Georgia Personal Injury Blog
Safety Tips for Georgia Pedestrians and Drivers
More and more people are using active means of transportation, such as walking and bicycling, to go to work, visit friends, or go to the grocery store. Walking and bicycling are very good forms of exercise and help promote a healthy lifestyle, but they can also be dangerous. Crossing the street is often a necessity when walking to a destination and is also when most Georgia pedestrian accidents occur.
According to the Georgia Governor’s Office of Highway Safety (GOHS), there were 2,371 pedestrian accidents in 2008. These included a total of 1,881 Georgia pedestrian injuries and 140 fatalities. In 2009, the number of pedestrian fatalities increased to 150. To help prevent an increase in pedestrian injury and fatality numbers in coming years, Georgia pedestrians and motorists should consistently follow the below safety guidelines:Read more…
When Can I File a Medical Malpractice Claim in Georgia?
Before knowing when to file a medical malpractice claim in Georgia, it is important to know if you are entitled to do so. Georgia code (O.C.G.A. § 9-9-60) defines a “medical malpractice claim” as any claim for damages resulting from the injury to or death of any person caused by:
- Health, dental, medical, or surgical service, diagnosis, treatment, prescription; or care by a lawfully authorized physician or other health care provider, or one acting under the supervision of a lawfully authorized physician or other health care provider, or
- Care or service by any public or private hospital, clinic, hospital authority, clinic, facility, or institution, or its employee, acting within the scope of his employment.Read more…
Johns Creek Roundabout Planned to Relieve Traffic Congestion
The city of Johns Creek and the Georgia Department of Transportation (GDOT) have planned construction of a modern roundabout at the intersection of Bell Road and Boles Road to begin in spring 2013. According to the Johns Creek Patch, traffic congestion has worsened in recent years, increasing motorist frustration over long wait times as well as increasing Georgia traffic accidents. An informational meeting about the project was met with support from many of its attendees.
The roundabout will be the first for the city but not for Georgia. GDOT has been encouraging the implementation of roundabouts in appropriate intersections as they have been shown to relieve congestion, improve safety, increase traffic capacity, decrease auto accidents, and improve aesthetics.Read more…
Common Causes of Georgia Large Truck Accidents: Negligent Truck Maintenance and Faulty Manufacturing
Our previous post concerned large truck accidents caused by Georgia truck driver negligence; here, we will continue our topic of common Georgia large truck crash causes with: 1) Negligent Truck Maintenance; and 2) Faulty Manufacturing or Design.
Large trucks, especially long-haul trucks, can travel over 3,000 miles weekly. This can cause severe wear and tear on a commercial truck’s system and its parts. Brake failure, tire blowouts, and engine over-heating could potentially cause a severe Georgia large truck injury accident, which is why regular inspections and maintenance are necessary and required. If a trucking company or driver fails to perform timely inspections, maintenance, and repairs, the company and possibly the driver, can be held responsible in the event of an accident. Negligent truck maintenance potentially places hazardous vehicles on the road.Read more…
Common Causes of Georgia Large Truck Accidents: Truck Driver Negligence
Large trucks, whether described as a semi-trailer truck, transfer truck, 18-wheeler, or big rig, are very intimidating when travelling along Georgia roads and highways due to their immense size and heft. Also as a result of these reasons, there is an increased risk of serious injury or death in the event of a Georgia large truck accident. This is the first of a 2-part blog series concerning the common causes of large truck crashes: 1) Driver Negligence; 2) Negligent Maintenance or Repair; and 3) Faulty Manufacturing or Design.
A trucker may cause a large truck crash as a result of fatigue and/or inattention, lack of experience or training, or distracted, or otherwise negligent, driving. Truck operators must follow strict federal regulations concerning the number of hours they drive. The life and schedule of a Georgia truck driver can be very demanding, and oftentimes truckers feel pressured to deliver ahead of schedule or even to deliver on schedule. This may cause a driver to tire by working more hours than is legally permitted per day or using illegal or over-the-counter drugs. An exhausted truck driver has much slower reaction times and may even fall asleep at the wheel. If a truck driver does not follow federally mandated work hour limits and causes an accident as a result of their fatigue, they, and possibly their employer, can be held liable for the losses of injured victims.Read more…
Proposed Stricter Laws for Cell Phone Use while Driving in Georgia
Currently, Georgia law bans all cell phone use while driving, including texting, for school bus drivers and teenagers that are less than 18 years of age. Drivers that are over 18 are banned from texting while driving, but are not banned from using a handheld cell phone or other device to talk while driving. The increase in Georgia traffic accident injuries and fatalities involving distracted driving has prompted the proposal of new legislation.
If the proposed legislation becomes Georgia law, all handheld cell phones will be banned, allowing only hands-free use of cell phones for motorists 18 years or older. School bus drivers and teenagers, or novice drivers, less than 18 years old will still abide by the all cell phone use ban initiated in 2010.Read more…
Georgia Supreme Court Declares Medical Malpractice Caps Unconstitutional
The last several years have seen many debates concerning medical malpractice caps for damages awarded to victims in malpractice lawsuits. Various states are currently debating the issue in their courts, but not Georgia. According to InsuranceJournal.com, the Georgia Supreme court recently determined that medical malpractice caps are unconstitutional, repealing the cap instated in 2005.
The original purpose of medical malpractice caps was to limit the ability of victims of medical malpractice to recover full compensation for their injuries. The cap was intended to deter legitimate claims from being brought and to increase the profitability of medical malpractice insurers. Such a cap was in effect in Georgia medical malpractice lawsuits since 2005. However, the Georgia Supreme Court determined the cap, which limited noneconomic damages in medical malpractice cases, was a violation of the constitutional right to trial by jury; and so the cap was lifted retroactively.Read more…
Georgia State Patrol Affirms that Sobriety Checkpoints Work
In the aftermath of the U.S. Senate prohibition on cell phone applications that alert drivers of sobriety checkpoints, many state agencies are reflecting on the effectiveness of said checkpoints, according to Times-Georgian.com. Georgia law enforcement officers in Carroll County maintain that the checkpoints do work despite concerns of cost-effectiveness and cell phone app deterrents.
Georgia State Patrol officials say that the main goal of establishing a sobriety checkpoint is to catch people violating the DUI and open container laws, but also to send a message to other people who may drink and drive. Regardless of the number of drunk drivers caught at a checkpoint, even if is only two, dangerous drivers are removed from the road, possibly saving lives.Read more…
Georgia Work Zone Crashes Have Killed 57 Workers
Georgia is joining the nation this week in focusing on Work Zone Safety, according to a news article in MySouthwestGA.com. Georgia Department of Transportation (GDOT) officials say that approximately 700 people died in U.S. construction work zone car accidents in 2009. GDOT wants to raise public awareness of and emphasize what drivers need to do to keep themselves and everyone safe in highway construction and other work zone areas.
According to the National Highway Traffic Safety Administration (NHSTA), there were 32 deaths in 2009 caused by work zone traffic accidents in Georgia. Speeding and distracted driving, especially related to cell phone use, are very common in Georgia work zones and increase the risk of a pedestrian injury accident. Some drivers speed through work zones without reducing their speed to the posted limit, or slowing down at all, and others are talking on their cell phones or texting, not aware of the potential hazards around them.Read more…
Truck Law… Did you know?
Wayne Grant – GA Personal Injury and Board Certified Medical Malpractice Attorney
Truck accidents: Did you know that federal regulations govern carrier’s responsibilities in hiring truck drivers? A trucking company that hires a driver that they should have recognized as incompetent at the time of application for employment can be held liable on a theory of ’negligent hiring’. Whether or not a trucking company was negligent in hiring or retaining a careless driver should be investigated in any serious case.
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