Georgia Personal Injury Law Blog

In a post last week, our blog discussed how the Federal Motor Carrier Safety Administration has introduced a rule calling for the creation of a database listing the names of licensed truckers who have either refused drug tests or failed drug tests. Curiously enough, this issue perhaps took on added significance after last week's elections, which saw voters in four states -- California, Maine, Massachusetts and Nevada -- legalize marijuana for recreational purposes and voters in three states -- Arkansas, Florida and North Dakota -- legalize marijuana for medicinal purposes. Indeed, statistics show that as many as 80 million people currently live in states where recreational marijuana is now legal in some form, while over half the states permit medical marijuana. Given this dramatic expansion of pro-pot laws, it naturally raises the question as to what, if anything, the FMCSA has recently had to say about use of the drug…

Now that we are a few months into the school year, kids and parents alike are starting to become accustomed to their new routine, including homework, extracurriculars, and, of course, start times and dismissal times. Regardless of the chosen method of getting to and from school, there's a very good chance that kids will at some point have to cross a street, a parking lot, or a dedicated one-way drop-off/pick-up lane. In light of this reality, both students and parents alike will likely want to take note of some rather sobering figures on pedestrian accidents from the child advocacy organization Safe Kids Worldwide. According to Safe Kids Worldwide: 284 teens ranging in age from 12 to 19 were killed in pedestrian accidents in the U.S. in 2015, which averaged out to roughly five fatalities per week and a 13 percent increase from 2013. Teens ranging in age from 15 to…

The next time you find yourself traveling down the highway in the proximity of a semi, take a moment to glance at just how big it is and just how fast it is moving. Indeed, chances are good that you'll have forgotten just how unnerving the prospect of being so close to a vehicle weighing 40 tons and traveling upwards of 70 miles-per-hour really is. As unnerving as this is, consider how it can become even more so when you add the possibility that the person at the wheel of this mechanical behemoth is not paying attention to the road, violating traffic laws or even driving despite a record of failed drug tests. Interestingly enough, the Federal Motor Carrier Safety Administration introduced a rule back in 2014 that would create what is known as the Commercial Driver’s License Drug and Alcohol Clearinghouse, which would essentially be a database listing licensed truckers who…

At this moment, workers across Georgia and around the nation all have one eye on the clock, eagerly counting down the hours until they are released to enjoy the weekend. In fact, this coming Saturday and Sunday are perhaps even more anticipated than normal given that Daylight Saving Time will officially come to an end. What this means is that the majority of the nation will "fall back," such that they will not only have to reset their clocks, but will also gain an extra hour of sleep on Sunday morning. What it also means is that the sun will start rising earlier in the morning and setting earlier in the evening. While this shift in sunrises and sunsets might not seem like much, if any, cause for concern, research suggests that the first few weeks after the end of Daylight Saving Time present a heightened safety risk to pedestrians.…

It is a well-known fact that distracted driving is incredibly risky, yet it still causes many of the accidents on the road today. This is partially because of the nature of driving - any task that requires constant attention and vigilance is also going to have operator distraction as a weak point, because the human attention span is finite. At the same time, there are a few key ways you can minimize distraction to add to your personal safety. Types of distraction The first step is to understand the main types of driver distraction. They are: Cognitive Visual Manual Most people are fairly used to handling visual distractions, and vehicles are typically designed to minimize them. It's why many people stream music or podcasts in the car, but very few attempt to watch a movie while they are in the driver's seat. Most visual distractions come from roadside spectacles, including landmarks,…

One of the single most difficult things for millions of Americans to do is secure eight hours of sleep. While this can be attributed to everything from generalized anxiety and acid reflux disorder to newborn babies and noisy neighbors, it can also be attributed to a serious condition known as obstructive sleep apnea. Interestingly enough, a recently published study by researchers in Italy revealed that truckers suffering from obstructive sleep apnea -- or OSA -- have a considerable higher crash risk than their counterparts able to secure a good night's rest. What is OSA?     OSA is a breathing disorder in which a person's airway actually collapses during sleep, resulting in a coughing/gasping reflex that wakes them momentarily. As this happens many times throughout the course of the night, it prevents the person from ever falling into a deep, restorative sleep cycle. Many times, people are unaware they have the…

For those who might have missed it, the National Highway Traffic Safety Administration released a rather grim report last week outlining just how deadly our nation's roads and highways have become. Indeed, this report indicated that almost 18,000 people lost their lives in motor vehicle accidents during the first half of 2016, a 10 percent increase from the same time last year and a continuation of a startling trend that began in 2015. As to why the number of motor vehicle fatalities has spiked, NHTSA officials attribute it to the reality that there are more people driving owing to lower gas prices and improved economic conditions, and the longstanding problem of distracted driving. In response to the report, the U.S. Department of Transportation announced that several of its agencies -- the NHTSA, the Federal Motor Carrier Safety Administration  and the Federal Highway Administration -- would be joining forces with the…

While the last few decades have seen automakers make tremendous strides in protecting vehicle occupants involved in crashes, the last few years have seen these safety efforts shift considerably. Indeed, the focus now seems to be more on preventing car crashes altogether via so-called self-driving technology than enhancing existing safety technology. Indeed, there are many vehicles currently out on the roads and highways equipped with some degree of self-driving technology right now, such as cruise control systems that don't just set a speed, but also help steer the vehicle and keep it within its lane. As fascinating as this development has been, it goes without saying that drivers of vehicles equipped with this sort of technology are in no way able to take their eyes off the road completely and, by extension, that we are still several years away from fully self-driving vehicles. Interestingly enough, a group of researchers at…

While most people are well aware that interstate trucks are subject to extensive federal regulations covering everything from their brakes to their tires, what they might not realize is that these regulations aren't just confined to the exterior of the truck, but rather extend to the interior as well. For example, the Federal Motor Carrier Safety Administration's regulations on windshields dictate that no devices can be mounted more than six inches below the upper edge and, even then, they must be mounted outside the truck driver's line of sight. While this may seem somewhat arbitrary, the regulation exists to ensure that truckers have a clear line of sight to the road, signage and traffic signals. Interestingly enough, the FMCSA announced last week that it was officially changing this longstanding regulation on windshield-mountable devices. What does the new regulation state? Starting October 23, certain types of "vehicle safety technology" can be mounted on…

After the loss of a loved one, the last thing on the minds of those left behind is typically money. Oftentimes, friends and family are struggling to come to terms with the loss, cope with their grief and find ways to move forward. None of this happens overnight. However, it is important to note that during this difficult time, finances can become a growing concern. There are also other obstacles that can make recovering from a loss quite difficult that you may come up against in this situation. For these reasons, it can be wise to consider the possibility of filing a wrongful death claim. Below are a few reasons why it can be in your best interests to consider filing a wrongful death claim after the loss of a spouse, parent, child or family member. Economic relief: As we mentioned above, money can become a problem. You may have…