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

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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I have been fighting insurance companies for almost 20 years and one thing is for sure: honesty and integrity work both ways.  If you choose to lie on an application for automobile, life, health or disability insurance, you will probably find yourself without coverage when you need it most.  In an effort to reduce premiums, some people grossly misrepresent the facts.

With car insurance, a frequent omission involves the failure to disclose all of the potential drivers who are living in the household and might have access to the car.  If that person (usually a child) has permission and causes a serious accident involving injuries, the insurance company may deny coverage and the parent may potentially be PERSONALLY liable under a doctrine known as "family purpose".

Over the years, I have seen and heard stories of families left financially devastated when someone bought medical or life insurance and failed to disclose relevant past medical history.  I can guarantee that after you are gone, the insurance company will investigate the truthfulness of your application and if it finds that you made material misrepresentations, your widowed spouse will be going to some lawyer and the lawyer will have to explain that he/she cannot help you and the children.

Be careful out there and for goodness sake, BE HONEST.

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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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