Atlanta Personal Injury Lawyers Blog

Last week a Cobb County Georgia jury found in favor of Kia Motors Corporation rejecting the argument that the 1999 Kia Sportage air bag caused a 69-year-old woman's death. The case revolved around a low speed car accident where a driver turned left in front of the Kia Sportage causing the airbag to deploy. Although there was only minimal damage to the cars and both drivers appeared to have only minor injuries, the driver of the Kia died soon after the accident from a lacerated aorta where the air bag hit her chest. The case centered on whether the woman was properly positioned in the car. The State of Georgia offers the CarFit program to teach senior adults how to properly position themselves safely in cars.

The woman's family sued for her wrongful death alleging the air bag was too powerful for a small SUV. Arguing that Kia knew this type of accident was possible and chose not to spend any money to "depower" the airbag to make it safer, the plaintiff's attorney told the jury she would not have died in the car accident if there had been no air bag in the car.

Wrongful death cases, particularly products liability cases such as this one, require expert testimony from both sides to explain to the jury how the death was caused. Kia relied on an expert engineer in occupant restraint systems - seat belts and air bags - who testified the woman was not seated properly for the air bag to work correctly. He gave evidence that she was leaning forward and right as if reaching for something. According to the expert, her position in the seat skewed the impact of the air bag and it struck her in an area that would have been protected if she had been seated upright and against the back of her seat. Click here for how to properly position children and adults for air bag safety.

Air bag safety is often overlooked by drivers and passengers in cars. The National Highway Traffic and Safety Administration continue to look for ways to educate the public regarding seatbelt and air bag safety. Drivers and passengers must have their seat belt properly buckled and avoid positioning their seat too close to the air bag. Short adults, such as the woman in this case, must position themselves 10-12 inches from the air bag that is in the steering wheel to be protected properly.

Continue reading "Cobb County Jury Finds Death Not Caused by Air Bag" »

A Macon County, Georgia jury awarded a motorcyclist $650,000 for injuries he suffered to his back in a motorcycle accident. Apparently the driver of the car did not see the motorcycle. This is one of the most common causes of accidents involving motorcycles. The Motorcycle Safety Foundation has published a list of safety tips for car and truck drivers to help reduce the number of motorcycle accidents. In a prior posting, we covered some of the issues motorcyclists face on public highways.

The motorcyclist was a 49 year old truck driver riding his bike on a country road when a car pulled out to make a left turn in front of him. Unable to avoid the car, the two vehicles colided leaving the cyclist with broken bones and permanent back injury.

You might wonder what it takes to prove negligence and injury in this type of case. Often, expert witnesses are called to testify to the medical injuries or to reconstruct the accident to show who was at fault. In this case, there were two independent eyewitnesses who were able to testify to what they saw happen. The trooper who worked the accident testified that there were over 147 feet of skid marks from the motorcyclist showing he attempted to avoid the accident. With eyewitness testimony and a good work up of the accident by the police, the facts are almost indisputable.

Continue reading "Motorcycle Accident Results in $650,000 Jury Award" »

The most recent data provided by the National Highway Traffic and Safety Administration indicates that nationally 56% of fatal car accidents occurred on rural highways. Of 1,368 fatal car accidents, 635 crashes occurred on Georgia rural highways in 2008, the most recent year for which data is available. This means 46% of fatal Georgia car accidents occurred on rural highways.

About 65% of these Georgia rural car crashes occurred at speeds of 55 mph or higher. This is not surprising considering that traffic is generally lighter in rural areas and drivers tend to take advantage of the "open road" and drive at higher rates of speed.

Drivers are often lulled into a false sense of security in rural areas thinking they are in safer areas with fewer accidents. Data supports the fact that drivers travel about 2.5 times more miles than cars in urban areas which translates into longer time on the road and more time to develop driver fatigue.

Add all this to the fact that the rural roads in Georgia, especially near the Atlanta area are carrying more and more traffic which they may not be able to handle. With the spring weather finally beginning to appear, be more aware as you travel to vacation areas which often takes you through rural areas. Keep your seatbelts on and your eyes on the road.

The U.S. Department of Transportation (DOT) recently issued an order banning all in-cab texting by commercial truck and bus drivers. Because the DOT has the authority to regulate interstate truck and bus safety, it was able to immediately put this rule into effect due to the number of truck accidents caused by distracted driving. Transportation Secretary Ray LaHood stated "To put this dangerous behavior in perspective, researchers at Virginia Tech found that truck drivers who send text messages on a cell phone are about 23 times more likely to get into some type of crash or near-miss than drivers who keep their eyes on the road." The Virginia Tech study found that drivers take their eyes off the road for almost 5 seconds when texting which is equal to driving the length of a football field at 55 mph without looking at the road.

Early release data from the National Highway Safety Administration indicates 4,229 people were killed in accidents involving large trucks in 2008. No data related to the cause of the accidents has been released yet. By way of comparison, in 2007 there were 4,808 people killed in truck accidents with 5.8% of those accidents involving distracted driving. So the good news is there is a downward trend in the number of deaths due to truck accidents and with this new ban on texting by large truck drivers, those numbers should continue to decline.

Texting and distracted driving have become such an issue that twenty states have already banned texting and driving by all drivers and 23 more are considering legislation, including Georgia. Georgia's bill has been sent back to a committee to determine how such a law could be enforced. We will continue to follow the bill in Georgia and keep you up to date as it moves through the legislature.

Continue reading "Texting Banned to Prevent Trucking Accidents" »

After five years of challenges to the hours of service rule which allows truckers to drive for up to eleven hours straight per day, the federal rule will be reviewed and reconsidered. The Federal Motor Carrier Safety Administration (FMCSA) signed an agreement with trucking and safety groups promising to revise the rule. Other aspects of the rule will also be reviewed including the 34 hour off-duty period. All revisions will be made with an eye toward reducing the number of trucking accidents.

For sixty years prior to the 2003 enactment of the eleven hour rule , truck drivers could not drive more than ten hours at a time. Since the revision, numerous public interest groups have challenged the rule calling for reconsideration and review.

Citing safety concerns, one of the watchdog groups, issued a statement applauding the government's action in taking responsibility to protect truck drivers and the public from unsafe driving conditions. Longer hours behind the wheel lead to driver fatigue and more truck accidents.

Any change in rules that allows for truck drivers to be more rested and therefore able to better concentrate on driving, makes the highways safer for all of us. As Georgia trucking accident lawyers, we will be watching the revisions to this rule closely, with the expectation that it will be revised to its original limits.

The U.S. Department of Transportation (DOT) held a two day Distracted Driving Summit to publicize the dangers of driving while distracted. "Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger," said Secretary LaHood in Washington, D.C. "Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating." Research by the National Highway Safety Administration shows that in 2006 almost 6,000 people died as a result of motor vehicle accidents involving distracted driving.

The summit brings together industry and safety experts, government officials and the general public with the goal of heightening awareness of the impact of distracted driving. Two of the most common distractions are cell phone use and texting. Additionally, the Federal Motor Carrier Safety Administration(FMCSA) is presently conducting a study on cell phone use by commercial truckers and its impact on trucking accidents and near-accidents.

When you are driving behind someone on the metro Atlanta highways who suddenly seems to be unaware of the traffic - don't you assume they must be on their cell? I do and I give them a wide berth because I know that they are not aware of my presence. With the DOT and the FMCSA working toward teaching the public about the dangers of cell phone use while driving, we can hope the public will take the responsibility on themselves to not engage in these activities while driving rather than the legislature moving toward making the activities illegal while driving.

New braking standards have been issued for large commercial trucks which will improve stopping distance by up to 30 percent. The National Highway Traffic Safety Administration created new standards for braking equipment which is expected to save 227 lives each year and prevent 300 serous injuries. In 2008, 4,229 people were killed in trucking accidents. The new brake standards will help truck drivers avoid accidents especially under more dangerous conditions such as wet roads.

Although, it will take some time to bring the nation's commercial trucking fleet up to the new standards as older trucks are retired, the long term effect is good for all of us. Commercial vehicle trucks which include big-rigs, tractor trailers, and 18 wheeler trucks, are regulated by the federal government through the Federal Motor Carrier Safety Administration. The agency has seen a decline in the last few years in the number of trucking accidents. Tougher safety regulations and equipment standards along with public safety programs like Ticketing Aggressive Car and Truck Drivers seem to be working. As trucking accident lawyers we are always happy to see a decline in fatalities and an increase in safety standards.

Between 2000 and 2006, Georgia motorcycle accidents rose by over 97 percent. More alarming is the increase of 147 percent in fatalities in those same accidents during that period. Not surprisingly, Fulton County, part of the metro Atlanta area, had the highest number of motorcycle accidents ending in fatalities in a study covering the period 2003 to 2007. Gwinnett, DeKalb, and Cobb counties followed with slightly lower numbers.

In part, because this is a national trend, the Federal Highway Administration is launching the first major study into the cause of motorcycle crashes in nearly thirty years. A 150 percent jump in deaths in motorcycle wrecks in the ten years between 1997 and 2008, as documented by the U.S. Department of Transportation, was an impetus for the study. The study will focus on common factors in motorcycle crashes such as roadways, weather, and the experience level of the rider. "Having a better understanding of what causes these crashes will help us improve roadway safety for everyone," said Administrator Victor Mendez.

According to Georgia Office of Highway Safety Director Bob Dallas, "We have growing support among rider groups, law enforcement agencies, and traffic safety organizations to create a safer riding environment because during recent years, Georgia has experienced a steady increase in fatal motorcycle crashes." In 2006, 3082 motorcyclists were injured and 148 died on Georgia highways.

As part of an effort to create more awareness of motorcycle safety, Georgia implemented the "Share the Road" program which continues to highlight the need for motorists to be aware of and more cautious around motorcyclists. Interestingly, more than sixty-six percent of crashes involving a car and a motorcycle were caused by the driver of the car not seeing the oncoming motorcycle.

From the perspective of a personal injury attorney whose husband loves his Harley and enjoys riding it, my heart skips a beat every time I read statistics like those above. The injuries suffered by motorcyclists in accidents are life-changing including wrongful death, spinal cord injury and brain injury; please share the road.

Learn More:

Georgia Highway Safety

Georgia Motorcycle Safety Program

Last Wednesday, Sarah Halperin was jogging when she was struck by a car in a metro Atlanta pedestrian accident. She was taken to Atlanta Medical Center, unconscious and with no identification, just her iPod. A recent graduate of Emory University, Halperin had registered her iPod with Apple which turned out to be the only link the hospital had to her identity. Incredibly, the hospital staff was able to trace her iPod registration number to identifying information and then locate her mother.

Car and pedestrian accidents are unfortunately common in an urban area, particularly a community like Decatur where there is greater pedestrian activity. The early morning hours of darkness and light traffic cause many pedestrians, runners and drivers to relax and be a little less cautious than during the busy daylight hours. Pedestrian accidents often have serious injuries such as traumatic brain injury, broken bones and paralysis. Drivers need to keep an extra eye out for pedestrians and runners during the predawn hours and individuals who are on foot need to be aware that they are often not visible to drivers and take extra precaution.

The driver of the car in this accident did the right thing and stopped to help, but some drivers have said they weren't even aware they had hit a person. Here are some safety tips if you are a pedestrian or an active runner: 1) wear an identification bracelet or tag on your shoes, 2) wear reflective clothing, 3) run against traffic, 4) cross only in a crosswalk, and 4) be aware that if you are plugged in to an electronic device you cannot hear cars approaching behind you. We certainly hope for the best for Ms. Halperin and congratulate the nurse who followed up on the iPod registration and tracked down the family members.

Additional Resources:
Road Runners Club of America Safety Tips

Continue reading "IPod Used to Identify Victim of Decatur Pedestrian Accident" »

In a tragic motorcycle accident, a Marietta woman was killed on Tuesday, July 28, 2009. An automobile driver turned left in front of the motorcycle on Alpharetta Street in Roswell, Georgia. The motorcyclist died after being taken to North Fulton Regional Medical Center while the driver of the car and her two children were not injured.

Frequently, car drivers neglect to give the right of way to motorcyclists. This type of accident is unfortunately too common. A similar motorcycle accident in Cumming, Georgia occurred at the end of June. In this Forsyth County motorcycle crash, a car made a u-turn in front of a motorcyclist who later died at Grady Memorial Hospital. The driver of the vehicle was initially cited for an improper left turn while other charges were pending.

Public education on motorcycle safety is one of the best ways to lower the rate of these types of car and motorcycle accidents. The Motorcycle Safety Foundation (MSF) offers not only motorcycle rider safety courses but engages in public awareness campaigns to let the public know how to share the road with motorcycles.

In Ten Things All Car & Truck Drivers Should Know About Motorcycles, MSF points out that because motorcycles are small in size they look farther away than they really are. They suggest before you make a turn in front of a motorcycle you should assume the motorcycle is closer than it looks - in other words, give the motorcyclist an extra margin of safety.

Continue reading "Roswell Motorcycle Accident Ends in Death" »

Atlanta has a very strong cycling presence and lots of fans are tuned into the Tour de France as it progresses toward the final stage on July 26. The news today is Alberto Contador took Stage 15 and claimed the yellow jersey. Lance Armstrong followed a bit behind and crossed the line as number nine. Armstrong graciously acknowledged Contador's feat and recognized his incredible ride today.

Every Saturday, bicycling fans hit the Atlanta roads decked out in their colorful riding gear. As I head out on my errands in the Dunwoody-Sandy Springs area, I keep an eye out for those riders. Unfortunately, Fulton and DeKalb Counties do not have many bike lanes for riders on the roadways, putting those cyclers at risk for biking accidents from drivers who may not be paying attention or, worse, the drivers don't know how to share the road with bicycles.

The Atlanta Bicycle Coalition offers City Cycling classes to teach bicycle riders how to ride safely and defensively on our busy metro roadways. Cyclers are taught how to follow the rules of the road and avoid crashes. I remember when a friend's son was seriously injured as he made a left turn on his bicycle and the driver failed to yield right of way. These types of accidents happen too often with disastrous results. In case you don't recall from your driving test, people on bikes have the same rights on the road as automobiles. This means they ride in the same lanes and in the same direction as cars, therefore, as you approach a cycler, you may not pass him until it is safe to do so - the lane is his just as if he was in a car. If we all remember this one rule, the bikers on our roads and in our neighborhoods will be much safer on their rides.

Check out these bike trails:

Silver Comet Trail, connects Atlanta to the Alabama state line. In Alabama, it continues to Anniston providing a beautiful 101 mile bike ride.

Atlanta/DeKalb Trail system along the Freedom Parkway into Stone Mountain and Arabia Mountain.

Photo Credit: Nils/stock.xchng

A trucking accident involving an eighteen wheeler, tractor-trailer is generally much more serious than a typical car accident. In Atlanta, large trucks are not allowed within the I-285 perimeter unless they have specific business within the area. As a result, there is heavy truck traffic around the outside of the metro area which includes three major interstates plus their by-passes creating a higher risk of a serious injury or wrongful death.

The Motor Carrier Safety Progress Report updated through March 31, 2009 and released by the Federal Motor Carrier Safety Administration indicated there were almost 5,000 deaths in trucking related accidents in the United States in 2006. With approximately 8.5 million trucks on the road at that time, the fatality rate was approximately .06 percent. Of course there were many more injuries than fatalities due to tractor trailer accidents; numbering over 126,000 in 2006 and dropping to 124,000 in 2007.

What can you do to be more safe on our Atlanta area roadways? Drive defensively and be aware that large commercial trucks cannot maneuver quickly. Give tractor trailers the space they need to change lanes and make wide turns. Most importantly, always be aware of traffic around you while traveling on the highway and look for open areas should you need to take defensive action. Make sure you are rested and alert before you hit the road and have a safe trip!

Resources:

Commercial Motor Vehicle Facts

Federal Motor Carrier Safety Administration

Georgia Commercial Driver's Manual

As I drive into Atlanta each morning, I pass scores of drivers talking and texting on their cell phones. We have all probably been guilty of it, but what you may not know is that if you are in a car accident and you were talking, texting or emailing on your cell phone you have opened yourself up to a bigger lawsuit with potentially higher damages. The first thing a good attorney will do is subpoena cell phone records to check whether a driver was on his phone at the time of the accident.

By the end of 2008 there were over 270.3 million wireless subscribers in the United States with over 87% of the population owning a cell phone. Several years ago, the National Highway Traffic and Safety Administration conducted a study to determine just how the use of a cell phone while driving contributed to car accidents. Interestingly, the study found that it did not matter whether a driver was using a handheld or hands free device, either way, the drivers were distracted by the use of the device and phone conversation. Phone conversations, dialing, answering, and texting all resulted in delays in responding to slowing traffic and, particularly scary, a significant drop in the ability to merge into traffic while using a cell phone.

We all need to think a little more carefully before we get behind the wheel of a car and take a call or try to read a text. If you have teenagers make sure they are not using their cell phone while driving. It is truly a safety issue with deadly consequences.

Read more:
National Highway Traffic and Safety Administration

Flickr Creative Commons

Boating accidents are prevalent in our state which has many lakes and rivers. Last year in Georgia, there were 11 fatalities related to boating accidents. One of the more common reasons for boating accidents is the lack of a skilled boat operator. Too many people are buying their first boat and never taking a boating safety course.

Have you ever hopped on a friend's boat and realized your friend really didn't know a thing about navigating on the water? Even worse are the weekenders, who show up on a warm Saturday and when the sun sets, they don't know to turn on their running lights so other boaters can see them.

The law requires boat operators to remain sober but what else is required? (By the way, boating under the influence is a criminal violation in Georgia just like DUI.) Your boat must be registered and you must have an adequate number of life vests on board. The Georgia Department of Natural Resources offers several excellent boating courses that I recommend not only for boat operators, but for anyone who rides in a boat. And don't forget that even though you may be a knowledgeable boater, the person heading toward you probably isn't. Just like on the highway, drive defensively when you are on the water and have a safe summer!

Resources:

Georgia DNR Boater Education

Boating Statistics