Georgia Personal Injury Blog
What Are Georgia’s Cell Phone Driving Laws?
Many distracted driver accidents in Georgia, and across the nation, are caused by drivers who insist on using their cell phone to talk, text, read, or go online, while they are driving. As cell phones became more and more popular, and distracted driving accidents became more prevalent, many states deemed it necessary to restrict cell phone use while driving.
As of July 2011, ten states have banned using a hand-held cell phone while driving, according to the Insurance Institute for Highway Safety (IIHS). These states include California, Connecticut, Maryland, Delaware, New York, Oregon, New Jersey, Washington, Utah, and the District of Columbia. In addition, 30 states and the District of Columbia have restricted cell phone use by novice drivers. The District of Columbia and 19 states have also prohibited school bus drivers from all cell phone use.Read more…
How Boat Defects Can Ruin Your Summer Fun
Boats, jet-skis and other personal water crafts (PWC) are like other forms of transportation in that they are produced, usually en masse, by a manufacturing company. As with car manufacturers, sometimes a boat or a jet ski is manufactured with poor quality materials, with defective parts or with a faulty production process. Unfortunately, a defective boat or jet ski has the potential to cause serious injury or death.
According to U.S. Coast Guard recreational boating accident statistics, there were 4,604 accidents in 2010. These caused $35.5 million in property damage, 3,153 injuries and 672 fatalities.
Of the 4,604 recreational boating accidents, there were 366 accidents caused by boat or boat equipment failure, including:Read more…
What Georgians Should Know about Jackknife Accidents
Any accident involving a big rig increases risk of serious injury, but jackknife accidents have the potential to cause a larger accident area. When a tractor trailer or other articulated vehicle jackknifes, the cab and the trailer fold at their pivoting or linking joint until the vehicle forms an acute angle, like a folding knife, with the cab and trailer facing opposite directions. In a jackknifed position, the big rig would become stuck, usually across multiple lanes of traffic, which can cause chain reaction accidents.
According to the Federal Motor Carrier Safety Administration (FMCSA) 2009 Large Truck and Bus Crash Facts, there were 295,215 large truck accidents in that year. Over 4,000 of these were jackknife accidents. The 4,146 jackknife accidents included 3,000 property damage crashes, 1,000 injury crashes, and 146 fatal crashes.Read more…
When Your Child Suffers a Birth Injury in Georgia
Generally defined, birth injury refers to trauma suffered by a baby during the birthing process. These injuries can be physical or mental and can create undue financial and emotional hardships for the child and his or her family. The injury may be caused by negligent pre-natal care, medical malpractice due to an untimely delivery, or medical negligence from inappropriate use of equipment during delivery.
Medical negligence, malpractice and doctor oversight are common causes of birth injuries in Georgia. It is the duty of the healthcare professionals who provide prenatal care to properly screen and diagnose any medical condition so that injury can be prevented, if possible. Failure to diagnose a debilitating medical condition during pregnancy constitutes malpractice and the attending doctor, and/or the hospital he or she works for, could be held liable. A doctor who is too forceful with equipment during delivery or fails to perform an emergency procedure on time during the delivery may also be held liable.Read more…
Overloaded Trucks Jeopardize Safety of Georgians
Georgia large truck accidents can be devastating, but even more so when a truck’s weight exceeds legal limits. Overloaded and overweight tractor trailers are a danger to all other motorists on the road. When a truck is burdened with more weight than it can safely carry, common actions, such as turning, changing lanes, and braking, can be adversely affected. Furthermore, increased weight increases the force of any accident, making an overloaded truck accident especially destructive. Overloading a semi-truck, big rig, tractor-trailer, or 18-wheeler is common practice for trucking companies attempting to make extra profit, though it is both dangerous and illegal.
To prevent overloading, the Federal Highway Administration’s (FHWA) Freight Management and Operations department has established weight limits that apply to all commercial vehicles traveling on the Interstate Highway System. Intrastate trucks may have other weight restrictions as those are determined by the state, though most state trucking regulations coincide with federal ones. The legal weight limit of a commercial truck is 80,000 pounds, with a maximum of 20,000 pounds on a single axle. The distribution of weight, on axles and wheels, is just as important as the total weight of the truck.Read more…
Fundamentals of Georgia Premises Liability
Land and property owners in Georgia have a responsibility to keep their property safe and in good repair for visitors, be it a grocery store, bank, shopping mall, doctor’s office or parking lot. If the property owner does not fulfill this responsibility, visitors, or invitees, may be entering dangerous conditions resulting from faulty construction, poor or improper maintenance, and even negligent security. If the dangerous condition causes injury, the Georgia property owner may be held liable for any losses suffered by the injured victim.
According to Georgia code § 51-3-1, “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” Read more…
Gas Leak Probable Cause of Lake Lanier Home Explosion that Injured 3
A 5,000-square-foot brick house on Blackberry Lane was leveled early this month when a possible gas leak caused a powerful explosion in the early morning of July 1, according to The Atlanta Journal-Constitution. The three seriously injured victims were taken to three different hospitals where they are currently recovering. All are listed in good or stable condition.
According to the Hall County Fire Chief, there were two men and one woman in the house at the time of the explosion. One of the men, the woman’s adult son, was blown out of the house. A neighbor was able to free him from the debris and help him away from the house, but the two others had to be dug out of the house rubble by emergency crews, who arrived within 30 minutes of the 5:30 a.m. blast. The Fire Chief stated that a small gas leak may have been the cause of the explosion. The neighborhood has no natural gas line so the family used a liquid propane tank. According to the Hall County Fire Marshall, every gas line and appliance will be examined to determine the source of the gas leak.Read more…
Importance of Truck Driver Hours of Service Regulations
Long-haul large truck drivers transport various types of cargo over thousands of miles and are expected to do so in a timely manner. Unfortunately, many delivery schedules are unrealistic and tractor trailer drivers try to stay on schedule by driving without the required rest or sleep. Commercial truck drivers may operate this way to reach their destination on schedule, but, driving while fatigued will only increase the possibility that neither driver nor cargo will ever reach the destination.
Sleepiness and fatigue while driving increases the risk of a large truck crash in Georgia, which endangers the lives of every other motorist on the road. Fatigue can cause decreased alertness and poor mental and physical performance which may result in slower reaction times, poorly navigating turns, difficulty staying in one lane, over-steering, and under-steering.Read more…
GHSA Summer Safety Tips for Parents with Teen Drivers
Summertime brings many more teen drivers on Georgia roads, and with more teen drivers comes a higher risk of traffic accidents. According to the Governors Highway Safety Association (GHSA), the deadliest time of year for teen drivers ages 15 to 20-years-old is the period between Memorial Day and Labor Day. The GHSA encourages parents to take charge in keeping their teen drivers safe this summer and have provided some useful tips to promote teen driving safety:
- Remind your teen of the importance of properly fastening their seat belt. According to statistics, teenagers are the least likely to wear their seat belt, even though doing so has been proven effective in preventing car crash fatalities in Georgia.
- Even if your teen knows the law, make sure they understand that they should never drink and drive, or get into a vehicle with someone who has been drinking.Read more…
CPSC Holds Annual Fireworks Safety Press Conference in Preparation for 4th of July
As the much anticipated 4th of July weekend of family barbecues, parties and fireworks approaches, the U.S. Consumer Product Safety Commission (CPSC) reminds everyone of the potential dangers fireworks pose and encourages celebrating safely with some important fireworks safety tips.
According to the CPSC 2010 Fireworks Annual Report, approximately 8,600 fireworks-related injuries were treated in hospital emergency departments last year. Approximately 6,300 of those were treated between June 18 and July 18, 2010. More than half of these injuries were burns, though others included eye lacerations, foreign bodies in the eyes, and eye contusions. An estimated 40 percent of all fireworks-related injuries involved children 14 years old and younger. There were also three reported fireworks fatalities as well, which were caused by unsafe detonation, illegal home-made fireworks, and mischievous Roman candle use.Read more…
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