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

Political gridlock in the nation’s capital has led to thousands of Department of Transportation employees being furloughed without pay, and has cut off essential funding to state highway and auto safety programs. As an accident lawyer in Atlanta, I am very concerned at how long this impasse will continue, and how badly it will affect motorist and trucking safety in Georgia.

On Sunday, the DOT issued a statement saying that it would be furloughing up to 2000 workers belonging to the National Highway Traffic Safety Administration, Federal Highway Administration and the Federal Motor Carrier Safety Administration. The stalemate also affects highway funds that the federal administration provides to states to conduct safety programs.

The deadlock began when Kentucky Sen. Jim Bunning blocked a piece of legislation that would've extended highway programs and unemployment benefits to transportation workers. It is likely that this deadlock will soon be resolved, but states around the country are already sending out distress signals about their fears over slashed highway safety funds. According to the Commercial Vehicle Safety Alliance, if the funding cuts go on past the middle of this week, it will impact trucking safety. The Commercial Vehicle Safety Alliance is comprised of police officers who are specialized in trucking enforcement. This sub agency is funded in part by the Federal Motor Carrier Safety Administration. With funding now hanging in a state of limbo, several states will be impacted adversely. Smaller states will bear the brunt of the blocked federal funding.

Atlanta accident lawyers will also be concerned about motorcycle safety programs, drunk driving crash prevention measures and efforts against distracted driving, which will now be impacted by the funding standoff.

It's unfortunate that political bickering is threatening the safety of ordinary Americans.  It is my hope that this crisis is resolved soon and funding for essential safety programs is resumed quickly.

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I recently came across this new report by the National Highway Traffic Safety Administration titled Motorcycle Helmet Use and Head and Facial Injuries. The study was conducted by the agency to determine the relationship between the use of helmets by motorcyclists and the kind of accident outcomes, including type of injuries, hospital costs etc. 

The study used data drawn from 18 states, and analyzed 104,472 motorcyclists who were involved in accidents in these states between 2003 and 2005. Of these motorcyclists, 57 percent were wearing helmets at the time of the accident, while 43 percent were non-helmeted.  A few key points emerged from the study.

• In both the helmeted and non-helmeted group, 40 percent of motorcyclists either received injuries that were serious enough to require treatment in the hospital, or died in the accident.

• However, the percentage of unhelmeted motorists who sustained moderate to severe head/facial injuries was 6.6 percent, compared to 5.1 percent of motorcyclists who were not wearing helmets at the time of the crash.

• 15 percent of helmeted motorcyclists suffered Traumatic Brain Injury (TBI) compared to 21 percent of unhelmeted motorcyclists.

• Approximately 9 percent of unhelmeted motorcyclists sustained minor to moderate TBI, compared to 7 percent of helmeted motorcyclists.

• More than 7 percent of motorcyclists who were not wearing helmets sustained severe TBI, compared to 4.7 percent of helmeted motorcyclists.

The study also measured the average hospital charges for motorcyclists who survived an accident. Not surprisingly, hospital charges were 13 times higher in case of motorcyclists who sustained a TBI. In cold hard numbers, that is an average charge of $31,979 for patients with TBI vs. $2,461 for those who didn’t sustain TBI.

It is unlikely that a NHTSA study will do much to change riding behavior in those who do not wear a helmet while riding a motorcycle. For such people, I would recommend a look at these websites to understand how Traumatic Brain Injury can impact your life, and the high chances of sustaining one if do not wear a helmet when riding a motorcycle.

National Institute of Neurological Disorders and Stroke

TBI Resource Guide

American Occupational Therapy Association

Jason Schultz is an Atlanta motorcycle accident lawyer, helping injured victims of motorcycle accidents in Atlanta 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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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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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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