unfortunately, a person injured in a serious accident in the south and rural parts of the state actually has a risk of succumbing to his injuries that is approximately 4 times higher than those seriously injured in large cities.

 

Citizen advocacy groups, the media and Georgia personal injury lawyers, who  constantly see the detrimental delays in trauma care, have been pushing hard for change.  At the source of the problem is a severe lack of funding.  Currently, the state needs to spend approximately $80 million annually just to run the trauma network.  Increasing the number of trauma centers and spreading them across the state so people in rural areas can access them will, unfortunately, cost several million dollars more.

 

Trauma is a major cause of death among Americans aged between 1 to 44.  In Georgia, that rate is 20 times higher than for the rest of the country.  Estimates say that close to 700 lives could be saved every year if Georgia had more and better equipped trauma centers to deal with severe injuries resulting from automobile and truck accidents, falls, fires and explosions.

 

Finding reliable sources of funds for any trauma center expansion plan is proving to be tricky. Several bills have been introduced that aim to hike current taxes for other services and channel those funds to trauma center expansion efforts. As I mentioned on this blog earlier, the state has lost several millions of dollars over the years because of its refusal to extend seatbelt laws to all, including pick up drivers who are currently exempt from buckling up. A bill mandating seatbelts for all Georgia residents, including pickup drivers has been sent to the House. If it does become a law, Georgia is available to receive a federal grant of just over $4 million. These funds can then be used for other essential road safety programs, including trauma center programs, which will reduce the number of serious injuries resulting in preventable deaths.

 

February 23rd has been designated as Trauma Day, and Georgia accident lawyers and citizens' groups will be using that day to raise awareness for the need for more trauma care systems in Georgia.

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Georgia Construction Worker Killed in Trench Collapse Accident

Posted on February 12, 2009 by Jason Schultz

A construction worker was killed last week in a trench collapse accident in Cartersville in Bartow County. James Hilbish was killed on February 4th when a trench collapsed during sewer line installation.

The trench was 30 feet deep and ran along 25 to 30 feet beneath the roadway. The accident occurred at noon, and Hilbish presumably died almost instantly, but his body was recovered after more than three hours of rescue operations. Trench rescues are inherently risky, and it took the combined efforts of firefighters from Cobb, Bartow, Calhoun and Gordon counties to mount a rescue effort. As is normal in a situation like this, Occupational Safety and Health Administration (OSHA)officials have launched an investigation into the construction accident

Construction workers who work in trenches or other forms of excavated sites work in some of the most dangerous conditions on a construction work site. There is always the risk of a cave in or the risk of electrocution from touching exposed power lines that run underground. There can be suffocations in these confined spaces, as well as the risk of inhalation of toxic underground fumes. However, these scenarios can be avoided if employers make efforts to keep trench work conditions as safe as possible. Soil that has been excavated from the trench must not be piled too high and too close to the opening of the trench. It can cause the walls of the trench to become weak and cave in, pouring tons of soil on workers in the trench. The use of tools in the trench can create vibrations that may be strong enough to trigger a deadly cave in. For a worker trapped under mounds of soil, death is often the result because rescue operations are difficult to undertake.

 

Georgia Construction Accident Lawyers

 

A construction site is one of the deadliest workplaces in the US, accounting for a large number of workplace fatalities.  Strict OSHA regulations have reduced the incidence of these accidents to some extent, but employers continue to scrimp on safety measures to the detriment of worker safety.  When injuries or fatalities occur, survivors or victims' families can claim compensation not only from the employer, but also any other parties that may have been responsible for the unsafe conditions that resulted in the accident.  If you have been injured in a construction accident, contact a Georgia construction accident lawyer at my office to discuss your options for compensation.  

 

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Georgia Sees Drop In Accident Deaths in 2008

Posted on February 10, 2009 by Jason Schultz

Across the country, most states reported some dramatic declines in accident related fatalities last year, including our very own Georgia, which saw a decline of 12 percent in the accident fatality rate.

That welcome news comes to us via a survey by the Governors Highway Safety Association (GHSA) which has just released the findings of a survey of 44 states. 40 of those states, including Georgia, reported a decline in their accident death rates last year. Leading the list was Massachusetts, which had an admirable 29 percent drop in the death rate. Georgia's death rate drop was marked at 12 percent. These findings only corroborate what other auto safety agencies have been reporting for a while now. The National Highway Traffic Safety Administration (NHTSA)has also reported nationwide declines in accident rates, and the reasons being attributed to the decline are many. The most common theme however seems to be the increase in gas prices last summer, and the economic recession that quickly followed. When people are worried about job safety, they tend to take fewer unnecessary road trips, and also seem to drive slower in order to save on fuel. Slower driving leads to fewer of those devastating high speed crashes that often involve fatalities. 

 

In 2008, many states also instituted efficient and well executed traffic enforcement programs to crack down on drunken drivers and speeding motorists. Seatbelt use in 2008 also rose to more than 80 percent. Automakers have also made safer cars due to increased customer demand for better safety features. All this has meant that you are less likely to become a statistic if you are involved in a car wreck.

 

As a Peachtree City and Atlanta accident lawyer, I have been a passionate advocate of enhanced efforts to reduce the possibility of accidents and deaths. This Georgia Wrongful Death lawyer can help victims of other motorist's negligence obtain compensation for their injuries.

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Georgia Supreme Court to Decide Whether Hindsight Jury Charge Frequently Given in Medical MalpracticeTrials is Error

Posted on February 4, 2009 by Jason Schultz

A medical malpractice case which has implications for future lawsuits brought in Georgia headed to the Supreme Court last month. The case involved four doctors who were cleared of negligence in the treatment of a child diagnosed with Rocky Mountain spotted fever. 

Justin Smith contracted the infectious disease in 2003. He was 13 at the time. The four doctors failed to diagnose his symptoms and he was later rushed to Children's Healthcare of Atlanta at Egleston. By the time he was correctly diagnosed and treated, he had already suffered some amount of brain damage.

 

His parents sued the doctors for $3.8 million, but the four physicians were cleared of all charges by a jury. The doctors were able to prove that since the disease is so rare, they were unable to diagnose the symptoms correctly. Lawyers for the doctors also argued that there had been no permanent damage to the boy's health. Now, the Supreme Court gets to decide if a hindsight instruction given to the jury during that trial was error and whether is affected the outcome of the case. The family's lawyer has argued that the hindsight jury instruction should only be given if there was no information available to the physician at the time. The family claimed that the doctors knew about the tick bite and that that should have been sufficient to constitute foreseeability that some injury would result if their son was not treated. The doctors' lawyers insist that the hallmark sign of the disease, rashes, were not present when the child was brought to them for treatment. 

 

Medical Malpractice Lawyers

 

 

Pursuing medical malpractice claims can be a time consuming and complex process, requiring the expertise of an Atlanta medical malpractice lawyer who has years of experience litigating claims and recovering damages for injured patients. If you have been injured as the result of the negligence of a doctor or other healthcare provider, contact a Georgia medical malpractice lawyer  at my office for a free consultation.

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