Georgia Personal Injury Law Blog

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.

Georgia's Highway, Motorcycle Safety Programs Threatened by Political Deadlock

Jason Schultz — Tue, 02 Mar 2010 13:12:51 -0500

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.

Atlanta Truck Accident and Personal Injury Lawyers Applaud FMCSA's Launch of a Website for Pre-Employment Screening of Truck Drivers

Jason Schultz — Mon, 01 Mar 2010 10:27:10 -0500

Truck safety groups and accident lawyers around Georgia will welcome the launch of a new website that will allow trucking companies to screen drivers before they are hired.

Last fall, Transportation Sec. Ray LaHood announced that the Federal Motor Carrier Safety Administration would launch a website that would provide access to driver safety records. The website was launched this week. Employers can now access up to five years of a potential employee’s accident history, and up to three years of his inspection history. The program uses data from the Motor Carrier Management Information System. Employers who use the system will access the same information that’s available to police officers and FMCSA staff. The data is not yet available on the website, but should be online in the next couple of months.

The website marks a step forward in trucking safety. One of a trucking company’s responsibilities in preventing truck accidents is the hiring of competent, trained and experienced drivers with a good driving record. This website will make it easy for trucking companies to screen employees before making the decision to hire.

An easily accessible system like this has been necessary for quite a while now. As an Newnan truck accident attorney, I have been calling for the Federal Motor Carrier Safety Administration to get more involved and proactive in bolstering driver screening programs. The information on the website will be available not just to trucking companies, but also to the truck drivers themselves, who will be free to use the report as part of their job application. This makes the entire process of hiring truckers much more transparent.

CNN Anchor Anderson Cooper Named in Slip and Fall Premises Liability Lawsuit

Jason Schultz — Wed, 24 Feb 2010 15:28:06 -0500

Keeping their premises safe is not something even the famous can neglect. CNN anchor Anderson Cooper is being named in a lawsuit filed by a New York interior designer, who claims that she fell through a hole in the floor of his new home.

The designer, Killeen O’Brien, says the accident occurred in the anchor’s newly purchased house, which used to be a fire house. The fireman’s pole had been removed, but the hole remained uncovered. O’Brien says she fell though the hole, a fall of close to 17 feet. She is naming Cooper, as well as Cary Tamarkin, who is the developer of the property, in the lawsuit.

A 17 feet fall is no laughing matter. Injuries sustained in a fall this high can be serious, or as O’ Brien’s lawsuit says, even fatal. Injuries in such falls range from broken bones, head/brain injuries, spinal cord injuries and even death.

You don’t expect to trip, slip and fall in someone else’s property. Property owners are required to keep the premises safe and well maintained to prevent injuries and accidents. Keeping a property safe doesn’t mean that a visitor or guest is not expected to exercise reasonable care for themselves on the premises. However, it does mean that the property owner must take reasonable care to safeguard the property.

Here are a few things you can do to avoid coming up against an Atlanta premises liability lawyer.

Make sure that walking surfaces are slip resistant and free of obstructions. For instance, shopping aisles must be from free of cartons and boxes lying unattended on the floor.
Make sure that walking surfaces are free of grease and water spills. If you’re a retailer, must make sure than any accidental spills are cleaned up as quickly as possible.
Provide firm and strong handrails and guardrails for support.
Waking areas must be well illuminated
Stairways must be well it.
Care must be taken to stack merchandise safely to avoid these falling on top of shoppers.
Snow and ice must be removed from the steps and front of buildings or commercial premises.

Atlanta Truck Accident Lawyer Supports Ban on Texting for Truckers

Jason Schultz — Mon, 08 Feb 2010 16:59:14 -0500

As an Atlanta truck accident lawyer, I am pleased to see federal agencies taking decisive steps to promote truck safety and prevent accidents. In the latest such measure, the US Department of Transportation has announced a ban on texting while driving for all commercial truck and bus drivers. The ban is effectively immediately. Considering the DOT’s war on distracted driving, I wasn’t too surprised that the ban was enacted.

The ban comes soon after the Federal Motor Carrier Safety Administration announced that it would be revising the hours of service rules for truckers. New rules can be expected in the next few months, and these will hopefully set consecutive working hours back to 10.

As long as the federal government is on a roll with these commendable steps, I believe it should go the distance and implement a number of other measures that this Atlanta truck accident lawyer has been hoping for years. These include

Mandating onboard recording devices on trucks that monitor the number of hours the trucker has driven, by tracking the number of times the vehicle is switched on and off
Mandating seatbelts on all buses
Mandating sleep apnea screenings for all commercial truck drivers. If the government wants to deal with trucker fatigue-related accidents, it would make sense to also deal with the other major factor in trucker fatigue.
Putting aside all plans to increase the weight limit of tractor trailers on our highways. The trucking industry has been lobbying hard for bigger and heavier trucks that would allow companies to transport more cargo in a single trip. We don’t need heavier trucks on our highways. What we do need are stronger laws that prevent accidents involving our current-sized trucks.

Boy Dies in Tractor Trailer Accident in McIntosh County

Jason Schultz — Fri, 29 Jan 2010 17:21:53 -0500

A speeding truck is being blamed for a fatal accident over the weekend on I-95 in McIntosh County, Georgia.

According to news reports, a family of five was on its way to Florida, when their minivan was rear ended by an 18 wheeler. The force pushed the minivan off the highway and into a swamp. A three-year-old boy, in his child safety seat, was killed when the seat could not protect him from the crushing impact of the collision. His parents and siblings were also injured in the accident. The driver of the tractor trailer will likely face criminal charges.

The accident occurred two days after Christmas, and as a parent and Atlanta truck accident lawyer, my heart goes out to the family of the little boy. Investigations into the accident will likely look into the driver’s history and any safety violations.

Did he have any other speeding violations on his record?
Had he been involved in any previous accidents?
How long had he been driving without rest?
Were alcohol or drugs a factor in the crash?

To an Atlanta truck accident attorney, this accident is yet more proof that trucking companies have to be very sure of those whom they hire to get behind the wheel of such a dangerous instrumentality. This is a tragedy that need not have occurred had the truck driver followed a few simple rules.

Atlanta Personal Injury Lawyer Advises Safe Driving in Icy Weather

Jason Schultz — Fri, 29 Jan 2010 16:12:10 -0500

A few weeks ago Atlanta motorists were struggling with relatively rare weather conditions, as several inches of snow fell on much of Atlanta and northern Georgia. Those who aren’t prepared for driving on slick, snow covered streets must exercise extra caution.

One woman was killed in North Atlanta on interstate 75 when her car slid off the slippery roads. Icy roads have also been blamed for a multi vehicle accident involving 29 cars near Atlanta’s Hartsfield Jackson International Airport. Three people were injured in that crash.

Department of Transportation officials encourage people not to go out, unless it is absolutely necessary. Dozens of flights in and out of Atlanta were cancelled, and schools were shut down for several days. The snow fall here is nothing compared to the record breaking blizzard that raged through Washington, New Jersey and other parts of the country during Christmas time and left hundreds of accidents in its wake. But for those who are accustomed to sunny skies and clear visibility, these conditions can be intimidating.

As an Atlanta car accident lawyer, I would advise motorists to take special care while navigating snow covered streets.

Avoid driving like transportation officials have advised, unless it’s an emergency, or absolutely essential. Many Altantans don’t have much experience driving on snow-covered streets, and a freak snow storm is not the right time to learn how to drive in bad weather.
If you absolutely have to drive, drive at slow speeds.
Remember that any potholes on the road will be covered by snow.
Before you drive, check your tire pressure. The pressure can drop in freezing weather. Also check the tire tread depth.
Clear all ice and snow from your vehicle, including car windows and roof.
This will allow you to see clearly.
Keep sufficient distance between your car and the vehicle in front of you.
If you feel your car is skidding, don’t slam on the brakes or step on the gas pedal in panic. Instead, pump your brakes, take your foot off the accelerator and steer till you regain control.
Keep your headlights on. This will not only allow you to see the roads, but will allow other motorists to see your car.
Make sure you’re updated on weather predictions to avoid getting caught in a possibly dangerous situation.

Jason Schultz is an Atlanta Personal Injury and Wrongful Death attorney helping victims of auto and truck accidents in the metro Atlanta area receive compensation for serious injuries.

Teen Accident Fatality Rates Continue to Concern Georgia Auto Accident Lawyers

Jason Schultz — Thu, 17 Dec 2009 14:25:35 -0500

As an Atlanta auto accident lawyer and the father of children who will soon join the ranks of young motorists on the road, I am particularly interested in issues of teen motorist safety. A new report by the National Highway Traffic Safety Administration assures me that my concerns are not unfounded.

According to the report released last month, young drivers are involved in fatal accidents at rates that are disproportionate to their share of the motorist population. While these drivers made up 9 percent of the national population as of 2007, they constituted 19 percent of traffic deaths in the country. Among the most important findings of the study was that fatalities in accidents involving young motorists aged between 15 and 20, make up one-fifth of all traffic accident deaths in the US.

Nationwide, about 2/3^rd of people killed in fatal accidents involving young drivers were either the motorists or their passengers. Out of these passengers, 67 percent were the same age group as the motorist.

As I drilled down into accident fatality data for Georgia, I found that:

Young drivers accounted for 120 fatalities in 2007. Their passengers accounted for a total of 95 fatalities. Out of this, 7 were below 15 years of age, 70 were between 15 and 20 years, and 18 passengers were more than 20 years old.
Occupants of the other vehicles made up 74 fatalities
Non occupants accounted for 11 deaths in these accidents.
Overall in Georgia, 300 people were killed in young driver related accidents in 2007.

I have blogged in the past about the high rates of accident deaths on Georgia’s rural roads compared to its urban areas. The NHTSA report shows that this difference exists even where teen accidents are concerned. Nationwide, 56 percent of all fatal accidents involving young drivers occur on rural roads. These drivers accounted for 57 percent of nationwide fatality rates. This statistic is likely due to poorly maintained and designed rural roads, as well as speeding and drunk driving.

Atlanta Motorcycle Accident Lawyer - Tribute to Harry Hurt

Jason Schultz — Mon, 14 Dec 2009 16:11:32 -0500

Atlanta motorcycle accident lawyers and motorcycle safety groups have lost one of the world’s pioneering authorities on motorcycle safety. Harry Hurt, of the Hurt’s Report, died last week at the age of 81.

As an Atlanta motorcycle accident lawyer, I believe Hurt’s biggest professional achievement was the Hurt Report, which investigated 900 motorcycle accidents in Los Angeles between 1976 and 1977. The investigation led to a better understanding of the causes of motorcycle crashes. The findings were published in 1981, and the research has not been followed by another motorcycle crash study since. The findings of the Hurt Report have helped American regulators understand the causes of motorcycle crashes, leading to the development of safety procedures to reduce them.

Among the Hurt Report’s primary findings were some that were quite startling at the time.

Speed was not a factor in most motorcycle accidents.
Helmet use could prevent serious injuries, such as brain injuries and fatalities.
Most accidents occurred when motorists violated the motorcyclist’s right of way.

Harry Hurt’s interest in motorcycle safety began early. As a graduate student, he participated in a project to develop a crash helmet, which is used as a prototype of sorts for modern helmets. However, it was only after he joined the University of Southern California as faculty, that he really developed an interest in motor vehicle safety.

In the years since the Hurt Report was published, there have been major enhancements made to motorcycle safety. Helmet use is now considered the single biggest factor standing between a motorcyclist and traumatic brain injury. We also know now that motorcyclists are often injured because of a motorist’s failure to yield. Unfortunately, the time has come for new studies into motorcycle crash causation. Fatality rates in these accidents have increased by more than 100 percent over the past decade. It would be the ultimate tribute to Harry Hurt if we follow up his 1981 ground breaking study with a new one that might provide some answers and solutions to the current high fatality rates in motorcycle wrecks.

Cobb County Pedestrian Accident Blamed on Driver Error

Jason Schultz — Mon, 14 Dec 2009 14:33:24 -0500

Cobb County police are blaming driver error for a tragic pedestrian accident last week that killed a 5-year-old school girl. According to the Atlanta Journal Constitution, Karla Campos was getting off her school bus when 82 year old Edith Anderson’s car struck the little girl.

Police believe that Anderson erroneously placed her foot on the gas pedal, instead of the brake pedal. As the car accelerated, she panicked. Anderson tried to avoid hitting a stopped car in front of her, but then swerved to the right and into little Karla instead. The girl was rushed to an Atlanta hospital, but died soon thereafter. Police do not believe that speed, alcohol and drugs were the cause of the tragic incident.

The debate over driving privileges for the elderly is a volatile one, as senior citizens would be the first to remind us that they are involved in far fewer accidents than teen motorists. In Georgia, there are some restrictions on senior drivers. Motorists above the age of 64 are required to renew their licenses in person, and may be asked to take a vision test and a written knowledge test. Motorists may also be required to submit a medical certificate, attesting that they are physically fit to drive. The Department of Driver Services will also re-examine a motorist’s driving skills, and his/her physical and mental condition. In case of physical or mental issues that could possibly impact a motorist‘s ability to drive, the driver will be given a restricted diving license that limits the geographic areas in which he/she can drive, or require the installation of special devices in the car to aid safe driving.

Driving privileges contribute to senior heath. Studies have shown that when elderly motorists have their driving privileges taken away, some suffer low self esteem and depression. It remains important for elderly motorists to be aware of their own limitations and to restrict their driving when the effects of aging begin to impact their driving ability.

Jason Schultz is an Atlanta personal injury lawyer helping victims of automobile and car accidents in Atlanta receive their rightful compensation.

More Holiday Travelers Expected over Thanksgiving Weekend in Georgia

Jason Schultz — Tue, 24 Nov 2009 15:54:23 -0500

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.

Five Myths About Medical Negligence

Jason Schultz — Thu, 19 Nov 2009 16:10:41 -0500

With the cries from all sides about “health care reform”, death panels, government takeovers, and rationing of care, now tort reform has been thrown into the mix. American Association of Justice published "Five Myths about Medical Malpractice Negligence." I reprint it below.

It is especially interesting since the Georgia Supreme Court is currently considering whether to SB3’s $350,000 cap on non-economic damages, which passed in 2005, is constitutional.

“Tort Reform” in the medical arena will do practically nothing to lower health care costs, and certainly will not fix whatever perceived ills there are in the “broken health care system”. However, it will most definitely hurt patients injured through no fault of their own. Seemingly, the effects of legislation on real people have somehow evaporated from the discussion.

To break through all the hyperbole, lies, and distortions, the American Association for Justice today released a new report, "Five Myths About Medical Negligence." The next time a cable news pundit or your neighbor starts talking about tort law changes, chances are this manual will rebut their claims.

As the health care debate moves forward, here are the key myths and facts:

Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.

Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.

Over 98,000 people die every year from preventable medical errors. That's like two 737s crashing every day for a whole year. Instead of focusing on tort law changes that won't fix health care, let's make sure people aren't injured in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.

Read more at: http://www.huffingtonpost.com/anthony-tarricone/calls-for-tort-reform-des_b_345438.html&cp

You can view AAJ President Anthony Tarricone’s article on the Huffington Post and link to the article by clicking here.

DOT to Adopt NHTSA Bus Safety Plan to Prevent Accidents

Jason Schultz — Thu, 19 Nov 2009 15:47:17 -0500

A series of bus accidents in recent months in Georgia and around the country have focused attention on our antiquated bus safety laws, including the failure to mandate seatbelts on buses, and have better scrutiny of motor coach companies.

As an Atlanta bus accident lawyer, I have been particularly troubled by the fact that NTSB recommendations to the FMCSA to mandate seatbelts on buses have been ignored for several years. That’s why it is very encouraging to read about the National Highway Traffic Safety Administration and its Motor Coach Safety Action Plan that aims to prevent accidents and minimize injuries. The plan includes measures that will

Require on-board recorders that will prevent motor coach drivers from operating their vehicles for longer than stipulated by federal laws. This will minimize the number of bus crashes that are caused by driver fatigue, like the one involving a casino bus in California that killed 11 people last year.
Ban drivers from text messaging while at the wheel, and place restrictions on the use of cell phones while driving. Studies have shown that the risk of accidents increases by 23 percent when a driver is texting at the wheel.
Make it harder for shady bus operators to be able to quickly rename companies and continue operations, when they are forced to shut down after violations have been found. Such unscrupulous companies find it easy to cover their tracks after an accident, making it hard for investigators to find out who owns the bus.
Require seatbelts on buses.
Develop stronger roof crush and collapse standards to prevent the kind of serious injuries that often occur when the roof of the bus disintegrates in a collision.

The Department of Transportation has already indicated its intention of adopting these measures. Seatbelt use may have prevented the kind of serious injuries and fatalities that occurred in the Bluffton University bus accident in Atlanta in 2007, which killed 7 occupants. The NTSB recommended seatbelts, and their use, on buses several decades ago, but the Federal Motor Carrier Safety Administration has failed to act on these recommendations.

NHTSA Study Probes Link Between Motorcycle Accidents and Traumatic Brain Injury

Jason Schultz — Wed, 11 Nov 2009 15:15:59 -0500

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.

Truck Drivers Hours of Service Regulations to Be Reviewed by the FMCSA

Jason Schultz — Mon, 09 Nov 2009 16:28:17 -0500

The Federal Motor Carrier Safety Administration (“FMCSA”) has agreed to rewrite hours of service regulations for truck drivers, bowing to pressure from safety groups and labor unions who insisted that the current rule increased the risk of accidents.

The current rule allows long haul truckers to drive for 11 consecutive hours at a stretch, extended from the previous ten. That move had been opposed by victims’ families, truck safety groups and the Teamsters union, who challenged the rule, claiming that these extended hours increased the risk of accidents. The FMCSA has now agreed to rewrite the rules. The agency has assured these groups that it will come up with new rules governing hours of service within the next 9 months.

The move to rewrite the rules comes even as a new chief takes office at the FMCSA. Anne Ferro, a former Maryland trucking industry lobbyist has been confirmed as administrator of the Federal Motor Carrier Safety Administration. Ferro’s nomination for the post of FMCSA chief had not been without controversy, mostly because of her past as a lobbyist for the trucking industry. For 6 years, Ferro served as president of the Maryland Motor Truck Association, a fact that aggravated her opponents, even though her lobbying was restricted to the state and didn’t extend to federal officials.

As an Atlanta trucking accident lawyer, I have been especially concerned about Ferro’s strong support for the 11-hour trucking rule, in light of the mounting evidence that it placed truckers and motorists at greater risk. It doesn’t take a “rocket scientist” to appreciate that truck drivers are under constant pressure to meet tight delivery schedules, and the fewer hours they are forced to drive, the safer we all will be.

Morehouse College Bus Accident Injures Several Over the Weekend

Jason Schultz — Mon, 02 Nov 2009 13:26:33 -0500

At least 13 marching band members from Morehouse College were injured over the weekend in a bus accident in Henry County. The bus was carrying the students to a football game at Albany State University on Saturday morning, when it overturned into a ditch.

According to news reports, the charter bus was carrying 42 passengers when it apparently skidded off I-75 and flipped over. 13 band members were injured seriously enough to require treatment in a hospital, but their injuries are not reported to be life threatening. The highway was apparently wet from recent rain, and the weather is being cited as a possible contributing factor in the accident. Investigations will likely first try to determine what the speed of the bus was at the time.

Adverse weather can impact a bus driver’s ability to maintain control of the bus. Commercial bus drivers are bound by Federal Motor Carrier Safety Administration regulations which mandate that drivers drive with “extreme caution” in adverse weather conditions and adjust their speed accordingly.

The unfortunate crash also coincides with the National Transportation Safety Board’s recommendation to the Federal Motor Carrier Safety Administration that commercial bus drivers be screened for sleep apnea. It also comes at the end of a week in which the NTSB released its investigation report into the deadly bus accident in Sherman, Texas last year. The agencies report especially criticized federal and state agencies for ignoring several of its bus safety recommendations over the years, especially those relating to seat belts in buses.

Jason Schultz is an Atlanta personal injury lawyer representing victims in injury litigation.

Three People Injured in Roller Coaster Accident at Georgia-Carolina State Fair

Jason Schultz — Sat, 31 Oct 2009 08:07:29 -0500

A thrilling ride on a roller coaster ended with a trip to the hospital for three teenagers in Richmond County after the roller coaster they were on crashed last weekend.

The accident occurred at about 9:30pm on Saturday on a roller coaster at the Georgia Carolina State Fair. According to news reports, one of the coasters crashed into the other coasters, which were not in motion. At least four people were injured, and three of them required treatment in the hospital for their injuries. Not surprisingly, most of the injuries involved back pain from the impact of the crash. According to reports, one of the victims’ fathers noticed that the coaster was about to crash into the others, and yelled at the operator to stop the ride, but the operator failed to apply the brakes in time.

None of the injured victims were given medical assistance or first aid. Fair authorities didn’t even bother to call an ambulance, even though one of the victims was in severe pain. Instead, they quickly shut down the roller coaster, telling the patrons that the ride was being shut down because the weather was too cold, which could interfere with the smooth operation of the ride.

This isn’t the first accident involving the Georgia Carolina State Fair. In 2006, 13-year-old Desiree Northington suffered serious head injuries, when she was thrown off the Orbiter ride at the fair.

Amusement Park Accidents Often Linked to Poor Maintenance

You shouldn’t have to worry about being injured when you’re on a roller coaster with your friends. Amusement park safety is something that most of us take for granted. Unfortunately, many serious injuries occur due to poor maintenance, resulting in tragic malfunctions.

Jason Schultz is a Georgia premises liability lawyer, representing victims injured in slip and fall accidents, apartment fires, amusement park accidents, swimming pool accidents, and assaults in hotels and other commercial spaces.

NTSB Recommends Screening for Sleep Apnea for Truck, Bus Drivers

Jason Schultz — Thu, 22 Oct 2009 16:40:36 -0500

A series of accidents and near-misses involving nearly all modes of transportation and drivers suffering from sleep apnea, has spurred the National Transportation Safety Board into action. The agency has recommended that commercial truck and bus drivers be screened for sleep apnea. The NTSB has recommended to the Federal Motor Carrier Safety Administration (FMSCA) that medical examiners probe truck and bus drivers about sleep apnea, and make more efforts to identify the disorder in these drivers.

Earlier this year, the NTSB made similar recommendations to the Federal Aviation Administration (FAA) and local transit agencies around the country. Those recommendations called for screening of airline pilots and train operators for sleep apnea. The move comes after a series of accidents involving sleep apnea and commercial vehicles, including trucks, buses and even cruise ships.

Sleep apnea is a sleep disorder that is far more common than you think. Persons suffering from this condition experience interruptions in breathing during sleep. These interruptions can last for just a few seconds, and there may be multiple episodes in a night. The disturbed sleep leads tiredness or drowsiness the next day.

Sleep apnea is often hard to diagnose. There may be no other symptoms except for drowsiness and fatigue, and doctors may misdiagnose this as chronic fatigue syndrome, if diagnosed at all. Anyone can suffer sleep apnea, but occurs more frequently in those who are “overweight”.

It’s important to stress here that commercial truck drivers may actually be at a higher risk of sleep apnea simply due to their lifestyle. A trucker may work long hours, eat an unhealthy diet, and enjoy little exercise, all contributing to obesity and placing him at a higher risk for sleep apnea. Without screening, drivers may not receive treatment for the condition, placing them and the motoring public at risk for a serious truck accident.

Jason Schultz is an Atlanta trucking accident attorney, helping injured victims of tractor trailer and semi truck accidents recover compensation for their injuries.

Construction Worker Killed in Atlanta Trench Collapse

Jason Schultz — Thu, 22 Oct 2009 16:27:21 -0500

As an Atlanta construction accident lawyer, I know that trench collapse accidents are some of the most preventable ones in a construction zone. On Thursday evening, a worker was killed in a trench collapse at a construction site in Atlanta.

According to the AJC, the sewer trench was being constructed for a Habitat for Humanity home. The collapse occurred at around 4pm when the man fell into the 9-foot trench. Atlanta Fire and Rescue personnel, who rushed to the scene, said they removed about 32 cubic yards of dirt from the trench, and each cubic yard weighed about 3,000 pounds. The unidentified worker's body was recovered about 4 hours after the collapse. Another worker also fell in, but was rescued immediately.

Occupational Safety and Health Administration (OSHA) officials who investigated will determine whether all appropriate safety procedures were followed. However, according to emergency rescue crews, no trench shoring was done. Trench shoring is done to reinforce trench walls, using steel or wood. Shoring strengthens the sides of the trench, preventing walls from caving in. According to rescue crews at the scene of this accident, a trench collapse at the site was a very real possibility due to recent rains.

In all likelihood, trench shoring may have prevented this kind of collapse. Trench shoring is increasingly the standard at sites in Georgia and around the country. Unfortunately, there are still companies that scrimp on what they see as an additional expense, but could mean the difference between life and death for a worker during a collapse. Based upon the preliminary investigation, this appears to have been a preventable tragedy, and the family of this worker should consult with an Atlanta construction accident lawyer to understand their rights.

FHWA Announces Study into Causes of Motorcycle Accidents

Jason Schultz — Thu, 15 Oct 2009 16:13:19 -0500

The Federal Highway Administration earlier this month announced the launch of a new study into the causes of motorcycle accidents. The announcement of the study, which will be conducted at the Oklahoma State University, has been welcomed by the American Motorcyclist Association. The study is being funded by lawmakers and the motorcycle community. It will evaluate data from motorcycle crashes and isolate common factors. It will also look into what kind of counter measures can minimize the impact of these causal factors.

The last major motorcycle accident study in the country was conducted in 1981. That study resulted in the release of a report called “Motorcycle Accident Cause Factors and Identification of Counter Measures,” also known as the Hurt Report. The information that was derived from that study has been of great help in understanding the causes for motorcycle accidents, and the development of effective strategies to prevent them.

However, since the Hurt report came out in 1981, the following changes have taken place:

There are an increased number of registered motorcycles on American highways.
Contrary to 1981, many of today's motorcyclists are men above the age of 50.
Today's motorcycles are far more powerful than before.
The numbers of motor vehicles on our roads have increased greatly
The distractions that motorists face everyday have also increased dramatically.

A fresh study into the causes of motorcycle accidents has been long overdue. Nationwide and in Georgia, there has been an increase in motorcycle crash fatalities, a trend that has been rising steadily over the past decade. As an Atlanta motorcycle accident lawyer, I am glad to see that there will be a "fresh" look into common motorcycle crashes which promises to yield new insight for all of us.