If you are in an Atlanta car accident, keep the following tips in mind:
]]> Focus on safety: Move your car out of the roadway and on to the shoulder. Then, check to see if anyone is injured. If so, call 911 right away and follow their instructions.Call the police: If the accident results in injuries or serious property damage, or if you suspect the other driver may be under the influence, call the police. When they arrive at the scene, ask for an accident report. This can be valuable information later on.
Exchange information: Regardless of whether you call the police or not, you need to exchange information with the other driver. In addition to insurance information, you should get the other driver's full name, telephone number, address, driver's license number and license plate number. Also get the names and contact info of any witnesses that were present.
Take pictures: Take pictures of all of the damage to each vehicle involved. Make sure to include shots that capture the vehicles' license plates. Also take pictures of the scene of the accident, and include any stop signs or traffic signals that may be relevant. It's fine to use a cellphone if you don't have a camera handy. If your phone doesn't have a camera, you might want to purchase a disposable camera to keep in your glove box.
Go to the doctor: If you are injured, even if you don't think it's serious, you should go to the doctor and get checked out. Often, car accident injuries get worse in the days after the crash. If you hit your head during the accident, or if you are nauseous, bleeding or in severe pain, you should go to the emergency room right away.
Make an insurance claim: Call your insurance company as soon as possible after an accident to make a claim. It's important that you are honest about what happened - any false information can be a serious problem later on.
Call a lawyer: If you have been injured or just want to learn more about your rights, call a Georgia personal injury attorney. Most will evaluate your case for free. Never accept an injury settlement from an insurance company without talking to a lawyer first.
Source: FindLaw, "After a Car Accident: First Steps."
]]>Researchers haven't given up hope of finding an effective treatment for traumatic brain injury. Just last month, doctors at San Antonio Military Medical Center started a program in which they will provide the hormone progesterone to patients with moderate to severe brain injuries.
Previous studies have focused on the effects of various drugs, to no avail. The use of hormones is a new direction for brain injury research.
]]> Traumatic brain injury causes a slight decrease in the flow of blood to a part of the brain called the cerebrum, which can lead to brain damage. The aim of the treatment is to avoid this reduction of blood to the cerebrum.Progesterone, commonly known as a female reproductive hormone, works the same way in both men's and women's brains. It is known to reduce swelling and inflammation and cut the risk of cell death. Previous studies in lab animals have produced some promising results, although this does not guarantee successful outcomes in humans.
At first, the progesterone treatment will be given to about two brain injury patients per month. The hormone needs to be administered within four hours of the injury in order to be effective.
Possible side effects of the treatment include elevated liver enzymes and blood clots. It also has a potential to cause an adverse reaction in patients with egg allergies.
Hopefully, progesterone treatment will present new options for victims of traumatic brain injury.
Source: My San Antonio, "Study to Examine Hormone's Effect on Brain Injuries," Don Finley, April 30, 2012.
]]>The fatal car accident occurred at the intersection of Ga. 365 and Howard Road. The driver of a Toyota Corolla was crossing over the highway on Howard Road when she struck a Kia Sorrento, causing it to spin and roll. The Sorrento's passenger died in the accident, and its driver was listed in critical condition. The driver of the Corolla was reportedly not injured.
]]> Hall County officials say that infrastructure improvements could help prevent accidents like this from happening in the future.The main danger comes from a high number of unsignaled intersections, which lead to significant risk of crossover-type accidents. Drivers must cross both directional traffic flows without the benefit of a signal controlling cross traffic.
During periods of high traffic, local police will park cruisers at dangerous intersections and turn on the vehicles' lights in an attempt to get drivers to pay attention. This increased patrol presence can also lead drivers to slow down.
Hopefully, GDOT will take steps soon to control this dangerous stretch of road.
Source: Gainesville Times, "Hall Commissioners Seek 'Immediate Action' on Ga. 365," Aaron Hale, April 26, 2011.
]]>Earlier this week, a Duluth man was killed and another woman was seriously injured when their pontoon was struck by a ski boat.
According to the Department of Natural Resources, the fatal accident occurred on the evening of April 22 on Lake Lanier near Habersham Marina. The two victims were sitting on the front of their pontoon boat when it was hit by a ski boat travelling at a high rate of speed.
]]> Initially, the occupants of the speed boat were unaware that they had hit another vessel. They were thrown overboard after the collision and swam to shore with only minor injuries. All they knew was that their boat had struck an "unknown object."After the accident was reported, authorities began searching for the second vessel. The woman was found aboard the damaged pontoon; the man was found dead in the water.
Law enforcement is still investigating the accident. It is unclear at this point whether alcohol or drugs were involved.
Boating Safety Tips
Unsafe boating can lead to a number of fatal or catastrophic injuries, including drowning, brain injury and mutilation from boat propellers. If you're planning to operate a boat this summer, keep the following safety tips in mind:
By following these tips, you can help ensure a safe boating season for all Georgians.
Source: AccessNorthGa.com, "Investigation Continues Into Fatal Boating Accident," April 23, 2012.
]]>Outdoor play is great for kids, but it does come with some risks. Chief among them is the risk of concussion or traumatic brain injury if children strike their heads on a hard surface during an accident.
Parents should make sure children understand the importance of wearing helmets while doing things such as biking, skateboarding, skating, riding a scooter or any other activity where they could fall and hit their heads.
]]> Head injuries in children are much more common than some might think. Children's Healthcare of Atlanta reports that they treat approximately 1,000 cases of pediatric concussion each year.In the worst cases, traumatic brain injuries can cause life-long disability and even death.
Brain Injury Warning Signs
While the symptoms of a concussion will certainly vary in each individual child, common symptoms include: inability to concentrate, memory loss, loss of consciousness, behavioral changes, changes in appetite and trouble sleeping. Children may also seem irritable or confused, complain of a headache and have dark circles around their eyes. Other more severe symptoms include vomiting, prolonged headache and drainage of clear fluid from the ears or nose.
Children who have suffered a prior concussion or who have ADHD are at a greater risk of injury than others. If children show any symptoms of a concussion, even if they are minor, it's imperative to remove them from any activities and consult a doctor right away.
Children may not want to wear helmets because they don't "look cool" or because they see other kids who do not wear them. However, talking with your kids and making sure they understand the possible harm not wearing a helmet can cause could save your children from experiencing brain injury in the future.
Source: Appen Newspapers, "Doctor: Head Injuries Can Be Fatal," Aldo Nahed, March 19, 2012.
]]>After two high-profile Atlanta car accidents involving police officers, the Georgia State Patrol is taking a second look at its training protocols for emergency driving.
]]> The first accident occurred in 2006. A state trooper was driving 34 mph over the speed limit in an attempt to provide backup to another officer. Instead, he slammed into another car, killing its driver. In March, a Gwinnett County jury awarded the victim's family $2 million in wrongful death damages.The second accident occurred this past New Year's Eve, when a state trooper ran a red light in downtown Atlanta, causing a crash that killed a woman. The trooper, who had been blamed in four prior crashes, was fired and is now facing possible criminal charges.
In the wake of these fatal accidents, the Georgia State Patrol is requiring every trooper to complete a four-hour training on how to exercise due care when on duty. It also plans to purchase a new training simulator that replicates road conditions officers might encounter when responding to emergency calls.
Police Must Exercise Due Care
Georgia law gives police officers broad discretion when responding to emergency calls. They don't have to follow normal traffic laws, and can speed, run red lights and even weave through traffic if the situation warrants it.
This doesn't mean that officers can't be held responsible if they cause an accident. To the contrary, every law enforcement officer is required to exercise "due care" for the safety of others on the road. In most cases, this means activating lights and sirens, slowing down at intersections and watching for other vehicles.
If officers don't exercise due care, the government agency that employs them may be on the hook for damages for personal injury or wrongful death.
Source: Atlanta Journal-Constitution, "High-Speed Police Crashes' Heavy Toll," Andria Simmons, April 8, 2012.
]]>The Federal Motor Carrier Safety Administration recently conducted a study on speed limiters' effectiveness, which revealed that the devices have a significant impact on reducing truck accident rates.
]]> The study analyzed speed-limiter relevant crashes from 20 truck fleets throughout the United States. It found that trucks with speed limiters had a crash rate that was 50 percent lower than trucks with no hard-wired restriction on top speed.Limiters May Become Mandatory
The American Trucking Associations, the Truckload Carriers Association and safety advocacy groups have long been calling on the FMCSA to make speed limiters mandatory in commercial trucks. Now, it looks like the agency may be headed in that direction.
The National Highway Transportation Safety Administration says it will initiate a rulemaking process on the issue later this year. The NHTSA's proposed rule would require speed limiters to be used on all heavy trucks.
Most new trucks already have the devices installed, although many operators choose not to activate them. The FMCSA estimates that between 60 to 80 percent of American fleets currently use speed limiters.
The ATA has long encouraged its members to use speed limiters by pointing to the dual benefits of lower accident rates and increased fuel efficiency.
Hopefully, if passed, the new rule will help make our country's highways safer for everybody.
Source: The Trucker, "Speed Limiter Report: Trucks With Devices Had 50% Lower 'Speed-Limiter Relevant' Crash Rate," March 27, 2012.
]]>On the day of the accident, the children were riding with their grandmother in a Honda Civic. The grandmother had initially stopped at a stop sign on Gordon Road at the intersection with Georgia 54. When she pulled out on to the highway, the Civic was t-boned by a pickup truck proceeding southbound on the highway.
The force of the collision was enough to send the Civic flying through the air. It landed well off the side of the road. Thankfully, the vehicle's side airbags deployed.
]]> Injuries Could Have Been WorseAll three children and their grandmother suffered personal injury in the crash.
The oldest child, age 11, was able to free himself from the wreckage. He was taken to the hospital by ambulance but discharged that same day.
The other children suffered more serious injuries. A two-year-old child was injured enough that he needed to stay in the hospital for a few days. The remaining child, a 7-year-old, and her grandmother had to be freed from the wreckage with the Jaws of Life. The 7-year-old suffered a broken leg and a skull fracture. The grandmother broke her hip, pelvis and collarbone. She is still hospitalized.
The children's parents say they are thankful that the children are alive and that they appear to be on the track to recovery.
Much of the relatively good outcome can be attributed to the fact that proper safety devices were being used. Had the car not had airbags, or had the children not been wearing their seatbelts, the accident would likely have been much worse.
Source: The Newman Times-Herald, "Miracles: Stewart Children Recovering Following Serious Accident," John A. Winters, March 28, 2012.
]]>Earlier this month, a 30-year-old Hiram man was killed in a crash at the intersection of Hurt Road and Old Tennessee Road in Marietta. The fatal accident apparently occurred after the man lost control of his motorcycle while attempting to navigate a curve. He then crossed the center line and struck an SUV.
Police say that excessive speed was a major factor in the crash.
]]> The motorcycle rider was in critical condition following the accident and was transported to WellStar Kennestone Hospital, where he later died.The driver of the SUV was not harmed. However, his passenger suffered non-life-threatening personal injury in the accident and had to be taken to WellStar Cobb Hospital.
No Charges Filed, But Lawsuit Possible
The Cobb County Police Department is investigating the cause and aftermath of the Marietta car accident. At this point, they do not expect that charges will be filed.
However, the fact that charges are not filed does not mean that the accident victims will be unable to seek justice. Although criminal charges may provide helpful evidence in a civil lawsuit, they are by no means required.
Civil lawsuits are based on the law of negligence. Instead of asking whether the defendant committed a crime, they ask whether the defendant hurt another person because of his failure to exercise reasonable care.
In this case, the passenger will likely be able to bring a lawsuit to recover for her injuries. Depending on the outcome of the police investigation, the motorcycle driver's family may also have a cause of action. Generally, accident victims cannot recover if they were primarily at-fault for causing the accident.
Source: Dallas-Hiram Patch, "Hiram Driver Involved in Fatal Crash," Jon Gargis, March 13, 2012.
]]>Last week, a Clermont man was killed on the highway after he rear-ended a semi truck that was attempting to make a left turn onto Ramsey Road. The truck driver survived, but suffered significant personal injury and was transported to the hospital.
]]> Over the last few years, the stretch of highway where the accident occurred has a gained a reputation as being one of the most dangerous in the region.The dangerous stretch begins about two miles after Interstate 985 ends. The speed limit is 65 mph, and the highway is crossed by several side roads that lead to businesses, industrial parks and residential areas. Very few of these side roads are controlled by stop lights.
According to the Hall County Sherriff's Office, speed is a factor in many of the car accidents along this stretch of road. A significant number also involve drivers who are either attempting to make a left turn onto one of the side roads or are attempting to use a side road to cross over the highway.
A spokesman for the Hall County Sherriff's Office told the Gainesville Times that this particular stretch of Highway 365 "is known for a higher number of serious crashes including fatalities." As such, the office has stepped up its enforcement efforts in the area.
This local attention has not translated into statewide action, though. The Georgia Department of Transportation has not flagged the highway as a particularly dangerous area. As such, it has no plans to make major safety improvements any time soon.
Source: Gainesville Times, "Ga. 365 Wreck Brings Safety Concerns to Forefront," Aaron Hale, March 11, 2012.
]]>The parents of a deceased special-needs child recently sued the Fulton County School District, alleging that the child's special education teachers inflicted severe abuse that resulted in catastrophic injuries, and ultimately caused the child to die. The parents say the abuse was inflicted with such malice as to warrant an award of punitive damages.
]]> Punitive damages are not intended to compensate plaintiffs for the financial or emotional injuries they have suffered. Instead, they are intended to punish wrongdoers and serve as a deterrent toward similar conduct. Georgia law allows punitive damages only in cases where the defendant acted with "willful misconduct, malice, fraud, wantonness, or that entire want of care which would raise the presumption of conscious indifference to consequences."Parents Allege Systematic Abuse, Cover-up
The plaintiff's son suffered from cerebral palsy, muscular dystrophy and other disabilities. He could not walk or talk and required assistance to attend to even his most basic needs.
The boy's parents wanted to give him a chance at a normal life, so they enrolled him in the Fulton County public schools. There, it is alleged that his teachers verbally abused him, placed him in isolation and physically abused and restrained him, even going so far as to restrain the boy in a homemade neck brace.
The parents say they were unaware of the abuse until it was too late. The school district, however, was aware of complaints of intentional harm brought against the boy's teachers and had conducted its own internal investigation, which confirmed the abuse. According to the complaint, the parents were never informed of the investigation or its findings.
Source: Courthouse News Service, "Parents Blame School for Disabled Son's Death," Iulia Filip, March 5, 2012.
]]>The FMCSA's decision was not without controversy. The agency maintains that the Hours of Service rules will improve highway safety and reduce the rate of truck accidents. The trucking industry, however, says the rules will put unnecessary burdens on trucking companies without improving safety.
Now, the American Trucking Association is going to court to ask a judge to review the new Hours of Service regulations.
]]> ATA: "It's Not Broken, So Don't Fix It"The ATA argues that the rules, in essence, provide a purported solution to a problem that doesn't exist. It notes that trucking crashes have dropped significantly over the last eight years. Instead of regulating driver hours, the association would prefer the government spend money on safety initiatives that would have a broader impact on highway safety.
In support of its argument, the ATA noted that the rules do not change the overall number of hours a driver can be on duty or on the road during a given work day. It also says the rules will cause more drivers to be on the road during early-morning rush hours, which may lead to an increased rate of accidents. Currently, many truckers prefer to drive at night, when there is less traffic.
In its defense, the FMCSA says the new rules are based on extensive scientific research. The agency says that the benefits of the change in regulations will outweigh the costs by between $630 million and $470 million.
It remains to be seen whether the court will choose to intervene. If the court does not take action, the new Hours of Service rules will go into effect on July 1, 2013.
Source: The Commercial Appeal, "Trucking Association Goes to Court to Block New Hours of Service Rules," Wayne Risher, Feb. 14, 2012.
]]>Car accidents are the leading cause of death for children between the ages of 3 to 14. A lot of the risk of harm, though, can be cut down if children are properly secured. Recently, the National Highway Transportation Safety Commission revised its child safety seat recommendation and advised that children continue to use booster seats until they weigh 80 pounds. The previous guideline recommended car seats for children up to age 8 or until they were 4 feet 9 inches tall.
]]> NHTSA is also taking steps to evaluate the safety of car seats for older children. The agency is adding a new dummy to its crash test "family" - a 78-pounder designed to simulate a 10 year-old child. Previously, NHTSA used adult dummies, along with figures designed to simulate newborns and 12 month-old, 3 year-old and 6 year-old children.The agency has been working to develop the new dummy for more than 10 years. Manufacturers will have two years to certify car seats and booster seats to meet the new weight requirements.
Car Seat Recommendations
Child safety seats can go a long way toward reducing the risk of personal injury or death in a motor vehicle accident. NHTSA recommends that parents abide by the following guidelines:
Even though kids might object, it is always the best bet to have them ride in a car seat.
Source: Chicago Tribune, "NHTSA Unveils New Test Dummy and Child Seat Guidelines," Jennifer Geiger, Feb. 22, 2012.
]]>The fatal accident occurred on the evening of December 23. According to his plea, the young man lost control of his vehicle, over-corrected and then crossed the center line. He slammed head-on into a vehicle that was carrying the 6 year-old boy, along with both of the boy's parents and his sister.
]]> Although the boy's mother and sister have fully recovered, his father is still unable to walk.The driver will serve his sentence in a "boot camp" type program at a Georgia Probation Detention Center.
Texting While Driving a Major Problem
Authorities suspect the accident may have been caused by texting while driving. Although the driver denied using his cellphone prior to the accident, police believe that he may have lost control of his vehicle because he was sending text messages.
Sadly, texting while driving is a major problem in Georgia. According to a 2008 study, Georgia ranks number three in the nation for drivers who text behind the wheel. In that study, a full 37 percent of drivers admitted to texting while driving.
Most of these respondents were younger drivers. Many are so accustomed to texting, and so new at driving, that they don't realize how dangerous the behavior really is.
The statistics, though, show texting's true danger. Texting while driving creates a crash risk that is 23 times higher than driving without distraction. At highway speeds, sending a text message takes a driver's eyes off the road for a distance equivalent to the length of an entire football field.
Indeed, using a cellphone while driving damages a driver's focus and reaction time as much as having a 0.08 blood alcohol level.
Hopefully, Georgians will begin to realize these dangers and will change their behavior. Only then will the tragic accidents stop.
Source: The Daily Citizen, "Teen Pleads Guilty in Fatal Wreck, Burglary Cases," Mark Millican, Feb. 18, 2012.
]]>Recently, one teen has become forced to live with the catastrophic effects of someone else's negligence. He was paralyzed from the neck down following a Georgia car crash.
]]> The teen, a 17 year-old high school junior from Woodstock, was driving home from visiting relatives in Newnan when he was cut off by a car that pulled out in front of him. The boy swerved to avoid the oncoming vehicle, but ultimately lost control of his car. The vehicle flipped five times before coming to a rest.The teen lost consciousness in the crash. Shortly after he awoke, a bystander responded to the crash and helped prevent the teen from going into shock. Emergency responders arrived soon after and transported the teen by helicopter to Atlanta Medical Center.
Teen's Recovery is Uncertain
At the hospital, the he received some grim news - he had suffered catastrophic injuries. His next was broken and he was completely paralyzed from the neck down.
The accident occurred about one month ago. The teen has regained some sensation throughout his body, and can use one finger on his left hand. Intensive physical therapy has helped him regain some strength in his arms and shoulders.
Still, it is unclear what the future portends. It is too early to tell exactly how much the teen's spinal court will heal. It is likely, though, that he will live with a significant impairment for the rest of his life.
He must suffer all of this because another driver made the choice to cut him off.
Source: Cherokee Tribune, "Future Uncertain for Car Accident Victim," Megan Thornton, Feb. 1, 2012.
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