Marietta Injury Lawyer Blog

Auto Accidents are Inevitable; Which are the Safest Cars?

November 22, 2009 | Benjamin S. Persons, IV

As much time as we spend in our cars in cities like Atlanta, Georgia, auto accidents are going to continue to be an unfortunate fact of life. It comes as no suprise that in every leading consumer survey safety is always among the top concerns with American consumers. As a Georgia Personal Injury and Product Liability Lawyer, I’m always interested in the Insurance Institute for Highway Safety’s annual report.

Now available are the Institute’s Top Safety Picks for 2010. The institute’s findings rate vehicles good, acceptable, marginal, and poor based on performance in high-speed front and side crash tests, a rollover test, plus evaluations of seat/head restraints for protection against neck injuries in rear impacts to determine the vehicles overall crashworthiness. Compared to prior years, far fewer vehicles received safety awards this year. Several manufacturers had cars fail the overall crash test in this year’s review. Of particular concern, many of the vehicles tested rated poor in the roof strength rating.

The roof strength test is a new criteria IIHS is using for 2010. When vehicles built with weak roofs roll over, death and paralyzation are common occurances. Product liability litigation has brought to light the catastrophic injuries and deaths caused by defectively weak roof designs. With experts estimating costs as low as $50-$150 per vehicle to build significantly safer roofs, it is encouraging to see the leading safety studies including roof strength tests in their overall analysis.

Fatal Atlanta Car Crash Caused by Suspected Drunk Driver

November 21, 2009 | Benjamin S. Persons, IV

My heart sank today when I saw the 11alive news report about a young woman killed in an auto accident this morning involving a suspected drunk driver. The 24 year old woman was driving with her boyfriend, her 2 year old son, and 7 month old daughter on I-20 East when they were struck by a vehicle traveling the wrong way on the interstate. Atlanta Police say the wrong-way driver, identified as Robert Ayiteyfio, fled the scene on foot but was later apprehended. He has been charged with vehicular homicide, DUI, and driving the wrong way on the interstate.

As a Georgia Personal Injury Lawyer that regularly represents crime victims and as a father of 2 it was particularly moving to see the deceased woman’s father tearful plea to would be drunk drivers. The father delivered this message today from Grady Hospital, where his 7 month old granddaughter remains in critical condition. “I lost a daughter this morning. For all of you DUI drivers out there, please stop. Please. I’m begging you. Please, this hurts.”

The American Cancer Society Sharply Critical of New Mammogram Standards; “Annual Mammograms From Age 40 on Save Lives”

November 18, 2009 | Benjamin S. Persons, IV

For nearly two decades, the American Cancer Society has been recommending annual mammograms beginning at 40. However, the U.S. Preventive Services Task Force, a government panel of doctors and scientists, recently issued a controversal report that mammograms are not recommended until age 50 and then only every other year. In response to the government report, the Cancer Society’s chief medical officer, Dr. Otis Brawley stated “This is one screening test I recommend unequivocally, and would recommend to any woman 40 and over,”
Dr. Brawley went on to offer this sharp criticism of the report: “The task force advice is based on its conclusion that screening 1,300 women in their 50s to save one life is worth it, but that screening 1,900 women in their 40s to save a life is not, Brawley wrote. That stance “is essentially telling women that mammography at age 40 to 49 saves lives, just not enough of them,” he added.

As a Georgia Injury Lawyer that deals with insurance companies on a daily basis, I’m concerned about the insurance implications this task force report will have on healthcare. Although research shows annual mammograms beginning at age 40 save lives, I fear health insurance companies will use this recent report to justify refusing payment for mammograms before the age of 50 and then only authorize mammograms every other year. Like prexisting conditions and other insurance created concepts, this will give insurance companies additional opportunities to accept premiums without providing appropriate benefits.

Georgia Traffic Deaths and Serious Injuries Anticipated this Thanksgiving

November 15, 2009 | Benjamin S. Persons, IV

The Marietta Injury Lawyers urge everyone to drive the speed limit, use your seatbelt, and watch out for other drivers this Thanksgiving season. The Governor’s Office of Highway Safety reports the sobering statistic that during a 102 hour period last year’s Thanksgiving weekend, 102 people died and 1,457 were injured on Georgia roads.

With serious car collisions likely this year, beginning November 16th through November 29th the GOHS launches its annual Click It or Ticket campaign in conjunction with the Rural Roads seatbelt crackdown. In 2008, 89.6% of motorist wore their seatbelts in Georgia. However, nationwide, over half the traffic crash victims killed in Thanksgiving collisions were not belted. Seatbelts literally save lives and hopefully Georgia’s seatbelt use statistics will be improved for 2009. Please stay safe this Thanksgiving and belt up.

Atlanta is a Dangerous City for Pedestrians

November 13, 2009 | Benjamin S. Persons, IV

The Atlanta metro area, including Sandy Springs and Marietta, was listed in the top 10 most dangerous cities for pedestrians in 2007-2008 by the lobby group Transportation for American. As a Marietta personal injury lawyer that grew up in metro Atlanta, I find it most interesting that of the ten most dangerous cities for walking, nine of them are in the south. The study found the most dangerous metro areas are characterized by sprawl and auto-oriented development patterns. The most troubling finding by the group is that there are 5,000 preventable pedestrian deaths in the U.S. each year.

Good Advice for Georgians; How to Avoid Preventable Medical Errors

November 12, 2009 | Benjamin S. Persons, IV

With all the reports recently of preventable medical errors, today CNN printed an informative article “How to avoid falling victim to a hospital mistake.” The average person would be shocked by some of the stories I hear on a regular basis as a Georgia Medical Malpractice Lawyer. The Joint Commission, which provides accreditation for hospitals, reports that wrong-site, wrong-side and wrong-patient procedures occur more than 40 times each week in the United States.

The above CNN article arms patients with simple practical knowlege that can help prevent these types of errors. One example is to repeat your name, date of birth, and the procedure you are having to each and every nurse, tech and doctor involved in your care. I would recommend reading this article for anyone undergoing any hospital testing or surgery in the near future.

Georgia Victims of Medical Malpractice Need a Fair Chance at Justice; 98,000 Americans Die From Preventable Medical Errors Each Year.

November 12, 2009 | Benjamin S. Persons, IV

Insurance companies are spending millions of dollars each year lobbying State and Federal government to limit medical malpractice victim’s access to the courthouse with various tort reform measures. Insurance companies justify their endless attack on the right to trial by jury with the argument that the majority of medical malpractice claims are frivolous. However, the recent studies published by the non-partisan National Institute of Medicine indicate 44,000 to 98,000 patients die each year as a result of preventable medical errors and as many as 1,000,000 are seriously injured.

Nearly every day as a Marietta Medical Malpractice Lawyer, I hear another heartbreaking story of death or serious injury due to preventable medical errors. A recent report of the AAJ highlights several true stories of medical error victims including that of Blake Fought. Blake was only 19 years old when he was set to be discharged from the hospital following an illness that required a central line IV. His nurse had never been trained to remove the IV and did not follow proper procedures, causing air bubbles to invade his heart and brain. As a result of this preventable error, Blake died in front of the nurses and his parents.

Marietta Personal Injury Lawyer Explains What You Should Do if You are Injured in an Auto Accident

November 10, 2009 | Benjamin S. Persons, IV

1. Get the treatment you need and follow the doctor’s instructions. If you were hurt in the accident, immediately go to the hospital or your doctor. From my experience as a Marietta Personal Injury Lawyer a common concern of those injured in auto collisions is “how am I going to pay for my medical bills?” If the emergency room or urgent care center suggests you follow up with a specialist such as an orthopedic physician, you need to do it. From a lawyer that works with injured people on a daily basis, you cannot put a price tag on good health. There are many ways to deal with unexpected medical expenses caused by an auto accident. Please do not refuse needed medical attention because you are concerned about the bill.

Another question people often have, “if the hospital didn’t give me a doctor’s name when I was discharged, who should I go see?” Look to the hospital, your primary care doctor, your family, or your friends for a good doctor recommendation. Clients always feel more comfortable with a doctor if someone they know and trust recommends.

Cobb County Police Officer Injured by Suspected Drunk Driver

November 7, 2009 | Benjamin S. Persons, IV

marietta dui.jpg It is an unfortunate fact that drunken drivers pose a significant risk to motorist traveling in and through Cobb County. The danger of becoming victim of DUI is even greater on week-end nights. According to WSBTV a suspected drunk driver crashed into a Cobb County Police Officer’s cruiser at 11:30 Friday night. The officer was parked with his emergency lights on, helping with lane closures for road construction on Interstate 575 south at the Bells Ferry exit.

From review of the scene photographs this was clearly a tremendous and horrible impact. Both the officer and the suspected drunk driver were injured. The officer was transported to Kennestone Hospital with head injuries. My wife and Iare praying for a quick and full recovery for the injured officer and the other driver.

Horrific Motorcycle and Car Collision Used to Illustrate the Dangers of Cell Phone Distractions

November 2, 2009 | Benjamin S. Persons, IV

With all the vehicles driving in and through the metro Atlanta area, auto accidents are going to happen. Unfortunately, some of these accidents cause injury. Georgia personal injury lawyers that handle these types of cases have observed that the most catastrophic accidents are usually caused by impaired or seriously distracted drivers. In the picture below, the driver of the Volkswagen was reportedly using a cell phone at the time of the collision. All three people involved in the collision were killed.

A recent study suggest that driving while talking on a cell phone increases the risk of accident twice as much as driving while intoxicated (.08 Blood Alcohol Content). More public awareness on the dangers of texting and talking on cell phones while driving will hopefully lead to less deadly auto collisions in Georgia.