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

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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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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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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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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