Georgia Personal Injury Law Blog

U.S. Chamber of Commerce Hypocrisy Exposed

Jason Schultz — Fri, 28 Oct 2011 07:41:53 -0500

As the U.S. Chamber’s Institute for Legal Reform (ILR) holds its annual summit – a strategy session on eliminating Americans’ access to the civil justice system – a new AAJ report exposes ILR’s corporate board members that use the courts for their own gain against competitors, customers and even each other.

The AAJ report, Do As I Say, Not As I Sue, exposes the hypocrisy of 10 ILR board members that regularly use the legal system to advance their own agendas, while at the same time advocating legislation that would close the courthouse doors to anyone who would hold them accountable for their own wrongdoing.

One ILR board member in the report is Honeywell International, which has regularly taken competitors to court, but would prefer not to be held accountable for distributing defective body armor to law enforcement personnel, or downplaying the dangers of asbestos exposure.

In return for its financial contributions to ILR, Honeywell has received policy and public relations help when its negligence has been uncovered. Four days after an Illinois jury delivered a multi-million dollar verdict against Honeywell for conspiring to hide the dangers of asbestos, ILR issued a press release stating that the decision “confirms a troubling trend in the State of Illinois where there is a hostile ligation environment.” Additionally, the Madison County Record, an Illinois-based propaganda-as-news outlet fully owned by ILR, featured an article headlined, “McLean County Continues Inching Closer to Becoming a ‘Judicial Hellhole.’”

The irony does not stop with Honeywell. AAJ’s report also reveals that one ILR board member, Caterpillar, sued Disney because it felt the depiction of bulldozers in the straight-to-video movie George of the Jungle 2 was overly villainous. FedEx, another ILR board member, sued a man for making a chair out of FedEx boxes. Johnson & Johnson used the civil justice system to take on the Red Cross.

Please take a look at the full report, Do As I Say, Not As I Sue: Exposing the Lawsuit-Happy Hypocrites of U.S. Chamber’s Institute for Legal Reform, and feel free to forward it to friends.

Facebook Strikes Again

Jason Schultz — Thu, 08 Sep 2011 14:18:16 -0500

A fellow Georgia trial lawyer shared the following story from trial about a client who suffered a traumatic brain injury from a fractured skull. A very real, documentatable and serious injury, no doubt. Throughout the course of the case and at trial, the client maintained that his poor grades were the result of his brain injury. At trial, the insurance company's lawyer whipped out page after page from Facebook of the client partying at college "to show the real reason" for the poor grades. The judge allowed the Facebook entries into evidence for impeachment. The jury returned an inadequate verdict for the brain injured client.

A picture is worth 1000 words, so the old adage goes. "Tagged" photos of injury clients doing anything other than looking miserable are likely to be intrepreted negatively by jurors. Do you stop laughing or smiling after you have been injured? Do you stop living? This Fayette County Georgia Personal Injury Lawyer certainly hopes not. Avoiding a Facebook disaster is paramount in people's lives, careers and when they seek redress for negligently inflicted harm.

Atlanta Pedestrian Fatalities on the Rise

Jason Schultz — Wed, 24 Aug 2011 10:05:54 -0500

While the overall number of automobile and car accidents in the metro Atlanta region declined by as much as 14% over the past ten years, the number of pedestrian accident fatalities actually increased. Those statistics concern this Atlanta Newnan Peachtree City Wrongful Death Lawyer.

The information comes from a report Dangerous by Design by Transportation for America. According to the report, the metro Atlanta region including Atlanta-Sandy Springs-Marietta ranks as one of the top twenty most dangerous areas for pedestrians in the country.

This area was ranked #11 with 798 pedestrian accident fatalities between 2000 and 2009. The average number of annual pedestrian accident fatalities here was 71 in 2000, but spiked to 94 by 2004. In 2009, the average number of pedestrian fatalities had stabilized at 77, an increase over a decade. This increase was seen during a time of decline in overall traffic accident fatalities.

Some groups of pedestrians seem to be at much greater risk. Pedestrians over 65 are much more likely to be killed than younger people. The report also highlights the different safety concerns involving Hispanics and black communities, as well as people belonging to lower-income groups. The higher death rates among minority and lower income groups are generally thought to be related to the higher volume of pedestrian traffic in these groups.

NTSB Calls for Technologies to Prevent Tanker Truck Rollovers

Jason Schultz — Wed, 24 Aug 2011 08:16:58 -0500

http://www.truckinginfo.com/news/news-detail.asp?news_id=74280

Stability control systems to prevent rollover accidents involving tractor-trailers have been around for a while now, but the federal administration does not mandate these in all trucks. The National Transportation Safety Board wants that to change.

The Board made these recommendations in its investigative report into a serious tanker truck rollover accident in Indianapolis in 2009. In that accident, the tanker truck loaded with more than 9000 gallons of LPG flipped over on an Indiana highway, and exploded in flames. There were no fatalities in the accident, but at least five people, including the tanker truck driver, were seriously injured.

The National Transportation Safety Board cited several factors leading to the crash. According to the Board, the driver's excessive and faulty steering maneuvers caused the tank to detach from the tractor. The report also blames faulty road design for the accident. Most of the blame was placed on the fact that the tanker truck was at an increased risk of a rollover because of its high center of gravity, and was not equipped with the kind of technology that would prevent a rollover.

The National Highway Traffic Safety Administration believes that as many as 106 lives could be saved every year in tanker rollover accidents. There are more than 3600 such rollover accidents every year, and stability control systems on trucks can help prevent these events.

As an Atlanta truck accident attorney, I believe that stability control is especially necessary in tanker trucks, which carry liquid cargo. These liquids can move inside the tank, causing a shift in weight. Tanker trucks account for only 6% of the total truck traffic, but comprise 30% of all fatal commercial truck rollover accidents.

Motorcyclist Dies in Accident While Protesting Helmet Law

Jason Schultz — Thu, 21 Jul 2011 17:49:58 -0500

The ultimate tragic irony. It’s a motorcycle accident story that garnered plenty of attention a few weeks ago. A motorcyclist in New York, who was participating in a protest against the state's mandatory helmet laws for motorcyclists, died in an accident after he suffered serious head injuries.

The fifty-five-year-old motorcyclist was protesting with 550 other motorcyclists when his motorcycle fishtailed, throwing him off. He sustained fatal head injuries. According to the physicians who attended to him, he would likely have survived the accident if he had been wearing a helmet.

Much has been made about the irony of the situation - that a man protesting a motorcycle helmet law died from injuries that could have been prevented had he been wearing a helmet. However, in all the commotion, one fact has been ignored. Every day, across the country, several motorcyclists are killed in accidents even when they're wearing helmets.

Determining the efficacy of motorcycle helmets in preventing fatal injuries can be tricky. The National Highway Traffic Safety Administration believes that wearing a motorcycle helmet can substantially reduce your chances of being fatally injured in an accident. In fact, according to agency estimates, in 2008, motorcycle helmet use could have saved as many as 1,829 lives in accidents. The agency also believes that in that same year, more than 800 people could have been saved if there had been mandatory motorcycle helmets laws across the country. However, every year, hundreds of motorcyclists are killed in accidents even though they were properly wearing a helmet.

As an Atlanta motorcycle accident lawyer, I believe that the focus tends to lean overwhelmingly toward the role of a motorcyclist in keeping himself safe by wearing a helmet, as opposed to the responsibility of motorists to look out for motorcyclists. Most accidents that I come across involve motorists who fail to slow down for motorcyclists, or fail to lookout for them. Many of these involve serious life altering injuries in which a helmet would have made little difference.

New Georgia Bicycle Safety Law Will Help Prevent Accidents & Injuries

Jason Schultz — Thu, 21 Jul 2011 17:39:08 -0500

For too long, bicyclists in Georgia have been at risk of accidents caused when cars and trucks drive too close for comfort. Atlanta bicycle accident attorneys believe that a new bicycle safety law that went into effect on July 1 will help reduce the risk of such accidents.

The law, enacted on May 11, 2011, is called the Three-Foot Law, and requires motorists and truckers to maintain a safe distance when they pass bicyclists. The new law requires a car or truck to maintain a space of at least 3 feet between the vehicle and bicycle until the vehicle passes. Motorists found in violation of the law can be held liable in a civil action if the violation causes injuries.

Gas prices are up and more Atlanta residents are bicycling to work and to run errands. Atlanta bicycle accident lawyers expect to see more bicyclists riding among motorists who are not necessarily attuned or sensitive to their safety.

As an Atlanta bicycle accident lawyer, I would like to see more attention paid to increasing awareness about this law.

US Lags behind Other Countries in Fatal Accident Prevention

Jason Schultz — Tue, 23 Nov 2010 11:10:25 -0500

A study by the National Research Council indicates that in spite of record lows in accident fatalities in 2009, the US continues to fare very poorly in preventing accidental deaths, compared to other countries.

The NRC specifically compared the US and other countries, including Britain, France, Japan and Australia. The study had some very disturbing facts for Atlanta car accident lawyers. Although it does seem like we have made great advancements in minimizing fatal traffic accidents in our country, progress has been slow. For instance, since 1995, France has been able to reduce its traffic accident fatality numbers by 52%, while in the US, those numbers have declined by just 19%. Countries like Japan, Australia and Britain also fared much better than the US when it comes to progress in reducing accident fatalities.

According to the NRC, we could make more progress in saving lives if we implemented tougher drunk driving laws and enforced them. For instance, sobriety checkpoints are almost a fact of life in many European countries. In the US, the beverage industry and other vested interests have been successful in lobbying for restricted use of sobriety checkpoints. This in spite of the fact that these checkpoints have been found to reduce the number of drunk driving accidents in Georgia and around the country.

The NRC also credits widespread use of speeding cameras in other developed countries for their lower fatality rates. In this country however, the use of speeding cameras has been a matter of controversy and debate.

As an Atlanta auto accident lawyer, I don't believe that serious injuries or fatalities should be the price that we pay for driving. Fatal accidents don't have to be a fact of life of transportation in this country. Simple steps like increasing sobriety checkpoints, using speeding camera systems and strict enforcement of distracted driving laws will save hundreds of lives every year.

Family of Georgia Motorcycle Accident Victim Pleads for Info on Hit-And-Run Motorist

Jason Schultz — Fri, 12 Nov 2010 09:29:19 -0500

The family of a motorcyclist who was seriously injured in an accident last week in Henry County has pleaded for the public to come forward with any information that can help locate the hit-and-run motorist responsible for the crash.

The motorcyclist, a young father of three boys was riding his motorcycle at about 8 PM, when his motorcycle was struck by a Toyota Highlander. The Highlander was being driven by a young woman. Her car struck the motorcycle, throwing the victim several feet away from the point of impact. He sustained numerous injuries, and remains in a critical condition. According to witnesses, the Highlander driver simply drove off from the scene

Henry County police believe that the crash was caused when the woman failed to yield to the motorcycle while turning left. The victim’s wife has launched an appeal for information about the driver of the Highlander.

Georgia motorcycle accident attorneys know that most of these crashes are caused due to motorists lack of attention. Most motorcycle accidents can be prevented if motorists simply look for motorcycles before changing lanes or turning. A motorcyclist is easy to miss if your full attention is not on the road. This is another tragic example that highlights that all of us need to take extra precaution and care while driving.

Jason Schultz is a Georgia motorcycle accident lawyer, helping injured victims of motorcycle accidents in Georgia recover compensation for their injuries.

Georgia Wrongful Death Lawyer Warns about Drowsy Driving Accident Risks

Jason Schultz — Thu, 11 Nov 2010 10:02:59 -0500

According to the results of a new study by the AAA Foundation for Traffic Safety, one out of every 10 drivers admitted to driving while sleepy over the past year. More than a quåarter admitted to being so sleepy that they had trouble focusing. That should be enough to wake up Georgia’s state agencies to this public threat.

The study looked at crash data from the National Highway Traffic Safety Administration. It found that approximately 17% of all motor vehicle accidents in the US are the result of sleepy drivers. As many as one in every six fatal car accidents in the US are the result of drowsy driving compared to three out of every six fatal accidents that are linked to drunk driving.

While every state has laws against drunk driving, only one state - New Jersey - bans drowsy driving. Maggie's Law was enacted after a 20-year-old woman was killed in an accident caused by a driver who fell asleep behind the wheel. The National Sleep Foundation has been campaigning heavily for more education and awareness about the effects of lack of sleep on driving.

Driving while sleepy impairs a person's judgment, slows down reaction times, and delays response time. Sounds familiar? Those are also the effects of intoxicated driving. According to the National Sleep Foundation, driving while sleepy has the same negative impact on a person's driving abilities as driving under the influence of alcohol or drugs.

As a Georgia wrongful death and personal injury attorney, I don't expect legislation against drowsy driving very soon in Georgia. However, Georgia State Patrol and local law enforcement agencies should conduct more awareness campaigns to educate drivers about not driving when they are sleepy.

Allstate Agrees to $10 Million Regulatory Settlement Over Bodily Injury Claims Handling Process

Jason Schultz — Wed, 20 Oct 2010 08:28:34 -0500

Well, it's a step in the right direction.

Allstate has agreed to pay a $10 million regulatory settlement, New York State Insurance Superintendent James J. Wrynn announced yesterday. The agreement follows an 18-month targeted National Association of Insurance Commissioners (NAIC) multi-state market conduct examination of Allstate’s claims handling practices.

“Allstate has agreed to implement procedures to ensure transparency and fairness for consumers who have bodily injury claims,” Wrynn said. “The new processes ensure that claims will be handled consistently in different regions of the country, and consumers will have the right to get the information they need in order to understand how Allstate evaluates their claims and make sure they are fairly treated.” The examination focused primarily on Allstate’s use of claims handling software, Colossus.

For years, Colossus has been used to guide Allstate's settlement offers for bodily injury claims after automobile accidents. The examination found inconsistencies in Allstate’s management and oversight of the Colossus software program. In particular, the examination found that Allstate had failed to modify or “tune” the software in a uniform and consistent manner across its claims handling regions.

Under the settlement agreement, Allstate agreed to make a number of changes to its claims handling process, including:

Providing notice to claimants that the Colossus software program may be used in the adjustment of their bodily injury claims;
Enhancing its management oversight of Colossus to ensure that it adheres to established criteria and a uniform methodology in selecting claims to be used to “tune” or modify the software to reflect recently settled claims;
Strengthening its internal auditing of Colossus and bodily injury claims handling to ensure adherence to written guidelines and procedures;
Consolidating its bodily injury claims handling practices into a single claims handling manual; and
Not establishing a policy or rule requiring claims adjusters to settle bodily injury claims solely on the value recommended by Colossus and not providing incentives for claims adjusters to settle claims at or near the value recommended by Colossus.

For now, we will have to wait and see whether Allstate will make good on its agreement.

Vote NO on Propsed Constitutional Amendment One

Jason Schultz — Fri, 01 Oct 2010 15:36:38 -0500

I recommend and ask that you vote NO on the proposed Constitutional Amendment One that is on the ballot for the General Election November 2. Georgia has a sordid track record of misleading voters about the real effect of constitutional amendments. This is another bad example. This particular amendment relates to "covenants not to compete" often put in to employment contracts. The amendment is pushed by big business interests. It is contary to the best interests of employees – particularly skilled employees such as engineers, computer specialists, medical employees, and salespeople. The existing Georgia law is not "broke"; there is nothing that needs "fixing". This proposed amendment seriously over-reaches, in favor of large employers. Here's what you will see on your ballot: "Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?" That is deliberately misleading. At the very least, reasonable folks may totally disagree about whether this amendment makes Georgia "more economically competitive or not. I know of no evidence that it would do so. It appears to me the result of this amendment, if passed, will be to make Georgia less competitive, not more, because it will shackle employees to businesses, and strangle the present rights of employees to go out and work for competitors or start new competing businesses. Voters who are employees of any kind, be they doctors, news people, engineers, mechanics or salespeople should rise up and vote "No" to this radical change to our state constitution.Employers can already impose these non-compete agreements, as long as the restrictions on a former employer are reasonable and limited. If this proposal passes, however, judges will be allowed to edit non-compete contracts that contain overreaching restrictions. This innocent-sounding change totally tilts the table on non-competes to favor employers-encouraging them to write their agreements overly broad. If the new law passes, the worst that can happen to an employer who purposefully puts overly broad restrictions in his non-compete agreements is that, at some distant time in the future, a judge may make the employer use more reasonable restrictions. In the meantime, employers can make employees sign these overly broad non-compete agreements or get fired, and then fire them anyway. Employees, who rarely have the money, would then have to hire lawyers to fight the agreement. Most can't afford that. Result: doctors, engineers, salespersons and others typically targeted with non-competes become wrongly locked into jobs, and our courts become activist, contract re-writing scribes. Voters should vote "No" to Amendment One. Vote no to proposals that make it harder to find jobs. Vote no to deceptively worded ballot proposals. Vote to make Georgia more competitive and defeat this gouging by big business.

Georgia Property Owners Need to Consider Fall Prevention for Elderly

Jason Schultz — Thu, 30 Sep 2010 09:02:10 -0500

A string of high-profile falls, involving elderly celebrities who have suffered complications from their injuries, has put the spotlight on the kinds of health risks that Georgia's elderly face from unsafe properties. Singer Eddie Fisher died last week after suffering complications from a surgery to treat a hip fracture, while Zsa Zsa Gabor is still suffering complications from a broken hip.

The International Osteoporosis Foundation has released a study about the risks of falls among the elderly. The study has been released just in time for International Osteoporosis Day, which falls on October 20 this year. According to the study, there are more than 9 million osteoporotic fractures every year, and out of these, 1.9 million involve fractures of the hip.

An estimated 25% of people aged 50 and above who suffer a hip fracture die within the first year after suffering the injury. The most common causes of death among these people are infections, pneumonia and blood clots. Hip fractures are much more devastating among the elderly because they are at a higher risk of osteoporosis, a condition in which there is decreased bone mineral density. Brittle bones are more likely to fracture during a fall.

The Foundation’s study has special lessons for Georgians and Americans in general. We are heading towards a boom in the population of senior citizens in this country. In the next few years, baby boomers will cross into their 70s. This generation of senior citizens is expected to live longer, healthier lives. They are expected to be more active, which means we will see more numbers of elderly citizens using public parks, walking in malls, visiting public buildings and so on.
It is important that property owners understand the high risks associated with unsafe premises especially where you have customers, visitors and guests who are over 60 years old on your property. This Atlanta slip and fall premises liability accident lawyer advises fall proofing your property. This would include installation of slip proof, high traction flooring, installation of guardrails and handrails, and designing ramps, stairs and parking lots in accordance with local and national codes.

Are Georgia's Black Motorcyclists More Likely to Be Killed in Accidents?

Jason Schultz — Wed, 29 Sep 2010 07:57:12 -0500

It’s a provocative question, but the answer may not be that complex. A new study indicates that black motorcyclists have a higher chance of being killed in an accident, compared to white motorcyclists.

The study indicates that African-American motorcyclists have a 50% higher chance of being killed in crashes than whites. These differences remained consistent even when the researchers accounted for individual factors, like the seriousness of the crash. What's worse, the study found that black motorcyclists who were not wearing helmets were more likely to be killed, compared to white motorcyclists who were not helmeted at the time of the accident.

What's causing this difference in fatality rates among black and white motorcyclists? The answer could lie in factors beyond the accident site. Researchers believe the difference could be because of lack of accessibility to trauma care facilities in low-income neighborhoods. Another possible explanation is that African-Americans have certain genetic conditions that could compromise their recovery after a serious injury. A third explanation is that African-American motorcyclists may prefer unsafe helmets, or stronger and faster motorbikes.

As a Peachtree City motorcycle accident lawyer, I found the results of this study very intriguing. Black motorcyclists actually have higher rates of helmet usage than white motorcyclists. So, it’s not as if encouraging helmet use among this section of the population would help narrow the gap. However, we could be focusing harder on providing more trauma care facilities in rural Georgia and lower income areas. Come November, and citizens will be able to vote to do just that.

Georgia Accident Victims Desperately Need More Trauma Care Centers

Jason Schultz — Thu, 23 Sep 2010 10:53:25 -0500

Georgia currently has just about half of the trauma care centers it desperately needs. While residents in some of our cities have access to the high-quality trauma care should they need it in the event of an auto accident or slip and fall accident, millions of Georgians go without such life-saving access. This is especially so in the rural areas, where it can take hours for a person injured in an accident or a slip and fall, to receive the life saving care he needs.

This dismal situation could soon change if all Georgians pitch in. An amendment to the Constitution, if approved, would add $10 to your vehicle's tag, and the funds that are generated would pay for additional numbers of trauma care centers across the state. The amendment has been added to the November ballot, and if you believe Georgians deserve the kind of easily accessible high-quality trauma care centers that people in other states enjoy, this is your chance to make your voice heard.

If Amendment Two is approved, the $10 annual fee that is added to your vehicle tag could generate $80 million for trauma care funding. The money can be used to buy medical helicopters and for upgrades of emergency rooms.

Trauma care facilities can provide specialized life-saving care during what is generally known as the “golden hour.” This is the hour soon after a person sustains injuries in an automobile/truck/motorcycle accident or slip and fall accident. During this hour, the chances of saving the person's life are at their highest, provided the victim receives emergency and immediate medical care.

Unfortunately, every year, thousands of Georgians who are involved in accidents in areas far from a trauma care center are unable to access this care and many die needlessly.

Jason Schultz is an Atlanta auto accident lawyer helping victims of auto and car accidents in Georgia recover the compensation they deserve.

Atlanta Car Accident Attorney's Wish List for the Distracted Driving Summit

Jason Schultz — Tue, 21 Sep 2010 08:13:24 -0500

Later this month, Transportation Secretary Ray LaHood will convene the second Distracted Driving Summit. The summit will focus on strategies to prevent accidents caused by distracted driving, especially the distractions posed by the use of cell phones at the wheel.

Last year’s distracted Driving Summit was a huge success. Since then, there have been several accomplishments, including a federal ban on texting while driving for commercial bus and truck drivers, as well as a ban on the use of cell phones while driving for all federal employees. Many states, including Georgia, have moved to impose a ban on texting while driving for all motorists. It's too early to say how many lives will be saved in Georgia because of this ban, but I'm highly optimistic that this new law will translate into more responsible driving practices.

As an Atlanta car accident lawyer, I would like to see this year's summit focus on getting employers around the country to set strict “no cell phones while driving” policies. There is only so much that new laws and legislators can do, and employers can play a big role in fostering a safer driving environment. There's more than just employee safety at stake here. There could be potentially serious liability problems for an employer whose employee causes an accident because of cell phone use while driving.

While the Department of Transportation has a ban on texting while driving for commercial truck drivers, I would like trucking companies to get more involved in ensuring that their drivers are focused on the road, and not on cell phones and other technology in their cabs. Atlanta truck accident attorneys know that truck drivers are at great risk of an accident from distractions involving dashboard computers and cell phones. Eliminating computers in trucks may not be practical, but companies could have strict policies to establish that these computers must be used only when the truck is not in motion.

Higher Rates of Seatbelt Use, Ban on Text Messaging Will Increase Safety for Truck Drivers

Jason Schultz — Wed, 31 Mar 2010 11:36:13 -0500

The year 2010 has seen a number of new measures aimed at trucking safety. First, there was the ban on texting while driving for all commercial truck drivers. While no Atlanta truck accident lawyers doubt that a measure like this will keep motorists safer from distracted truckers, it's also true that the truck drivers will benefit from having their attention focused 100% on the highway ahead of them.

News on truckers seat belt usage is encouraging - the numbers of truckers buckling up is higher than in 2007. According to figures released by the Federal Motor Carrier Safety Administration, 74% of all truck drivers now wear seatbelts while driving. Those figures are up from 65% in 2007.

Some interesting facts came out in the FMCSA survey.

· Truck drivers in states that have primary enforcement seat belt laws were more likely to buckle up, as compared to those in states that have secondary enforcement. In primary enforcement states, the compliance rate was 76%, while in other states it was just 67%.

· Drivers working for national fleets had a better rate of compliance with seatbelt laws, as compared to drivers working as independent operators.

· Western states have the highest seatbelt compliance rates with an average of 79% of truckers wearing seat belts.

· The worst compliance rates were seen in the northeastern states, with just 64% of drivers buckling up.

· Southern states had a respectable compliance rate of 75%, which is better than the national average, while the Midwest had a compliance rate of 68%.

Most truck safety efforts focus on the safety of those sharing the road with trucks, for good reason. In approximately 80% of truck accidents, it’s the occupants of the smaller vehicle that have the highest risk of injuries and death. However, every year, hundreds of truck drivers are seriously injured or killed in accidents as well. Wearing a seatbelt is certainly one way a truck driver can increase his or her chances of survival in a truck wreck.

Medical Malpractice Damage Caps Held Unconstitutional

Jason Schultz — Mon, 22 Mar 2010 09:39:49 -0500

Joy in Whoville! A great victory for those Georgians who have been, and who will be in the future, seriously injured due to medical negligence. Today, the Georgia Supreme Court unanimously declared caps on damage awards for medical malpractice cases to be unconstitutional.

The Supreme Court found that the $350,000 cap imposed by the Legislature in 2005 violates the right to a jury trial as guaranteed under the Georgia Constitution. The tort reform law "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," Justice Hunstein wrote for the Court. "Consequently, we are compelled to conclude that the caps infringe on a party's constitutional right."

Atlanta lawyer Adam Malone, who represented the victim at trial, applauded the court's decision. "The bedrock of our democracy depends upon our ability to self govern at the ballot box and in the jury box," Malone said. "Any attempt by the government to invade either is an assault on what separates America from the rest of the world."

Highway Accident Fatalities at Record Lows - Thank a Trial Lawyer

Jason Schultz — Fri, 19 Mar 2010 14:13:48 -0500

The numbers of deaths on American highways are at an all-time low, according to preliminary estimates from the Department Of Transportation.

The total numbers of fatalities in 2009 were an estimated 33,963. That is a drop of 9% from 2008, when the number of fatalities stood at 37,261. Those numbers have been declining every year since 2005, when an estimated 43,510 people were killed in highway accidents in the country.

The Department Of Transportation says that three key factors that have contributed to this dip in highway fatalities. These are:

· Widespread use of seat belts

· More advanced auto safety features in cars

· Declining numbers of drunk driving accidents

Seatbelt use in the country is at its highest point in years with national seat belt use at about 84%. Most states have mandatory seatbelt laws for drivers and front seat passengers, and 22 states have passed laws requiring seat belts for all occupants. Georgia’s seatbelt laws, however, exempt pickup truck drivers from having to buckle up. Obviously, we have a while to go before we can get to the 84 % national seatbelt use mark.

There's also no doubt that cars are much safer than before. Even with Toyota vehicles accelerating out of control, Americans are now safer in cars that come with side airbags, auto braking systems, and electronic stability control systems that prevent the car from rolling over. Cars did not become safer simply because the auto makers began to "care". Cars became safer after adverse publicity from lawsuits and verdicts caused sales to suffer. The auto industry then began marketing "safety" to the consumers.

According to Transportation Sec. Ray LaHood, there is more that needs to be done to bring those fatality numbers down further. Sec. LaHood has made distracted driving a big part of his efforts to bring down highway fatalities. His agency has set up a website dedicated solely to distracted driving, and he has lobbied for states to push their own laws against texting and use of cell phones while driving.

Jason Schultz is an Atlanta accident lawyer, helping injured victims of accidents including those caused by distracted driving, recover compensation for their injuries.

Medical Malpractice Payments Continue to Fall

Jason Schultz — Thu, 11 Mar 2010 11:23:36 -0500

More evidence revealing that rising health care costs have nothing to do with medical malpractice lawsuits and that changing the liability system will do nothing to curb costs, but will be deterimental to injured patients and their families. The National Practitioner Data Bank has recently reported that fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record.

The value of malpractice payments was also the lowest since 1999. Adjusted for inflation, payments were at their lowest since 1992, a Public Citizen analysis of the NPDB shows.

According to the analysis, healthcare spending rose 83 percent from 2000-09, while medical malpractice payments fell 8 percent (both figures are in unadjusted dollars.)

Distracted Driving - Are Digitized Billboards a Collision Risk?

Jason Schultz — Tue, 09 Mar 2010 14:37:15 -0500

Efforts are underway to go beyond cracking down on distracted driving from cell phone use and text messaging. The new culprit? Digitized billboards. The New York Times is featuring a piece on the risks posed by digitized billboards.

The number of digitized billboards advertising products, broadcasting news headlines, and announcing sports scores, is growing every day. The brightly lit billboards are visible from a great distance away, and give companies the chance to grab motorists attention. They also pose an additional source of distraction.

The billboard industry insists that the distraction is minimal. Opponents say the accident risks outweigh any benefits.

A Virginia Tech Transportation Institute study in 2007 noted that digitized billboards did not change driver behavior any more than regular billboards, but that study has drawn criticism once it was discovered that the billboard industry funded it. The Virginia Tech researcher has called for more studies into the crash risks from these billboards.

As an Atlanta car accident and personal injury lawyer, I believe we need those additional studies very soon. We should confirm whether the risks are the same for both digitized and traditional billboard. The number of digitized billboards is rapidly growing and possibly the number of car wrecks on Georgia’s highways.