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

 

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.

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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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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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An Atlanta resident was killed in a hit and run car accident over the weekend. While his family mourns the death of Howard DePass, police are continuing their search for the two men in the SUV that struck him.  On Saturday night, DePass was driving home when he was struck head-on by a Ford Expedition. The two occupants of the Expedition got out of the SUV and fled on foot.

Police have determined that the Expedition was stolen. They are investigating leads, but so far, no one has been arrested. According to his family, DePass was a hardworking man who was looking forward to seeing his daughter graduate in May.

 

Every year, the National Highway Traffic Safety Administration releases statistics regarding traffic fatalities from the previous year. It includes details of people killed in drunk driving accidents, speeding-related car accidents, motorcycle crashes and pedestrian accidents. These statistics help law enforcement agencies understand how successful their accident prevention efforts have been, and what they need to focus on to prevent accidents in the future. In Georgia last year, there were a total of 1,493 deaths in traffic accidents. Behind each of those 1,493 fatalities is a shattered family, for whom the loss doesn’t end with a new year and a new set of statistics. The emotional loss for these husbands, wives, and children, is incalculable. Although Georgia's wrongful death laws can help these people hold the responsible party accountable for his/her negligence, there is no law that can help these families feel whole again or bring back a loved one lost due to carelessness.

 

Jason Schultz is a Georgia wrongful death attorney, helping families of victims of others' negligence recover their full and rightful compensation under Georgia law.

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As an Atlanta personal injury lawyer and parent, I try to follow any new developments on issues facing teen motorists and their parents. A new study shows that teen motorists who own their cars have a higher risk of accidents than those who have to share their car with others.

The study, conducted by experts at the Children's Hospital in Philadelphia, revealed other disturbing facts. The teenage children of parents who are generally uninvolved with their driving habits are at greater risk than those who stay informed about their teen’s whereabouts.

 

According to the study data, 25 percent of teen motorists who didn’t have to share their car with others were involved in accidents, while only 10 percent of teen motorists who had to share their car were involved in an accident.  So, why does owning a car increase the risk of accidents so significantly for teen motorists? Researchers believe it’s because they feel “entitled” to their own car, and thus making them less careful while driving. As an Atlanta personal injury lawyer, and former teenager, I have have to agree. Driving is not a right, but a privilege. A teen who owns a car is more likely to feel no real obligation or responsibility to another that accompanies its use.  On the other hand, sharing a car generally entails asking parents for the keys. Parents are then more likely to be aware of driving habits and their teen's whereabouts.

 

The statistics are certainly disturbing. Each year, more than 5,000 people die in accidents involving teen motorists. Roughly 3,000 of those fatalities are teen drivers.  In fact,motor vehicle crashes are the #1 cause of death for American teenagers.  It is nice to know that there is something we, as parents, can do to reduce risks that our teen drivers face. Parents can and must get more involved in order to reduce these terrible tragedies.  Tracking devices are a great option to help in making teens accountable.

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Two women were killed in an accident yesterday after their car was struck by a pickup truck fleeing Clayton County police.  According to the Atlanta Journal Constitution, Clayton County police saw the driver of the pick up truck, Christian Harris, slow to talk to a woman beside the road in an area known for prostituion.  As police walked up beside the truck, it sped off 'recklessly" and they gave pursuit when the men fled the scene.  Within a brief time, the pick up truck  struck a Saturn.  The impact of the accident sent the Saturn airborne. The woman inside were killed.  After the accident, Harris fled the scene, but Harris was later arrested.

The Clayton County Police Department is considering a meeting to review the chase, and the Georgia State Patrol will also conduct its own review. This accident is bound to trigger off debate about high speed police chases, and if one was necessary in this case. The number of police pursuits increases every year, even in the face of statistics showing ever increasing deaths in these pursuits. The National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System reflects that from 1998-2007, crashes involving police pursuits resulted in an average of over 350 deaths per year, and these statistics do not include the thousands of serious injuries resulting from these pursuits. Studies also show that a lack of training increases the risk of pursuit related injuries, not only because the officers do not have proper training as to how to engage in a pursuit, but also because they do not have proper training as to when to initiate or discontinue a pursuit.

My heart goes out to the families of the two women who were in the Saturn. They were doing nothing wrong, and had to pay the ultimate price for what may turn out to be an unnecessary high speed pursuit.

Wrongful Death Laws in Georgia

 

 

Georgia law allows the families of victims killed due to another's negligence or recklessness, to recover for the wrongful death of a loved one. Families can recover both the economic losses and the non-economic (value of life to oneself) damages as well as for funeral, burial expenses and medical expenses. If there was any conscious suffering, that is compensable as well.

 

Jason Schultz is a Fulton, Clayton and Fayette County wrongful death attorney who represents survivors of victims killed because of other's negligent actions.

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A study by the Centers for Disease Control and Prevention shows that there is a need for greater enforcement of laws that prevent bars and other drinking establishments from serving customers who are too intoxicated to drive. Binge drinking is a problem, and a factor in most of the 11,000 fatalities that occur every year in drunk driving accidents.

The CDC study focused on 14,000 binge drinkers - people who admitted that at least once a month to drinking more than 5 alcoholic beverages on a single occasion. 12 percent of the respondents in the survey said that they had driven a car within two hours of their last binge. That is one in 8 binge drinkers who saw no problem getting behind the wheel while intoxicated. The study also showed that half of the drove off after drinking at a bar or club had consumed 7 or more alcoholic drinks, while 25 percent of those had at least 10 drinks.

CDC researchers are calling for stronger enforcement of laws that prevent establishments from serving drunk customers. Georgia’s dram shop liability laws hold restaurants, bars and nightclubs liable for providing alcohol to a patron who later causes injury to others, who was noticeably intoxicated and the establishment knew or should have known they were about to drive. Proving those elements can be very difficult unless the drunk driver has receipts and there are eyewitnesses who corroborate that the person was drunk and about to drive. 

However, as Fulton County car accident lawyers often see, such dram shop laws are some of the most under enforced laws in the country. It obviously suits the restaurant or bar to continue to serve alcohol to its customers, even when they have had too much to drink. Unfortunately, enforcement of these laws are difficult and far too little consideration given by those establishments serving alcohol as to what will likely happen once the drunk driver gets behind the wheel.

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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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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 12^th, 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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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 23^rd 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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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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If the following prospects are not tempting enough for Georgia's lawmakers to mandate seatbelt use on all pick up trucks:

1. Reduced number of injuries during car accidents.
2. Substantial drop in fatalities from collisions, and
3. More Georgia residents walking from their mangled cars unscathed instead of dead or maimed - - - 

there is another carrot that is looking juicy to our nearly-bankrupt state. It comes in the form of a $4 million grant that Georgia would be eligible for if it would only stop holding out on a complete extension of its current seat belt laws to cover all motor vehicles in the state.

Currently, children and adults in all vehicles are required to buckle up, but pickup drivers have so far been exempt from the seat belt laws. That exemption is the only thing standing between Georgia and a $4 million federal grant that the federal government has tied to stricter seatbelt laws. The money might have seemed like something we could ignore in years gone by, when there wasn’t a $2.3 billion budget deficit staring us in the face. Now more than ever, the prospect of a $4 million grant is looking more attractive than ever, and proponents of measure, including auto safety experts, insurance companies as well as this Atlanta car accident lawyer, have been joining in the chorus for stricter seatbelt laws. Lawmakers who have been pushing to include pickups have found that the budget deficit has given their proposal a strong boost.  Currently, Georgia is the only state to exempt pickup drivers from mandatory seat belt laws.

 

Seatbelts Can Prevent Atlanta Car Accident Injuries and Deaths

 

The use of seatbelts, along with air bags, are the most important safety features we can avail ourselves to and if what it takes for the state's pick up drivers to buckle up is a law that requires them to, then so be it. As an Atlanta, Peachtree City and Newnan car accident attorney, I have often seen the effects of the failure to wear a seat belt in car crashes, and the long term effects they can have on a person's life and on the Medicare and Medicaid programs. Any law that can prevent more serious and permanent injuries on the roads of Georgia, certainly gets a thumbs up from me.

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Peachtree City Representative Matt Ramsey (R) is working on legislation to ban cell phone use among teen drivers in an attempt to reduce the number of car accidents that involve motorists from this age group. Rep. Ramsey plans to introduce the bill this session in the Georgia Assembly.

The new laws specifically target drivers under the age of 18, and if passed, will ban all cell phone use – talking, texting and instant messaging or emailing on phones while driving.   The laws will be backed by stiff penalties for cell phone users – a $175 fine for a first time violation, and a $500 fine for a second offense. If a cell phone driver is found to have been using his or her cell phone at the time of an accident, he will face a 90-day suspension of his license, and in case of a second offence, he will lose his license for a period of six months. At least one other representative who is working on a similar proposal thinks that Ramsey's proposed legislation may involve stiffer penalties than are warranted. Rep. Mary Margaret Oliver (D-Decatur) is also working on a similar bill after her last two attempts were unsuccessful in the Assembly. According to Oliver, Ramsey's proposed penalties may be a trifle harsh, but she hopes they can work together to find a compromise that will deter cell phone use among teen drivers, while being fair to them.

 

Georgia has lagged behind other states in imposing effective legislation to deter drivers from using their cell phones while driving.  Currently, only school bus drivers are banned from using their cell phones behind the wheel, but mounting evidence from road accident statistics suggests that there must be quick changes made to the state's laws. Every year, thousands of automobile accidents can be traced to a motorist's use of a cell phone at the time of the crash. The Metrolink train accident that killed 25 people in Los Angeles has been traced in part to an engineer's use of his cell phone to send text messages to a rail fan. That crash has stirred a nationwide debate for more restrictions on cell phone use not only in trains, but also on our roads. Just this week, the National Safety Council made a call for a complete ban on all cell phone use that would apply to all segments of the population.

 

Studies have shown that cell phone use can affect a person's ability to drive safely, to the same extent that alcohol can. Yet, we treat drinking and driving as the reprehensible offense it is, and treat persons who use cell phones when they drive, with kid gloves. Georgia now has a chance to update its antiquated and sorely inadequate cell phone laws, so that more car accidents caused by such distractions can be prevented.

 

If you or a loved one has been injured in an accident in which the other motorist was distracted by a cell phone, an Atlanta personal injury attorney can help you recover compensation for your losses and suffering.  Contact a Peachtree City car accident lawyer for a free consultation.

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The death rate from automobile accidents in Georgia over the New Year's holiday was exactly as the State Patrol expected. The Georgia State Patrol had estimated that there would be 20 deaths between the 20^th of December and 3rd of January, and that's exactly how many deaths have occurred. The numbers of people who have been injured in accidents across the state were significantly below what the Patrol had predicted, however – 870 injuries as against the prediction of 1350 by the State Patrol. There were a total of 3008 accidents that took place over the New Year's holiday week, and 17 of those involved fatalities. 

The accident and death rate statistics over the New Years' have also been more encouraging than the statistics over the Christmas weekend which were aggravated by the poor wet weather conditions plaguing much of the state. 24 people died as they traveled across Georgia to meet up with family and friends over the Christmas holiday, a count that was much higher than the State Patrol's projected estimate of 19 deaths. Many of the fatal accidents could be attributed to wet weather that had left roads slick and slippery. Several accidents, especially single vehicle ones could also be traced to alcohol use. These tend to be the most frequent types of accidents over any holiday season, and reach their peak during New Years' which is arguably the biggest drinking holiday of the year. Over Christmas this year, State Patrol says they cracked down on a large number of drunk drivers. This is in spite of the all the pre-holiday anti drunk driving education programs that are conducted in Georgia.

 

Many accidents were also traced to the mechanical failure of cars that simply couldn't cope with the slippery roads. Interestingly enough, the floundering economy seems to have had a part to play in this. With many people out of jobs or extremely anxious about the status of their current employment, motorists have been less inclined to spend money maintaining their cars, such as replacing old worn out tires. Safe driving in bad weather requires that your vehicle be in top shape to take on the additional challenges.

 

Drivng in bad weather or during a heavy traffic holdiay season soesn't have to be the nightmare it is for law enfircement agencies.  A little extra caution and care while driving in heavy traffic or in bad weather can prevent most accidents.  As a Peachtree City car accident lawyer, I see all too ofter how negligence behind the wheel can cause injury or death to another motorist who may have been following all the rules of the road.  If you or a loved one has been injured in a car accident, contact a personal injury lawyer at my office for a free consultation or download a FREE copy of my book entitled "The Ultimate Guide to Accidents in Georgia".

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A man who died in an accident involving two pick up trucks near Hoboken has been identified as James P. Batten. Batten was driving a 2006 Toyota Tundra with his 34-year-old son Jason in the passenger seat, when his pick up collided with a Toyota Tacoma driven by Kendall Aubrey Willis.

According to this report, the accident occurred when Willis fell asleep at the wheel of his pick up. His truck veered over the center line and into the west bound lane and incoming traffic, where the Tacoma crashed into the Batten's pick up. Batten swerved to avoid a collision with the other pick up, but Willis' truck slammed against the other vehicle, sending it into a ditch, and overturning it. While the older man died, his son sustained minor injuries in the accident. Willis suffered serious life threatening injuries, and is currently recovering at the hospital.

 

This isn’t the first time we've had an accident occurring because one of the drivers dozed off at the wheel. Unfortunately, drowsy driving is a major cause of accidents across the country, causing approximately 100,000 crashes every year, and is also one of the most underestimated causes.  At least 1550 deaths are caused each year by these accidents.   The numbers, although alarming, may actually be just the tip of the iceberg. It's harder to monitor drowsy driving than it is to book a drunk driving offender. There's no technical equipment available to ascertain the levels of fatigue and drowsiness the motorist was driving under. Plus, motorists may not reveal the truth about their drowsy state at the time of the accident. The actual number of deaths caused by people driving when they should be counting sheep in their sleep may actually be higher than the above mentioned statistics. 

Data shows that drowsy driving may be more prevalent than we imagine. A responsible driver might think twice about driving under the influence of alcohol, but since drowsy driving is not a crime in most states, it's considered more acceptable to be behind the wheel in a sleepy state than it should be. The effects of sleepiness are the same that alcohol causes, and can be just as dangerous. People who work in shifts, work long hours, or suffer from insomnia, sleep apnea, or other sleep disorders are more at risk for causing such accidents. Yet, New Jersey is the only state in the country that has specific laws against drowsy driving.  Georgia, like most other states, has no specific liability laws that apply to drowsy driving.

 

As an Atlanta car accident lawyer, I fail to understand why we continue to ignore what is a major risk to motorists on the road.  It's high time driving fatigued or drowsy was recognized as the menace it is so those that share the road can be spared needless deaths and serious personal injuries that occur each year.  

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Last month 15 people were injured in a Saturday pile-up on a GA stretch of I-85 just south of Atlanta. Four separate accidents were reported on a 200 yard stretch of the interstate near mile marker 50, just south of Sharpsburg Road. According to police the first accident occurred when a driver hit some standing water and spun out of control, striking the center divider. Two more vehicles collided after another driver lost control in the treacherous puddle. Two more accidents involving nine passenger cars and a semi truck brought the total of vehicles involved to an astounding 13 car wreck.

Not only were 15 people injured Saturday, but similar roadway conditions led to several accidents the next day.

While speed and road conditions are important factors in any accident case, here we see the importance of a properly constructed and maintained interstate highway system. Standing water on this part of I-85 is a common occurrence when it rains. This indicates a problem with the road construction and the functionality of the drainage systems.

The Georgia DOT stressed its commitment to maintaining the Georgia Interstate corridor and cautioned drivers to "slow down... especially in inclement weather conditions."

Jason R. Schultz P.C. has been successful in holding the Georgia DOT accountable when, through its negligence in design and/or maintenance,  serious injuries and death result.  

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We lawyers who are over forty years old know that we get better with age.  Tires, on the other hand, have a limited service life regardless of tread depth and use. The dangers of "aged" tires is a little known problem outside of the industry and one that is likely the cause of a significant number of tread separation problems. "Aged" tires are often unsuspectingly put into service after having served as a spare, stored in garages or warehouses, or simply used on a vehicle that is infrequently driven. In many instances these tires show no visible sign of deterioration, and absent any visible indicators, tires with adequate tread depth are likely to be put into service regardless of age.

As of June 2, 2008 Safety Research & Strategies (SRS) has documented 159 incidents in which tires older than six years experienced tread / belt separations—most resulting in loss-of-control crashes.

ABC News recently exposed the hidden danger of tires that are six years of age becoming extrememly dangerous.  Many serious injuries and deaths could be avoided if the motoring public is properly warned and protocols were in place to remove old tires from the shelves.

The bottom line is that there are many tire failures out there because of this phenomenon. The key to good tire structure is to put antioxidants into the slip coat between the tread and the carcass prior to vulcanizing the tire. Antioxidants raise the cost of the tire, so the industry uses as little as it thinks it can get by with. The seepage of air between the tread and the carcass causes oxygen to invade the space and to degrade the adhesive bond between the tread and the tire. This can be from a puncture, even one that is repaired, or it can be caused by a defective inner liner which allows air to escape into the body of the tire.

The industry generally continues to claim that there is no adequate way to warn.  People will continue to die unnecessarily unless and until this problem is properly addressed.

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      Exposed below are a number of myths about the insurance claims business that I have heard over the years:

1. If you write the insurance company a “reasonable” letter asking for a “reasonable” amount of money, you will get a “reasonable” settlement proposal. After all, insurance companies are generally “reasonable”, right?
2. If you are involved in a car wreck and the insurance company asks for a recorded statement, you must give them a recorded statement or they will not settle with you. (One insurer had the audacity to say as much in writing, threatening a potential client that if a statement was not given, coverage would not be provided - which is an outright lie) (BEWARE: most insurance policies do, however, require their own insured to give a recorded statement)
3. If you are involved in a car wreck and the insurance company asks for you to sign an authorization to obtain your medical records, you must sign it or they will not settle with you.
4. Your own insurance company has your best interests at heart and will help you with your personal injury claim or property damage claim. (Many insurers have been sued successfully for bad faith for failing to pay, or even advise, their own policyholders of diminished value claims and for systematically using inferior repair parts)
5. You need to get three estimates for the insurance company if your car is wrecked and you want to get it repaired
6. All lawyers who claim to “handle” accident cases have the same ability and experience to handle your case
7. The insurance company for the person who caused the wreck and injured you is obligated to pay your medical bills and lost wages as they come due. (FACT: 40% of the rear end car wrecks tried to a jury in Georgia result in a verdict for the defendant and the injured claimant receives nothing.)
8. Just because there has been an accident and it was not your fault, there must be some insurance company that will pay your bills, lost wages and injuries.
9. If a lawyer refers you to a doctor or chiropractor, that is a good idea.
10. Juries in Georgia are generous
11. It is a good idea to take out an advance on your case from any number of predatory lending companies to help you with bills when you are out of work due to your injuries (I can’t tell you all the horror stories I have heard, but here is one: A woman “borrows” $3,000.00 and 2 years later when her lawyer is trying to get her case resolved before trial, the vultures wanted $12,000.00 due to the compounded monthly interest charged, plus fees - - - Outrageous!).

 

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1.   Here are some factors and good points to look for and questions to ask potential attorneys about. Not every attorney will meet all these criteria, but a significant absence of the following should be a big question mark.

• Experience – obviously the longer you have been practicing a particular area of the law the more you will know. Experience is a big factor in most cases.
• Experience actually trying cases – ask the attorney how many cases he has actually tried. Has he or she achieved any significant verdicts or settlements? Does he have a list of verdicts and settlements available that you can look at? Do not accept the “all my cases are confidential” line! The greater the number of cases actually tried and substantial verdicts and settlements achieved, the more likely the insurance companies will respect you. Past results are not a guarantee of the future but past results do demonstrate some level of experience and success.
• Respect in the legal community – does the attorney teach other lawyers in continuing legal education courses?
• Membership in Georgia Super Lawyers® - the stated objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel. Georgia's top lawyers are chosen by their peers and through the independent research of Law & Politics and is based on the survey of more than 23,000 attorneys across the state.
• AV® Peer Review Rating by Lexis-Nexis® Martindale-Hubbell® - an AV rating is a significant accomplishment; a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence and ethics.
• Membership in Trial Lawyer Associations. In our area, you can certainly find a lawyer who is a member of a Georgia Trial Lawyers Association (GTLA) and the American Association for Justice (AAJ). These organizations provide extensive education and networking for trial lawyers.
• Publications – has your attorney written anything that has been accepted for publication in legal journals? This is another sign of respect that the legal community has for his or her skills and experience.

2.   Beware of any attorney who contacts you in writing or contacts you by phone after you have had an accident for the sole purpose of soliciting you. Some attorneys employ “runners” to personally solicit accident victims. The “runners” literally buy accident reports, or pay a clerk at the local hospital to provide your private information. They then make a “cold” call to you in the hospital or at home where you are recuperating to encourage you to sign a contract with certain attorneys. Outrageous does not begin to describe this practice. Not only is this outrageous, it is unethical and illegal behavior. If you get contacted by one of these vultures, you should get as much information about them and have them send a contract to you for signature to find out who they work for and turn them into the State Bar of Georgia at (800) 334-6865.



3.   Get a referral from an attorney that you know. He or she will probably know someone who does specialize in your area of need.



4.   The yellow pages can actually be a good source of names. Understand three things, however. First not everyone advertises in the yellow pages. Most of our cases come from referrals from other attorneys or from satisfied clients. Second, be careful about the ads that have too many different specialties, no one can do everything well. Third, be careful about full-page ads. This advertising typically attracts a lot of frivolous cases and can overwhelm an attorney. Make sure that the attorney you hire is selective enough about the cases he/she accepts so that your important case does not become just one more “file in the pile.”



5.   Your local bar association probably has a lawyer referral service. Understand that lawyers just sign up and pay a fee to be listed in certain specialties. Their names come up on a rotating basis.



6.   Interview several attorneys. Ask each attorney who else handles these type cases in your area. If they will not give you any names, leave. Ask this question of each attorney. The names you see showing up on various lists of recommendations are probably good bets for attorneys doing these cases on a regular basis in your area. This is probably the best way to find the attorney who is right for you.



7.   Ask each attorney if they have information just like this book and our web site so that you can find out more about the qualifications, experience and method of handling a case before you walk in the door.



8.   Beware of any attorney who has a stable of doctors he wants to refer you to. You can tell who these attorneys are by their stack of doctors’ cards they keep in their office. This can actually be a huge mistake and detrimental to your claim.

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Just listening to a cell phone while driving is a significant distraction, and it causes some of the same types of mistakes as drunk drivers make, according to scientists at Carnegie Mellon University.

The new study reports that simply listening to a cellphone distracts drivers. Several states ban drivers from using cellphones while driving but allow hands-free cellphone use. Most drivers think hands-free cellphone use is safe, however new studies show it can be just as distracting. Neuroscientist Marcel Just found that "Listening while driving led to a significant deterioration in driving accuracy." Why is cellphone use important in you’re a car wreck case? Georgia uses comparative fault in deciding cases. Smart insurance defense lawyers always try to shift the focus to the plaintiff and what he or she was doing at the time of the wreck. On the other hand, using the fact that the defendant was using a cellphone is very good evidence that they were simply not paying attention to the roadway, thus proving your case.

Other studies have shown what is called "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you may be more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.

Several trial court judges around Georgia have allowed evidence of cell phone use in the pursuit of punitive damages against drivers who were talking on cell phones at the time of the car accident.
The bottom line is that “Talk isn't always cheap”, as International Paper Co. learned recently when it agreed to pay $5.2 million to settle a personal injury suit related, at least in part, to one of its employees' use of a cell phone while driving.

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