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

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.

• Email This
• Print
• Comments (1)
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

A new pool safety act passed in 2007 went into effect last month, but enforcement has been a bigger challenge than legislators might have expected. The Virginia Graeme Baker Pool and Spa Safety Act was signed by President Bush in 2007, and requires the installation of newer, safer dome-shaped drain covers on all public pools in the country, an estimated 300,000 of them in all. However, a month after the new legislation went into effect, the Wall Street Journal estimates that at least 80 percent of the pools, spas and hot tubs in the country could still be fitted with the older drain covers that have been linked to a number of drowning and disembowelment accidents.

The Act is named after Virginia Baker, the granddaughter of former Secretary of State James Baker who was killed when she was sucked down by a drain cover in a hot tub. The Act calls for the installation of safer drain covers on all new residential pools being built, while these are optional for older pools. All public pools, however, must get the new safety devices installed. This includes pools that are up for renovation.

The problem in implementing the Act seems to be a severe shortage of the drain covers. Manufacturers have already run out of the covers, with a massive shortage reported in many parts of the country. The covers come with a tougher plastic, and are dome shaped as opposed to the older covers, which lay flat. The new ones also have smaller holes that prevent entrapment of clothing or hair.

Until all public pools are equipped with the new drain covers, swimmers, adults and children alike, are going to continue to be at risk for suction entrapment. This occurs when the water being rushed out of the drains causes a strong suction force that can suck down and trap children, as well as adults. The force can be strong enough to prevent children and even adults from prying themselves free. Several cases of disembowelment have also been reported when a child unwittingly sits on the drain covers, and has his or her intestines sucked out.  Safety advocates recommend that parents confirm if a public pool is equipped with the new drain covers before allowing their child to splash right in.

Negligence on the part of the pool ownership or management to fit the pool with the new covers would be considered grounds for a premises liability lawsuit in the event of an unfortunate accidental drowning.  If you have been injured or lost a loved one in a pool drowning accident, immediately contact an Atlanta Georgia pool drowning lawyer.

• Email This
• Print
• Comments (1)
• Trackbacks

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".

• Email This
• Print
• Comments (1)
• Trackbacks

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.  

• Email This
• Print
• Comments
• Trackbacks