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

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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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 88^th 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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A construction worker was killed last week in a trench collapse accident in Cartersville in Bartow County. James Hilbish was killed on February 4^th 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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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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