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Cell Phones and Driving - As Dangerous as Driving Drunk

Most Likely Times for Accidents

Pickup drivers in Georgia, who are currently not bound by mandatory seatbelt laws, may have somber reason to reconsider - according to statistics by the National Highway Traffic Safety Administration.

As outlined in Forbes, According to NHTSA and other agencies, 55% of people who died in accidents were not buckled up.  According to the data, Saturday is the day of the week you're most likely to be involved in an auto accident, while August is the most dangerous month of the year. Between 5 and 6 pm is the time of the day most likely to end in an auto accident fatality.  When you factor the number of fatalities in proportion to the number of vehicles on the road, then the hours between midnight and 3 a.m. see the highest accident death rates.

Georgia's lax cell phone laws for drivers also have dire consequences.  Using a cell phone while driving apparently increases the risk of becoming a car accident statistic by up to 4 times. The current hand held cell phone ban in several states have not decreased the number of accidents that occur.  The data seems to indicate that hands free devices are just as bad as hand held devices in causing distraction.

To avoid becoming another accident statistic is really pretty simple.  Avoid speeding, using the cell phone while driving, and always buckle up.  These simple steps may not spare you from another's negligence, but it may ensure that you walk away from an accident with minor injuries.

If an accident is caused by other motorists' negligent behavior, including drinking and driving, driving above the speed limit, using a cell phone while driving and other careless actions, victims can claim compensation for their injuries. If you have been injured in a car accident, contact a Peachtree City accident lawyer at my office to discuss your options for compensation.

Bainbridge, Georgia Woman Seriously Injured in Car Wreck

A Bainbridge woman has been seriously injured after a two-vehicle car accident on Georgia 253 North on the border between Decatur and Baker counties.   Larsen Wilkinson, a student of North Georgia's Young Harris College, suffered injuries over the weekend when her car was hit by another vehicle driven by Santarious Romero Nelson. Nelson's car is said to have drifted off the highway after which he lost control of the vehicle. The car spun backwards and into oncoming traffic and Wilkinson's car. Larsen was rushed to the hospital where she underwent surgery for two broken legs. Nelson didn't suffer major injuries in the crash.  Nelson has received a citation for his failure to maintain his lane.  There are no further details about the crash, or the possible role of speeding or alcohol.

 Atlanta Car Accident Lawyer

Victims injured in an accident caused by another motorist's negligence may be eligible for compensation for their injuries. Reckless driving, speeding, drunk driving, and other failures to maintain traffic safety rules can be some instances of a motorist's negligence.  Driving is a privilege, not a right, and when drivers neglect other people's safety on the road, they may find themselves liable for any accidents or injuries that result.

Do Not Be a Victim Twice Georgia - Get Plenty of Uninsured Motorist (UM) Insurance

As the economy worsens, more and more people are dropping their car insurance or reducing limits to the state minimum, which is only $25,000 in Georgia.  Insurance.com says it also is seeing evidence recently of more uninsured motorists. It says that as many as 40% of callers following up on online applications had let their previous policies lapse, up from less than 10% a couple years ago.

If you get into a car accident and suffer serious injuries, and the other driver doesn't have insurance or only has liability coverage of $25,000, you want to be made financially whole again. To protect yourself, you must purchase as much uninsured/underinsured motorist protection as you can possibly afford.  Hospital and doctors bills can accumulate very rapidly in a serious injury case, and without Um coverage, you may be left owing those bills yourself even if the wreck was not your fault.

It's usually relatively cheap to add UM coverage to your car insurance, especially considering the amount of protection it offers. It could pay your medical bills, lost wages, and pain and suffering. If someone hits you or your car and is legally responsible for the damages, you won't get any money from them if they don't have money to give you.

Here's how to protect yourself:

1. Make sure you have extra coverage that compensates you if you're hit by an uninsured motorist.
2. Set your own liability insurance amount commensurate with your assets. This amount also helps determine the limit of your uninsured motorist coverage.

The Law Office of Jason R. Schultz PC represents car accident victims throughout Georgia, including Peachtree City, Newnan, Marietta, Decatur, Atlanta who have suffered serious injuries.  If you would like to find out more about these types of accidents, injuries and insurance claims please take advantage of our FREE book entitled "The Ultimate Guide to Injury Cases in Georgia", visit our car accident practice area or call (404) 474-0804; Toll Free (866) 455-4709.   

No Formula for Diminished Value Claims in Georgia

Allstate Named America’s Worst Insurance Company

Over Correcting Likely Cause of School Bus Accident in Georgia

It's a situation in which you shouldn't trust your first instinct because it may be fatal.  Overcorrecting, or quickly snatching the steering wheel back in the direction of the road to get back on it when your vehicle goes onto the shoulder, is one of the leading causes of traffic fatalities in this country.

From all reports thus far, it appears that the school bus driver simply left the roadway momentarily and then over corrected, causing the bus to to leave the roadway and injuring, some seriously, the 25 students aboard the bus. 

When the front tire goes off the shoulder and then hits the raised surface of a paved road, that difference can be deadly. "That's what causes the vehicle to lose control," says Capt. Brent Coates of the Florida Highway Patrol.  "That's when the vehicle flips and people are ejected if they're not wearing a seat belt."

Momentary distractions such as changing a CD, dropping a cigarette or answering a cell phone can cause drivers to straddle the shoulder of the road, but panic becomes their worst enemy.

Coates said in that split second, he knows a driver's first instinct is to snatch the wheel to get back on the road, but a driver should immediately do two things when their vehicle veers off the roadway.

"The first thing is to let off the gas and get a firm grip on the steering wheel," he said. "Then, once the vehicle is slowed down, the driver should ease the vehicle back onto the roadway." If no obstacles are on the side of the road, a driver can just slow down and stop, then get back on the road when there's no traffic and they've calmed down.

"Drivers should look for what's on the side of the road as they're driving in case they have to leave the road like that," Coates said. "Planning ahead while you're driving is second nature for us (troopers), but drivers don't always do that."

The wreck this morning brings to a head the issue of seat belts on school buses and whether they should be mandated by the federal and/or state goverment.  In November 2007, U.S. Transportation Secretary Mary E. Peters  announced a new federal proposal to make school buses safer by requiring higher seat backs and setting new seat belt standards for the nation’s 474,000 school buses.

Despite the new proposal, the official National Highway Transportation Administration (NHTSA) position statement on seat belts on school buses concludes that "there is insufficient reason for a Federal mandate for seat belts on large school buses." The statement points out that:

"School bus transportation is one of the safest forms of transportation in the United States. We require all new school buses to meet safety requirements over and above those applying to all other passenger vehicles. These include requirements for improved emergency exits, roof structure, seating and fuel systems, and bus body joint integrity. These requirements help ensure that school buses are extremely safe."

NHTSA feels that the best way to provide crash protection to passengers is through "compartmentalization," in which "buses provide occupant protection so that children are protected without the need to buckle-up. Occupant crash protection is provided by a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs."

It is my opinion that properly worn seat belts would certainly have minimized the nature and extent of the injuries caused by the careless driving of the school bus driver.

Gov. Sonny Perdue Signs SB 276 UM Stacking Bill into Law

The controversial Senate Bill 276 which passed late in the 2008 legislative session has now been signed into law by Gov. Sonny Perdue.  For months now, the Georgia insurance commissioner, John Oxendine, has been against the bill because of his worries relating to the part of SB 276 that will allow insurance companies to change their rates without his approval.  Oxendine's office has given prior approval to car insurance companies for over 15 years, which means companies must set their rates with the approval of his office. But Senate Bill 276 gets rid of the approval process altogether.

SB 276 began its life in the 2007 session as an effort by Sen. Cecil Staton (R-Macon) to "stack" so-called uninsured motorist policies.  Before SB 276, if the at fault driver had $25,000 in liability coverage and the victim only had $25,000 in uninsured/underinsured motorist (UM) coverage, the victim would not get the benefit of his UM coverage.  With stacking, assuming that the case was worth $50,000, the victim would now be able to recover $25,000 from the at fault driver and $25,000 from his/her own UM insurance carrier.

The new law will now allow those coverages to stack but only if the consumer chooses  the stacking option.  The consumer can choose the coverage that they currently have where the coverage doesn't stack, or the consumer could choose expanded coverage where they will stack to give that additional protection, or the third option is not to have UM coverage at all.

According to Bill Clark, Chief Lobbyist for the Georgia Trial Lawyers Association, "The states that have adopted a free market system for insurance ratings have seen significant reductions in premiums for their citizens."   He said consumers will now have the benefit of a free market system. He also said that the more than 250 car insurance companies that sell in Georgia must now compete with each other to win a driver's business.  In the final analysis, we will all have to wait and see who was correct about whether the insurance rates will go up across the board or not.

Atlanta Man Charged in Wrong Way DUI Collision Involving Serious Injuries

Atlanta Medical Malpractice Lawyer Applauds Georgia Supreme Court for Overthrowing Medical Malpractice Damages Cap

Georgia Medical Malpractice Lawyer

DeKalb Jury Compensates Family $3.8 million in Georgia Wrongful Death Medical Malpractice Lawsuit

The DeKalb Medical Center and a nurse staffing agency have recently been found to have been negligent in their care of a 73 year old man who died in December 2005.  The jury returned a verdict for his family of $3.8 million.

73-year-old William Rowland, a businessman from Decatur, Georgia was admitted to the hospital after a car accident on August 14, 2005. The nurse on duty apparently failed to look at his medical chart which contained Rowland's low blood pressure readings. Those crucial readings had been recorded by a nurse's aide. Howard failed to check the reading for 8 hours. During that time, Rowland slipped into a semi comatose state and later died.

The nurse was employed by a Florida-based staffing agency, Medical Staffing Network. The agency blamed the nurse's aide, who was an employee of DeKalb Medical Center. Both the hospital and the agency were found negligent. DeKalb Medical Center has filed a separate lawsuit against Medical Staffing Network.

Medical Malpractice Damages

Victims of medical malpractice may be entitled to compensation for medical expenses (these can include past expenses as well as expenses that are expected to show up in the future), lost wages, as well as damages for pain and suffering. The spouse of a victim may be eligible for loss of consortium damages, which compensate for loss of companionship, care, and affection.  Families of victims, who are killed because of the medical negligence of doctors, nurses and other heath care professionals, may also be eligible to file a wrongful death claim.

Medical malpractice litigation is very complex, expensive and time consuming. That's why it is important that families of such victims get in touch with a DeKalb County medical malpractice lawyer as soon as possible.

Atlanta Rape and Sexual Assault Lawyer - Sexual Assault Victims Find Few Avenues for Justice on College Campuses

As an Atlanta premises liability lawyer, I should be immune to the high sex crime incident rates on college campuses.  But the numbers never fail to horrify me. Approximately one in every five female college students will be the victim of a rape or attempted raped by the time she graduates.

According to an investigation by the Center for Public Integrity, most of the victims do not report these crimes to the police or to the campus authorities. In fact, more than 95 percent of students who are sexually assaulted chose not to report the crime at all.  They encounter barriers when they approach their local law enforcement authorities, who tend to avoid such cases because they sometimes involve drug or alcohol use. Campus authorities prefer to hide these incidents from unwelcome public attention, placing barriers of secrecy that students find difficult to cross.

The report says that few of these victims even have a campus hearing. Those victims who choose to contact campus authorities about their assault frequently find that the campus justice system involves disciplinary proceedings conducted in secret, and negotiations that are not on the record. Not surprisingly, such practices can discourage students from following up on their complaints.  In other cases, they feel compelled to agree to a gag order.

The Center found that such practices leave no room for any accountability and often end with barely any punishment or no punishment at all for the alleged perpetrators of the assault.  The college years are the most formative period in a person's life and shouldn't have to be marred by experiences like this. One in five women falling victim to sexual assault is a shameful statistic.

Jason Schultz is an Atlanta premises liability lawyer, helping victims of assaults and rapes in apartment complexes and colleges seek justice.

Shooting Death of Student leads to Suit against Clark Atlanta University for Inadequate Premises Security

It's a parent's worst nightmare - getting the news that the child you've sent off to college has been killed.  For Jasmine Lynn's parents, that nightmare became reality when their daughter, a Spellman College student, was killed in September outside a dorm at the Clark Atlanta University campus. A fight had broken out on the campus, and shots were fired. A stray bullet struck Lynn, killing her.

Her parents have now announced their plans to file a lawsuit against the university. Lynn's parents are suing the university for wrongful death and neglecting to provide adequate security.

Georgia's premises liability laws can apply to a range of claims, including slip and fall accidents, electrical injuries, assaults, and rapes on other's property. Maintaining safe premises includes not just maintenance of the physical structure of the property to prevent any trips falls, electrical hazards, falling loads etc., but also providing adequate security to visitors, guests, residents and customers.

Premises must have adequate numbers of security guards stationed at entry and exit points.

Premises owners must hire safe and competent employees.

Security gates must be strong and impossible to breach.

Parking lots and common areas must have adequate lighting.

Failure to provide adequate security can be the basis for a claim against the property owner. In Lynn's case, Clark Atlanta authorities had the duty to provide a safe campus for students who had enrolled at the institution. Their failure to do so may have cost a promising young student her life, and the institution should be held accountable for her death if they were negligent in failing to make the campus safe.

Jason Schultz is an Atlanta premises liability lawyer, helping victims of slip and fall accidents, assaults, and rapes on other's properties, recover the compensation that's due to them.

Eight Years After Increased Safety Measures, Atlanta Escalator Injuries Continue to Rise

While reports of ripped toes and disfigurements make it to the front page, those accidents that occur every week on Atlanta's escalators but don't involve maiming, hardly receive a mention.  Yet the truth is that every week, several people have their limbs and clothing snagged in the city's many escalators, many times leading to more than simple bruising.

The Atlanta Journal Constitution examined at least 140 such escalator injury reports that occurred till August of this year, and found that many of them took place in facilities that had multiple escalators, like the Hartsfield-Jackson International Airport or the biggest shopping malls in Atlanta.  A majority of these, safety experts at Georgia's Department of Labor which is responsible for the licensing and inspections of these escalators say, is caused because of the riders themselves, and cannot be blamed on failure of the equipment. Even so, they warn that just because an escalator functions in the manner in which it's supposed to, doesn't make it completely safe.  A majority of these injuries occur when clothing or footwear gets snagged in the gaps at the sides of a moving escalator. A woman recently had her trench coat caught in the gap, pulling her down to the ground as the escalator headed down, and eventually leaving her with a dislocated shoulder before the machine could be switched off.  A 3-year-old child was injured when her Crocs shoes were sucked into the gap, leaving her with a severed toe, and unimaginable trauma.

Many injuries involving little children and escalators have been blamed on the Crocs shoes that victims were apparently wearing in most of the accidents.  Now, experts say that we might just be focusing responsibility and blame for these incidents on the wrong target.  Escalators shouldn't come with these gaps that pose a potential entrapment hazard. Period. 

Eight years ago, after one such incident, the escalator industry responded to these concerns with a set of standards for the size of these gaps, as well as an increase in friction along the edges of the escalator steps.  In 2008, there is still no information on whether these measures have actually helped reduce the number of escalator injuries, because of the lack of any serious studies or evaluations conducted since then.   We have only the escalator industry's defense of the safety of their equipment to rely on.  Meanwhile, injuries continue to occur on Atlanta's numerous escalators.

Escalator injuries can result in severe maiming, including loss of limbs and amputation of toes.  Both children and adults can be at risk when they slip through the escalator gaps, or have their limbs or clothes caught in these.  Liability for these injuries can extend from the makers of the equipment to the companies responsible for maintaining and operating these, as well as a premises liability lawsuit against the building itself.

If you've suffered injuries as a result of an escalator accident, contact an experienced Atlanta personal injury lawyer for a free evaluation of your case.

New Anti Drowning Law for Pools and Hot Tubs

Thousand of pools and hot tubs could be closed unless new anti drowning drain covers are installed.  The new drains are designed to prevent drain suction from trapping children under water.  The rules apply to all pools and spas used by the public.  The improved drain systems were outlined in legislation passed by Congress a year ago.  The legislation bans the manufacture, sale or distribution of drain covers that don't meet anti-entrapment safety standards.

New models use a hump-shaped drain cover rather than the flat style that more easily attains suction with a child's body. Pools with just one drain also are required to install a second drain system, or external shut-off.

The Consumer Product Safety Commission said Monday the agency will focus initially on public baby pools and wading pools, as well as in-ground spas that have flat drain grates on the bottom and just one drain system.

The National Swimming Pool Foundation, a nonprofit group in Colorado Springs, Colo., said about 80 percent of the 300,000 public pools and spas in the United States do not comply with the new rules and may have to close.

Georgia wrongful death and serious injury attorney Jason R. Schultz represents drowning victims and their families.  If you or a loved one have suffered serious personal injuries or death due to a pool operators carelessness or failure to comply with the law, please call (404) 474-0804 for a free consultation

Decatur Dog Bite Attorney - DeKalb County Dog Bite Attack Leaves Child in Hospital

An eight-year-old child was severely mauled by two dogs in Dekalb County last week.  She continues to remain in a critical condition at Children's Health Care of Atlanta at Egleston.

Erin Ingraham was attacked by the Staffordshire Terrier dogs as she was playing in her own yard. The dogs were apparently left in their owner's garage with the door open. There were no leashes or other restraints to keep the dogs on their own property.  Two officers who responded to the scene were able to pull the two dogs off the little girl. One of the dogs was shot when it attacked an officer, and the other dog ran back into its owner's house and was soon caught. The second dog is likely to be euthanized.

The dog's owner, Twyann Atrrell Vaughn, is expected to be charged in the attack.

Erin has already had vascular and plastic surgery. The road to recovery is going to be a long stretch for this little girl, and my thoughts and prayers continue to be with her and her family.

There is no concrete information yet about whether the dogs had a previous history of attacks, or whether Vaughn has been cited before for any attacks involving his dogs. However, his neighbors say that the dogs seemed very aggressive.  Residents in the area were always fearful of an attack. Apparently, the dogs had been involved in attacks on a neighbor's pet cat, as well as on another person.

 Jason Schultz is an Atlanta dog bite lawyer, helping injured victims of dog bites recover compensation for their injuries.

Georgia Dog Bite Lawyer - Infant Deaths in Dog Bites Raise Questions

Marietta Dog Bite Lawyer - Vicious Pit Bull Attacks Child

Atlanta Dog Bite Lawyer - Atlanta Girl Seriously Injured in Dog Bite Attack

Georgia’s Dog Laws Lack Bite

State laws that govern how and when a vicious dog in Georgia is declared to be one are weak, this news report says, and many cities are enacting stronger laws of their own to deal with the problem.

According to Georgia law, a dog can be declared vicious when it has attacked a human being without any provocation, but for this, he needs to have two bite attack incidents on his record.  The Leesburg City Council is just city that doesn't believe that the law is as strong as it should be.  They have put more bite into their own dog laws. These new laws will define a dog as potentially dangerous not only when it has attacked other human beings, but also when it has attacked domestic or pet animals. In Albany, a dog that is chained can be declared dangerous and vicious, even in the absence of an actual attack or injury.  The city of Albany also regulates the size of the enclosure where pet dogs are confined, to a minimum of 200 square feet. A dog that is confined in an enclosure smaller than this may get less exercise and may feel trapped and confined, and therefore, be dangerous, or so goes the logic.

The increased spotlight on aggressive dogs has been augmented by the wrongful death of a five-year-old girl in Thomasville by her family's pet pit bulls. Chyenne Peppers was attacked by the three dogs, one of which was roaming free in the yard while the other two remain chained. The attack was apparently instigated by a pregnant female pit bull, and the other two dogs quickly broke the chains, and joined her in the mauling. The dogs have been turned over to animal control for euthanization, but the attack has raised questions in the community. The sheriff of Thomas County wants a complete ban on pit bulls. The call has raised the ire of pit bull lovers who insist that these are good dogs and if well trained, are good family dogs. All dogs can bite or attack family members they say, and it's unfair to single out pit bulls as a breed. While that may be true, the fact is the majority of dog bite attacks in Georgia and throughout the country are from aggressive breeds like pit bulls and Rottweilers.

As state laws continue to be ineffective in preventing dog bite attacks and keeping dangerous dogs off the street, it's increasingly evident to Georgia dog bite lawyers like me, that there is an urgent need for these laws to be made tougher in an effort to protect the innocent victims, usually children, of the inevitable trauma of a dog attacks.

Dog Bite Attack in DeKalb County, Georgia Leaves Three Injured

Barely a week before a vicious dog bite attack that left a DeKalb County man with leg injuries and two children severely injured, the owner of the pit bulls had been asked to repair a broken fence, which is thought to have been the route through which the animals escaped.

According to 40-year-old Maurice Jones, the two pit bulls came running into the yard where he was, chasing two children, aged 3 years and 14 years. All he heard was the children screaming; the dogs weren't barking at all. By the time he got up to investigate, the dogs were at his feet, biting his calves and ankles. Jones suffered several puncture wounds, and had to be rushed to the hospital. The two children suffered head and ankle injuries.

According to Jones, the pit bulls belonged to the neighbor of the person in whose house the attack took place. The dogs seemed to have escaped from their owner's yard through a hole in a damaged fence that separated the two houses. The owner of the house had apparently asked the neighbor to get the fence fixed just a week before the dog bite attack took pace. DeKalb County police are conducting investigations into the tragedy which occurred on December 27th.

There does seem to be negligence on the part of the owner of the dogs here, considering that they managed to escape from their enclosure, and make it to their neighbor's house. An owner is required to keep unsafe animals under strict supervision, leashed at all times to avoid precisely the sort of dog bite attacks that have occurred here.

According to research, among all dog bite attack-related fatalities, those that are caused by a pit bull bite are the most frequently occurring ones, accounting for up to one third of all such deaths. Most of the victims are children, and as one study in California showed, pit bulls don't think of children as playmates, but as prey. Injuries that result from these attacks, no matter whether they are inflicted on a three-year-old or a sixty-year-old, are often severe, leading to disfigurement and scarring. In many cases, victims need plastic surgery to repair the damage done by these vicious attacks.

The victims here should consider filing a dog bite injury claim against the owner of the pit bulls. Fortunately, civil courts make it possible for victims of such attacks to obtain compensation for their pain, suffering, trauma, medical bills, and any lost wages with the help of a Georgia dog bite lawyer.

Escalator injury Lawyer - Most MARTA Escalators Shut Down for Repairs

MARTA users can expect to trudge up and down stairs in several stations after the agency announced that it would be shutting down more than half of its escalators because they were in need of repairs.

The agency conducted a mass inspection of the escalators in its stations after it was found that an employee of the maintenance contractor had bypassed security circuits at the Dunwoody Station. The employee also likely worked on numerous other escalators throughout the system. That led MARTA to announce that more than 100 of its 149 escalators would be shut down. Currently, 84 escalators are not in working condition. Most of those shutdowns are due to dangerous conditions such as broken steps and stairs, and dangerously wide gaps between the step and the skirting of the escalator.

None of this is good news for MARTA. The agency is already grappling with a $120 million budget deficit, and these inspections and the repairs that will be needed will not make things easier. The escalator inspections alone have cost more than $1 million. It is, however, good to see MARTA take the issue of escalator safety and injury prevention very seriously.

Jason Schultz is an injury lawyer in Atlanta helping victims of personal injury, including those injured in escalator accidents.

The Georgia Tort Claims Act of 1992