Georgia Injury Lawyer Blog

The United States Department of Transportation has reported that 5,300 people died in crashes involving large commercial trucks in 2006. 126,000 more were injured. A leading cause of these crashes were situations where the drivers involved fell asleep, suffered heart attacks or seizures or otherwise were so physically impaired as be unable to safely operate their trucks. Indeed, according to an Article recently issued by the Associated Press, hundreds of thousands of tractor-trailers and bus drivers in the United States are unfit and unqualified to have commercial driver’s licenses. As an example of this problem, in a 30-page study issued by the General Accounting Office, over 1,000 drivers with vision, hearing or seizure disorders had applied for disability benefits with the Veterans Affair Department. And yet, these same drivers were operating commercial tractor-trailers and buses on our highways with medical certificates certifying they were fit to drive. Once again, a lack of regulatory oversight is largely responsible for the problems caused by these unsafe drivers.

In our wrongful death practice, it is not unusual for us to see horrific collisions involving unfit and unsafe drivers. We have had many cases where drivers have been under the influence of stimulants because of fatigue, where other drivers could not pass a fitness test and were driving with licenses without proper medical certifications, and other cases involving drivers with seizure disorders, neuropathy to their legs and feet and other similar health problems that prevented them from safely operating commercial vehicles. In short, our practice experience mirrors the nationwide experience. We believe the drivers involved in our firm’s cases were able to drive and inflict harm on innocent members of the motoring public because of a lack of regulatory oversight.

The United States agency responsible for regulating this area, the Federal Motor Carrier Safety Administration, has acknowledged that it has not completed any of the 8 recommendations that U.S. Safety Regulators purposed in 2001. One such regulation would set minimum standards for officials who determine whether truck drivers are medically safe to operate commercial vehicles. Another would prevent truck drivers from “doctor shopping” to find doctors who might overlook a risky health situation and nonetheless certify a driver as medically able to operate a commercial vehicle. Most observers do not believe that any of the 8 recommendations will be implemented before President Bush leaves office. This is hardly surprising because his Administration has emphasized deregulation of the trucking industry.

Just as we have seen in the mortgage crisis, if there is lack of federal regulatory oversight, the marketplace alone cannot regulate effectively abuses that will undoubtably arise when there are no regulations. The trucking industry is in serious need of additional regulations from a safety standpoint. We can only hope that future administrations will address the many safety issues involved. Until such time as there is greater regulation, regrettably, we have no doubt but that we will continue to see more and more serious injury claims and wrongful death cases arising from unfit and unsafe truck drivers.

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Posted In: Truck and Tractor Trailer Accidents , Wrongful Death

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Many doctors and dentists are marketing medical credit cards to their patients. Doctors like the cards because they get paid immediately from the credit card companies rather than spending time collecting medical bills. Doctors and other health care providers are pushing the cards even in cases where the patient needs emergency care and may not be in a position to refuse the card or to intelligently make a proper financial decision.

Consumer lawyers report they are seeing a growing number of cases where patients say they did not realize they had signed up for a credit card, nor did they understand its terms and conditions. Some of these cards carry interest rates of up to 27 percent. Like other credit cards, medical credit cards often have low or zero interest for an introductory period.

In most cases, consumer protection laws like the Truth in Lending Act would only apply to the credit card companies. However, these cards could lead to claims against the doctors under some state laws.

The issue of has become enough of a problem that in California a bill has been introduced to prohibit dentists from offering financing to patients while under anesthesia.

Credit card companies marketing these cards include Citi Health Card, GE CareCredit and Chase Health Advance. Even some hospitals, physician and dental practices have begun issuing their own branded credit cards.

In many cases, patients think they are being offered a payment plan by the medical provider, not a credit card by a commercial bank

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Posted In: Consumer Protection

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In May of 2007, Advanced Medical Optics, Inc. recalled one of its contact lens cleaning solutions, known as AMO Complete Moisture Plus. Our firm is currently representing 2 individuals injured by this product. According to the Centers for Disease Control, contact lens wearers were seventeen (17) times more likely to contract a serious eye infection known as acanthamoeba keratitis if they used this product as opposed to other Multi Purpose Cleansing solutions. Even though the product was recalled from the market in May of 2007, cases continue to come in involving this product. One of the reasons for this is because the company that recalled the product did a very poor job in doing so.

Even though the product was initially recalled in May of 2007, by August of 2007, the CDC noticed that cases were continuing to come in to them through eye centers throughout the Country. This, of course, indicated that the recall was being haphazardly handled by the Company. Indeed, the CDC conducted a survey which indicated that many members of the public did not know that the solution had been recalled nor did many members of the medical and ophthalmology community in general. Thus, the CDC mandated stricter compliance with recall regulations by Advanced Medical Optics, Inc.

Acanthamoeba keratitis is a very serious eye infection. It is believed that the acanthamoeba attached to contact lens and penetrated into the epithelium of the cornea because of the ingredient formulas distinct for this particular eye cleansing solution. Regrettably, the manufacturer did not advise the public at the time this product was marketed that the Multi Purpose Solution was ineffective at killing acanthamoeba, a known risk for contact lens wearers. The product was marketed on the basis of eye comfort verses efficacy. Regrettably, even though hydrogen peroxide cleaning solutions are much more effective at killing acanthamoeba than are Multi Purpose Solutions, the lay public does not appreciate this distinction and therefore has been using disinfecting solutions like AMO Complete Moisture Plus without a full appreciation of the danger in doing so.

It is likely that cases of acanthamoeba keratitis will continue to occur as long as the public remains unaware of the danger of these Multi Purpose Solutions when it comes to disinfecting against acanthamoeba. Consumers should follow the motto “Buyer Beware” when purchasing so-called disinfecting solutions such as Multi Purpose “disinfecting” Solutions because in reality such solutions do not effectively kill acanthamoeba and, in the case of AMO Complete Moisture Plus, the solutions actually served as a sort of Petree dish for further growth and enhanced ability of the acanthamoeba to penetrate the corneal epithelium, using the contact lens surface as a vector to do so.

Since hydrogen peroxide solutions are superior in their disinfectant capabilities, we continue to hope that the public’s awareness and education of this will increase and that there will be a renewed emphasis on disinfecting efficacy verses “comfort to the eye marketing" when it comes to the sale of Multi Purpose Solutions.

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Posted In: Products Liability

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Our Atlanta bicycle accident attorneys review many bike injury cases in which it is alleged by the at fault motorist that the bike rider was riding in an unlawful manner. Continuing with our explanation of Georgia bicycle laws, Section 40-6-294 of the Official Code of Georgia controls the use of roadways and bike paths by bicyclists. It provides that every person operating a bike shall ride as close to right side road as practicable with the following exceptions:

1. except turning left or avoiding hazards to safe cycling;

2. When traveling the same speed as motor vehicles;

3. when the road is too narrow to share safely with motor vehicles; and,

4. while exercising due care when passing a standing vehicle or one traveling in the same direction

The statute gives examples of “hazards to safe cycling:” They include, but ar not limited to the following:

1. debris in the roadway;

2. rough pavement;

3. drain grates parallel to the side of the roadway;

4. parked or stopped vehicles;

5. potentially opening car doors; and,

6. other objects that threaten the safety of the bike rider.

The law requires that persons riding a bike upon a roadway may not ride more than 2 abreast except on designated bike paths. Additionally, whenever a bike path is adjacent to a roadway, and designated for exclusive bike use, the governmental authority controlling the roadway may require riders to use only the path and not the roadway.

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Posted In: Torts

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In our wrongful death practice, obviously, our attorneys have seen many tragedies, sometimes with devastating consequences for our clients and their families. This past week was no different as we were retained to represent the family of a young man who died while attempting to save the life of another. This young man gave his life and service to another, one of the highest and noblest acts of self-sacrifice possible. And yet, the matter has gone largely unnoticed by the metropolitan Atlanta community simply because of the tremendous amount of information with which we are all bombarded every single day living in such a large metropolitan area.

On July 6, 2008, Derwin Wayne Roy, Jr. came upon an accident on Interstate Highway I-75 South at 3:40 a.m. Two cars had been involved in a serious collision and the occupants of same were in need of assistance. Mr. Roy pulled his truck over to the side of the road, exited his vehicle and tried to help extricate one of the seriously injured individuals involved in the accident that he just happened upon. As he was escorting one of the injured occupants towards the shoulder of the road, unfortunately for Mr. Roy and this occupant, another vehicle traveling at a high rate of speed ran over both pedestrians on the highway killing them both.

After this tragic accident, the police found the cell phone of Mr. Roy. The last telephone call he made was to 911. He had called in the accident to the police and while awaiting for their arrival was attempting to render aid to those who had been injured. He lost his life while trying to get one of the vehicle’s occupants to safety off of the shoulder of the road. This truly was a hero’s death and should be recognized by our community as such.

As we stated at the beginning of this entry into our blog, all wrongful deaths are tragic for the families involved but in this particular case, the tragedy is especially poignant because a very nice young man lost his life at an early age (age 22) while doing what we all hope that we might be able to do if ever confronted with similar circumstances. We hereby offer our praise to this young man for the noble sacrifice that he made on the date of his death. Derwin Wayne Roy, Jr.: An American Hero.

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Posted In: Automobile Accidents , Wrongful Death

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At a recent Senate hearing , several lawmakers blasted the U.S. Supreme Court over a series of opinions they say protect businesses at the expense of ordinary Americans. Committee Chairman Sen. Patrick Leahy, said the Court's recent opinions on employment discrimination, federal preemption and mandatory arbitration have empowered and protected corporations while making it harder for workers and consumers to get redress.

Leahy pointed to Ledbetter v. Goodyear Tire & Rubber Co., 127 S.Ct. 2162, handed down just over a year ago. In that case, the Court ruled against a disparate pay plaintiff who said she was unaware of her employer's discriminatory practices and contended the statute of limitations should be restarted with the issuance of each unequal paycheck.

The Court disagreed, ruling in favor of the employer. This prompted a bid by Congress to overturn the decision with legislation. The bill died earlier this term.

He also blasted two other recent decisions: Investment Partners v. Scientific-Atlanta Inc., No. 06-43, and Exxon Shipping Co. v. Baker, No. 07-219.

In the Stoneridge case, the Court held that defrauded stockholders had not shown the reliance necessary to bring an action against third-party actors under the Securities Exchange Act. In the Exxon decision, the justices cut a punitive damages award to Alaskan fishermen whose businesses had suffered after the 1989 Valdez oil spill from $2.5 billion to $500 million.
In testimony that was emotional at times, Osa M. Schultz, a Cordova, Alaska, resident and plaintiff in the Exxon case, said the Court's decision to impose a 1-to-1 ratio of punitive to compensatory damages fell drastically short of making Alaskan fishermen whole.

Harvard Law School professor Elizabeth Bartholet, a former arbitrator for the National Arbitration Forum, spoke on the issue of mandatory arbitration. She said her experience at arbitration hearings between credit card companies and consumers showed her the deck is stacked against debtors. She asserted she was dismissed as an arbitrator by the NAF after she ruled in favor of a consumer and ordered a credit card company to pay damages.

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Posted In: Torts

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As we previously wrote, there are specific laws regulating bicycles in the state of Georgia. Many of these requirement are unknown to bike riders, and in many instances are used by defendants to attempt to avoid liability for injuring bike riders. Our attorneys have seen one section in particular used many times by defense attorneys in an effort to try to shift blame from an at fault motorist onto the biker. That law, Section 40-6 -294 of the Official Code of Georgia, establishes requirements for lights, equipment and helmets.

It provides that every bicycle when in use at nighttime shall be equipped with a front light which shall emit a white light visible from 300 feet from the front; and, a red rear reflector of a type approved by the Department of Public Safety, visible for 300 feet to the rear when directly in front of a lawful upper beam of headlights on a motor vehicle. A light emitting red light visible from a distance of 300 feet from the rear may be used in addition to the reflector.

The law also requires that every bicycle sold or operated in the state shall have a brake which will enable the operator to make the braked wheel skid on dry level pavement. No bike can have handlebars which require the operator to raise his or her hands above shoulder level in order to grasp the normal steering grip.

Also, no bike can be equipped or modified to cause the pedal in the lower most position to be more than 12 inches above the ground. It is unlawful to operate a bike in such condition.

Better known is the provision which prohibits a person under 16 to operate or ride on bike on any highway, road, bike path, or sidewalk without an approved helmet. Additionally, the helmet must be a “good fit” and fashioned securely to the head.

While one might expect the failure to wear a helmet to be used as a common defense, in our experience, we have seen defense experts try to rely on the pedal height requirement and the lighting requirement in fashioning defenses for at fault motorists. Every bike rider should be aware of these provisions

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Posted In: Torts

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Defective automobile tire valves manufactured in China are the subject of a recall. Some 6 million tire valve stems manufactured by Shanghai Baolong Automotive Corp. of China between July 2006 and November 2006 have been recalled. It is estimated that 36 million of these tire stems were manufactured.

The U.S. distributor of the tire valves, Dill Air Control Products, of Oxford, N.C., notified the National Highway Traffic Safety Administration of potential problems with the tire valve stems after it was named in a lawsuit filed in Florida. The lawsuit contends that a defective tire stem caused a rollover crash.

The Florida suit alleges that the tire valve stem on the rear tire of a 1998 Ford Explorer cracked causing the tire to fail and leading to a rollover. The driver was killed.

Dill International issued a recall for 6 million of the tire stems. In May of this year Dill issued an advisory to dealers indicating a problem with surface cracks on the outside of the valve stem’s rubber near the rim hole.

Dill asked retailers to return all of the unsold valves. However, the problem is that it is almost impossible to trace valves once they have been introduced into the stream of commerce.

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Posted In: Products Liability

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Atlanta bicycle accidents and injuries are increasing at an alarming rate, as we have previously written. Yesterday, the Atlanta Journal Constitution published a story which echoed our information and addressed the growing conflict between bikers and automobile drivers.

Many bike riders, and most motorists, do not realize that under Georgia law and in most other states, a bike is considered a vehicle; and, with some exceptions, is subject to the same laws and rules as a motor vehicle. There are specific laws which relate only to bicycles and we will address some of them here. At a later time we will discuss some of the most pertinent general vehicle laws as they apply to bicycles.

The laws specific to bicycles are found in the Georgia Official Code beginning at section 40-6-290. That section provides that the laws which follow apply to bicycles while on the roadways and on any path set aside for the exclusive use of bicycles. The next section, 40 - 6- 291 makes bicycles subject to the laws applying to other vehicles on the roadways.

The subsequent sections are specific to bikes.

Section 40-6-292 provides, among other things, that no person shall ride on the handlebars of a bike, that a bike shall not carry more persons than it is designed to carry, that children and infants must be transported in approved trailers or slings, and wear helmets.

Section 40-6-293 prohibits a bike rider from clinging to another vehicle, such as a car while on a roadway.

We will address other specific bike laws in the next installment of this blog.

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Posted In: Torts

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Bicycle injuries and fatalities are an increasing problem. The Pedestrian and Bicycle Information Center is a program of The University of North Carolina Highway Safety Research Center in cooperation with the Association of Pedestrian and Bicycle Professionals. It is funded by the U.S. Dept. of Transportation.

Statistics published by the Center reveal patterns of biking fatalities and injuries. Using 1999 data, there were 750 bicycling fatalities and 51,000 bicycling injuries resulting from traffic crashes in the United States. Bicyclist fatalities accounted for 2 percent of all traffic fatalities as well as 2 percent of all traffic injuries. The patterns were as follows:

Motorist turning or merging into the path of a bicyclist (12.1 percent of all crashes). Almost half (48.8 percent) of these crashes involved a motorist making a left turn in front of a bicyclist approaching from the opposite direction.

Motorist overtaking a bicyclist (8.6 percent of all crashes). Of these crashes, 23 percent appeared to involve a motorist who misjudged the space required to safely pass the bicyclist.

Bicyclist turning or merging into the path of a motorist (7.3 percent of all crashes). Within this category, 60 percent involved a bicyclist making a left turn in front of a motorist traveling in the same direction.

When the motorist and bicyclist were on initial crossing paths, the three most frequent categories of crashes were:

Motorist failed to yield right-of-way at a junction (21.7 percent of all crashes). Of these crashes, more than a third (37.3 percent) involved a motorist violating the sign or signal and drove into the crosswalk or intersection and struck the bicyclist.

Bicyclist failed to yield right-of-way at an intersection (16.8 percent of all crashes). Within this category, 38 percent involved a bicyclist who had stopped for a sign or flashing signal and then drove into the intersection and was struck by the motor vehicle.

Bicyclist failed to yield right-of-way at a midblock location (11.7 percent of all crashes). Almost half of these crashes (43.4 percent) involved a bicyclist riding out into the roadway from a residential driveway.

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Posted In: Torts

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In 2006, approximately 5,000 people lost their lives and 80,000 were injured in motorcycle crashes. We have blogged before about the staggering number of statistics when it comes to those killed or injured while riding motorcycles. Obviously, riders must wear protective gear to protect themselves with defensive driving since they have little other protection in the event of a crash. What the statistics show, however, is that motorcycle injuries and fatalities are on the rise. In 1996, 2,161 people were killed in motorcycle crashes. In ten years time this number had more than doubled to 4,810. In 1996, 55,000 people were injured in motorcycle crashes and collisions whereas this number approximated 80,000 in the calendar year 2006.

Statistics are one thing but to suffer a serious injury or death for an individual is quite another. Each individual affected by a serious injury has experienced, by definition, a life altering event. Those who are lucky enough to survive must deal with the medical and vocational issues that follow, whereas their family members must deal with the loss of income and the possible destruction of the family bond caused by stress, economic hardship and medical issues.

Motorcycles are less expensive than automobiles, are more economical to operate and can be a great deal of fun but the statistics reported by the National Highway Traffic Safety Administration of the Department of Transportation clearly indicate that motorcycle usage can be deadly. We have seen many wrongful death cases and serious injury cases arising out of motorcycle crashes. We continue to hope that all of our clients who ride motorcycles will wear their helmets and will drive defensively at all times, particularly in metropolitan areas where traffic is so congested and conditions so dangerous for motorcycle riders.

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Posted In: Motorcycle Accidents

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Bicycle accidents are increasing at an alarming rate as the popularity of road biking has increased over the last few years, and, as more people are turning to bikes as a means of transportation to save fuel. With the increase of bike riders it is only natural to assume that injuries would increase as well.

Our attorneys and staff are reviewing many of these matters. We are seeing the expected increase of injuries from the failure to wear a helmet and from improper positioning of a helmet. But, perhaps more disturbing is the rise of serious injuries and fatalities due to the negligent acts of motorists and others. As bikers and motorists share the road, many times the motorist will either not see the biker or negligently attempt a maneuver, such as passing, which results in serious injury or death to the biker.

Our attorneys recently resolved a tragic case involving the death of a young man after his bike handlebar became entangled in a wire hanging from a light pole. Unfortunately, he was thrown from his bike and struck his head on the concrete sidewalk. Our investigation revealed that this problem is endemic throughout the city of Atlanta. We located hundreds of light poles which had wires which were left dangerously unattached to the poles. There have been other reports of injuries under similar circumstances. Tragically, this promising life was extinguished due to the failure of workers to properly inspect the light pole and correct the problem.

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Posted In: Torts

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The National Highway Traffic Safety Administration (NHTSA) recently issued statistics indicating that in 2006 helmets dramatically saved lives in motorcycle crashes. The NHTSA estimates that had all motorcyclists involved in collisions worn helmets in 2006, 752 more people would have survived their injuries. As it was, in 2006 it is estimated that motorcycle helmets saved 1,658 lives. Over 4,800 motorcycle riders died in 2006.

Obviously, in those states that require helmet use, the number of riders wearing helmets are greatly in excess of those in states where there is no requirement that the rider wear a helmet. According to the NHTSA, only 20 states and the District of Columbia had laws on the books requiring all motorcyclist to wear helmets. In another 27 states, only people between specific ages (usually between 17 to 20 years of age) were required to wear helmets. Three states had no helmet use laws at all.

Given the statistics which indicate that helmets save lives and prevent serious injuries, it is clear that motorcycle riders should wear their helmets at all times. As we have indicated before, our practice mirrors these national statistics. In every serious injury case we have had involving motorcycle riders, we are confronted either with a death claim, an amputation claim or a serious head injury claim. These collisions are always serious for the rider. Thus, the greater protection for the rider the better the likely outcome. The NHTSA statistics bear out the experience of our serious injury and wrongful death attorneys.

The Motorcycle Safety Foundation (MSF) works very closely with state and federal authorities in promoting rider safety. The experience of this Foundation also mirrors that of our practice and the statistics maintained by the NHTSA. Those motorcycle operators that wear protective gear, especially helmets, ride sober and operate their motorcycles within speed limits have less serious injury cases than do other riders. We would encourage all riders to take a look at the website of the MSF (see http://www.msf-usa.org) for further safety tips.

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Posted In: Motorcycle Accidents

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According to the National Highway Traffic Safety Administration (a division of the United States Department of Transportation), in the calendar year 2006, 4,810 people died in motorcycle crashes. This number was up over 5% from those killed in 2005 (4,576). The number of those killed in 2006 were at their highest levels since 1981. Additionally, according to the statistics maintained by the NHTSA, motorcycle fatalities have increased every year for the past consecutive 9 years.

Of course, there are more motorcycle riders on the road now than ever before. With rising costs of gasoline, this is expected to increase. Nonetheless, statistics indicate that motorcycle riders were, at least, 35 times more likely than passenger car occupants to die in a crash in 2006 per vehicle mile traveled and 8 times more likely to be seriously injured. The fatality rate for motorcycle riders in 2006 was 5 ½ times the fatality rate for occupants of passenger cars. In 2006, motorcycle riders accounted for 11% of all traffic fatalities, 13% of all occupant fatalities and 4% of all occupants injured.

Regrettably, of all fatally injured motorcycle riders, 27% had blood alcohol levels of .08% or higher in 2006. Thus, many of the fatalities reported by the NHTSA involved alleged contributory negligence by the motorcycle rider. Nonetheless, in the vast majority of cases, there was no alcohol involved and yet the fatality statistics continued to rise from the previous years. These statistics prove that motorcycle riders must be extremely careful, more so than passenger drivers. In the event of a collision, one driver has protection (airbags, seatbelts, car crashworthiness, etc.), the other has none other than a helmet. Defensive driving and heightened safety consciousness therefore are the best things a rider can do to protect themselves.

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Posted In: Motorcycle Accidents

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According to investigators for the National Transportation Safety Board (NTSB), the March 2, 2007 Blufton University bus crash that killed 5 members of the Ohio Blufton University baseball team and injured 28 others was “an accident that didn’t have to happen.” After a year long investigation, investigators for the NTSB concluded that driver error, confusing highway signage and a lack of passenger safety features in the bus carrying the baseball team were all contributing factors in the collision which also claimed the lives of the bus driver and his wife.

Several of our lawyers driving to work pass the site of this tragic collision every day. The signage that was being used at the time was confusing and according to the NTSB is still inadequate from a safety standpoint even as of today’s date. Numerous recommendations were made by the NTSB to state and federal officials to improve the signage so as to reduce confusion for those using High Occupancy Vehicle (HOV) lanes. NTSB investigators concluded that the bus driver operating the bus in question thought he was getting onto an HOV “thru lane” when he drove onto an elevated exit ramp plowing through a stop sign at highway speed and hurling from the overpass onto the interstate below. Investigators with the NTSB determined that Georgia Department of Transportation officials negligently changed the layout of the signs after having trouble with their mounting. The changes made by the Georgia DOT deviated from federal guidance about placement of certain exit signs to make them more clear. Moreover, there were 9 accidents which occurred at the site between 1997 and 2000 including 3 fatal collisions. The drivers in all of those crashes were from outside the Atlanta area. According to the NTSB, had appropriate investigation been done at the state level by the Georgia DOT regarding these prior fatalities, the tragic accident involving the Blufton University baseball team might never have occurred.

Even though the signage at the exit was confusing at the time, there was signage available to the driver of the bus indicating that he was taking an exit. Also, once he entered the exit ramp, inexplicably, he traveled for 14 seconds at a speed of 65 miles per hour, never once slowing down even though there were warnings and stop signs ahead. There was no evidence of breaking activity until after the driver ran the stop sign crashing over the barrier that lead the bus to crash onto the underpass below. Thus, according to the NTSB, not only did inadequate and confusing signage erected by the Georgia DOT contribute to the collision, so did driver error. Additionally, because the passenger bus did not have occupant restraint systems and neither had lap belts or shoulder harnesses available for occupant usage, there was clearly a lack of protection for those in the bus. Since many of the baseball team members were ejected from the bus and sustained serious injuries, the NTSB noted that had there been occupant safety restraint systems, such ejections may have been avoided.

Regrettably, there are no federal standards requiring that commercial buses have occupant restraint systems for its passengers although there is a strong argument to be made that even despite the absence of such requirements the available technologies and alternative designs available to the manufacturers of buses is sufficient to impose such an industry standard of care particularly since such restraint systems are widely available in European countries.

Continue reading " The Blufton Bus Crash: “An Accident That Did Not Have To Happen”" »

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Posted In: Automobile Accidents , Torts , Wrongful Death

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A baby in a Corpus Christi, Texas, hospital neonatal intensive care unit has died after receiving an overdose of the blood thinner heparin. The baby was one of up to 17 babies in a neonatal intensive care unit receiving overdoses heparin. Heparin is an anticoagulant often used to clean the IVs of patients and prevent blood clots from forming in the lines.

The problem with heparin overdoses of infants in hospitals entered the public arena last year when the twins of actor Dennis Quaid almost died after receiving heparin overdoses at a Los Angeles hospital. Since that time, Quaid has become an outspoken advocate of better controls in hospitals to prevent medication errors.

According to reports, nurses discovered the problem Sunday -- two days after the medication is believed to have been first administered. A preliminary investigation concluded that the error occurred during the mixing process within the hospital pharmacy.

With the large amount of press that has been given to these types of medication errors during the last year, one has to ask why the hospital did not have procedures in place to ensure that the error did not occur, and why it took so long for it to be discovered.

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Posted In: Medical Malpractice

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This past year our firm handled several motorcycle accidents involving wrongful deaths and serious injuries. What we see in these cases is the importance of a motorcycle rider having uninsured motorist coverage to protect their interests. Even where a motorcycle rider is doing everything right, is wearing a helmet and is operating the motorcycle safely, it is not uncommon for us to see wrongful death and serious injury cases in such contexts. For whatever reason, many people pull right out in front motorcycle riders simply because they do not “see” the approaching motorcycle. People are used to perceiving large vehicles moving towards them and when they glance in a particular direction and do not see what they are accustomed to seeing they pull out sometimes with deadly results. In those cases where the rider survives, obviously, it is crucial that there be sufficient liability coverage and/or uninsured motorist coverage available to address their medical needs and long term disabilities if the injuries are serious.

Most motorcycle accidents that we have seen are very serious matters involving either death or long term permanent injuries. There is so little protection for the motorcycle rider that in the event there is a bad collision, the rider, if he or she survives, may lose a limb, sustain head injuries and/or be permanently impaired in some manner. In many such cases, the at fault driver has the minimum limits available under Georgia law, being $25,000.00. Obviously, a $25,000.00 settlement is insufficient to meet the needs of the innocent rider, thus again emphasizing the importance of having uninsured motorist coverage.

In the hypothetical case where the at fault driver fails to yield right-of-way and hits a motorcycle rider, if the at fault driver only has $25,000.00 in coverage, the motorcycle rider can protect himself/herself, in such a situation by having excess uninsured motorist coverage. In Georgia, thanks to a new law, beginning in January of 2009, the amount of such coverage can be stacked on top of the available liability insurance coverage without any offset credit. Between now and then, the only amount of coverage which is available is the difference between the available liability coverage and the amount of uninsured motorist coverage above that amount. Thus, between now and January of next year, in the hypothetical case presented, if the rider had $100,000.00 in uninsured motorist coverage, he/she could collect $25,000.00 from the at fault driver and $75,000.00 from their own policy. Beginning January of next year, the rider can ask for stacking coverage as part of their own insurance policy which will allow the rider to collect $25,000.00 from the at fault driver and the full $100,000.00 under their own policy.

Insurance should be purchased for the catastrophic event, not for the minor event. The coverage that one purchases to protect themselves is uninsured/underinsured motorist coverage. Motorcycle riders who purchase such coverage as part of their own policy do not have to depend on the at fault driver having sufficient liability coverage to protect themselves in the event of a serious collision. We recommend that all motorcycle riders look at their policies and determine just how much uninsured/underinsured motorist coverage they can afford to purchase. We have seen far too many cases where the lack of uninsured/ underinsured motorist coverage rendered to us as attorneys unable to assist our clients simply because they at fault driver had minimum limits and had no personal assets sufficient to satisfy an excess judgment against them.

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Posted In: Automobile Accidents , Insurance Company Abuse , Uninsured Motorist Coverage

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