Recent Blog Posts

When Should You Contact a Reliable Car Accident Attorney?

Fri, 03 Apr 2026 01:39:18 GMT

After a car crash, one of your biggest concerns may be figuring out when you should call a car accident attorney in Sandy Springs, GA . Timing can truly affect how your case turns out. At Thomas Law Firm, we help accident victims get answers, protect their rights, and start the recovery process right no matter the size of the accident.

Serious Injuries Require Serious Support

If you or someone you love has suffered a serious injury in a crash, it’s smart to reach out to a car accident attorney right away. Injuries like concussions, broken bones, or anything needing hospital care often mean expensive bills, time off work, and pain that lingers for weeks or months. Insurance companies may try to offer quick settlements, but those offers usually don’t cover everything you’ll need for medical treatment and recovery.

Even injuries that seem small at first can become bigger later on. Sometimes symptoms show up days after the accident, so it’s important to have legal support before accepting any deals or signing paperwork. Your attorney can keep track of medical records, help you get fair compensation, and make sure you don’t get rushed into a deal that harms you.

When Liability Is Disputed

Not every accident is clear-cut. Sometimes, other drivers argue that you caused the collision, and insurance companies might disagree with your story. Disputed liability is tricky because it slows down the claims process and makes compensation uncertain.

If the other party’s insurance company blames you or refuses to accept their driver’s responsibility, an experienced legal professional can step in. Lawyers are skilled in collecting accident reports, finding witnesses, and presenting strong evidence to prove who was really at fault. Having legal help ensures you don’t lose your rights or get stuck with someone else’s mistakes.

It’s also worth learning safe driving habits to help prevent accidents before they happen. Check out this guide to defensive driving for practical tips that can keep you safer on the road.

Insurance Troubles? Get Legal Guidance

Dealing with insurance companies can be confusing and stressful after a crash. They may delay processing your claim or might question the seriousness of your injuries. Sometimes, insurance providers even deny parts of your coverage with little explanation. If any of this happens, connecting with a trusted lawyer is a wise move.

Your attorney understands insurance rules and what companies must legally cover. They negotiate with adjusters so your settlement isn’t just good enough; it covers all your damages, like hospital bills, lost wages, and ongoing pain and suffering. Early legal advice keeps you from making mistakes and helps your case move forward smoothly.

Why Early Action Matters

When it comes to car crashes, every day matters. Waiting too long to call a car accident attorney may mean missing deadlines, losing key evidence, or leaving important paperwork out of your claim.

Right after an accident, attorneys can tell you what documents to gather. This includes photos of the crash scene, damage to cars, witness names and phone numbers, and all hospital reports. They’ll help you report the crash to the police and your insurance the right way. Taking fast action ensures you have the evidence you need and gives you a much better chance at success later on.

Document Evidence and Seek Medical Care

After any accident, one of the best things you can do is document what happened. Take clear photos of all vehicles involved, the road, traffic signs, and any injuries. Write down everything you remember before details get fuzzy. Collect accident reports and save all letters or emails from insurance companies.

Also, don’t skip medical care even if you think you’re okay. Sometimes, injuries are hidden and only show up after a few days. Hospitals and doctors keep official records, which are crucial evidence if you decide to file a claim. A legal professional will explain how each piece of documentation can help you get the best outcome for your case.

How Experienced Attorneys Help

An experienced lawyer brings knowledge and support you might not find anywhere else. These professionals have handled cases similar to yours, so they know how to investigate, negotiate, and fight for fair compensation. Their help means you won’t make mistakes that could hurt your claim, and you’ll know what to expect at every step.

Legal experts handle paperwork, medical reports, and conversations with insurance companies so you can focus on healing. They answer your questions and explain your options so you can make smart choices.

When Accidents Get Complicated

Some accidents involve more than one car, long-term injuries, or even trucks and commercial vehicles. These situations make the claims process very complex. Multiple insurance companies may get involved, and deciding who caused the accident can be even harder.

Car accident attorneys are experienced with these complex cases. They manage witness statements, handle tough negotiations, and navigate complicated insurance claims. Whether your crash happened on a busy highway or a quiet street, legal help gives you the best chance to recover what you deserve.

Early Legal Guidance Protects Your Rights

Even if you’re not sure your case is serious, early advice from a car accident attorney can protect you down the road. Lawyers can tell you about time limits for filing claims in Georgia and help you avoid mistakes that weaken your case.

If your injuries get worse or you later discover extra damage, your attorney will already be prepared to update your claim and fight for a higher settlement. Early guidance is smart because it helps you at every turn.

Get Your Questions Answered Now in Sandy Springs, GA

If you’re wondering when you should contact a car accident attorney, don’t wait until it’s too late. Protect yourself, your family, and your finances, and reach out to a professional who knows how to fight for your rights. Thomas Law Firm has years of experience guiding local accident victims through the legal process and helping them claim the compensation they deserve. Contact us today to learn how we can help you after an accident in Sandy Springs, GA.

Advice from a Car Accident Lawyer in Sandy Springs, GA

Tue, 25 Nov 2025 19:15:27 GMT

Car accidents happen unexpectedly, and when they do, knowing exactly what to do can make a significant difference in protecting your rights and health. If you live in or near Sandy Springs, GA, understanding the right steps after a collision is essential. This guide, brought to you by a car accident lawyer in Sandy Springs, GA , from the Thomas Law Firm, walks you through a step-by-step process to follow immediately after an accident. Our goal is to ensure you are safe, gather necessary evidence, seek medical attention, and connect with the legal support you deserve.

Step 1: Ensure Safety First and Assess Injuries

When you are involved in a car accident, your first priority should always be safety. A car accident lawyer in Sandy Springs, GA, advises that you move to a safe location, if possible, without leaving the scene entirely. Turn on your hazard lights to alert other drivers. Check on yourself and passengers briefly—assess if immediate medical attention is needed.

If someone is injured, call 911 immediately. Do not attempt to move anyone seriously hurt unless there is danger from fire or another hazard. Even if injuries seem minor, it’s critical to seek a medical assessment, as some symptoms may surface hours later.

Step 2: Call the Police and Document the Scene

Contacting law enforcement to report the accident is vital. The police report will be an important document when dealing with insurance companies or pursuing legal claims. A car accident lawyer in Sandy Springs, GA, always stresses the importance of an official report to protect your rights.

While waiting for the authorities, collect important information at the scene:

Names, phone numbers, and addresses of all drivers and passengers involved.
Driver’s license and insurance details of other parties.
Vehicle registration numbers.
Contact information of witnesses.

Take clear photos of the accident scene, vehicle damage, license plates, road conditions, and any visible injuries.

This thorough documentation can be invaluable for your case later on.

Step 3: Exchange Information Nicely but Avoid Admitting Fault

Once you ensure safety and have contacted the police, exchange necessary information with the other driver(s). Keep the exchange professional and factual. Write down their insurance policy number and company name, and keep a record of the details.

A car accident lawyer in Sandy Springs, GA, advises you not to discuss fault or apologize at the scene. Fault can be complex and is best determined through investigations. Avoid statements that could be interpreted as admitting liability.

Step 4: Seek Medical Attention Promptly After the Accident

Even if you feel fine immediately after the crash, visiting a healthcare professional as soon as possible is crucial. Many injuries related to whiplash, concussion, or internal trauma do not manifest right away. This medical record will also serve as proof of your injuries when filing an insurance claim or lawsuit.

A car accident lawyer in Sandy Springs, GA, highlights how early medical treatment strengthens your case for compensation by clearly tying injuries to the accident.

Step 5: Notify Your Insurance Company

Contact your insurance company shortly after the accident to report the incident. Be honest but stick to the facts, describing the event as it happened without speculation or assigning blame.

An experienced car accident lawyer in Sandy Springs, GA, recommends that you don’t provide recorded statements or agree to settlements before consulting an attorney, as this can affect your rights to fair compensation.

Step 6: Contact a Car Accident Lawyer in Sandy Springs, GA Early

One of the most important things you can do after an accident is to consult with a car accident lawyer in Sandy Springs, GA, right away. Early legal guidance ensures your rights are protected from the start.

An attorney will help you:

Understand your legal options and whether you have grounds for a claim.
Communicate with insurance companies on your behalf to avoid lowball offers.
Investigate the accident thoroughly to gather evidence that supports your case.
Handle paperwork and deadlines involved in claims or lawsuits.
Advocate for fair compensation for your injuries, lost wages, and damages.

Thomas Law Firm cares deeply about accident victims in Sandy Springs and surrounding communities. We strive to provide personalized attention in every case.

How a Car Accident Lawyer in Sandy Springs, GA, Protects Your Rights

Navigating the aftermath of a car accident can be overwhelming without legal assistance. Insurance companies often try to minimize payouts, and without proper knowledge, victims may inadvertently accept less than they deserve.

A car accident lawyer in Sandy Springs, GA, ensures:

Your conversations with insurers are handled professionally and strategically.
Legal deadlines and statutes of limitations are respectfully met.
Evidence is preserved and presented effectively.
You are informed at every step and empowered to make sound decisions.

This dedicated legal support from experienced attorneys gives victims peace of mind when it matters most.

Taking the Right Steps Makes All the Difference

Following a car accident in Sandy Springs, GA, doesn’t have to leave you feeling lost or helpless. Remember these essential actions:

Prioritize safety and check for injuries.
Call police and document everything.
Exchange information calmly without admitting fault.
Seek medical care promptly.
Notify your insurance company accurately.
Contact a trusted car accident lawyer in Sandy Springs, GA, as soon as possible.

By following this clear, step-by-step guide from a knowledgeable car accident lawyer in Sandy Springs, GA, you improve your chances of full recovery and fair compensation.

Have you or a loved one been involved in a car accident in Sandy Springs, GA? Don’t navigate this challenging time alone. The dedicated team at Thomas Law Firm is here to protect your rights and guide you through every stage of your claim. Contact us today .

The Top 9 Signs You Should Choose a Slip and Fall Lawyer

Fri, 26 Sep 2025 16:28:41 GMT

If you’ve recently experienced an injury due to a fall, knowing when to consult a slip and fall lawyer in Sandy Springs, GA , can make all the difference. Thomas Law Firm brings you this guide to help you understand when legal assistance becomes crucial. Slip and fall accidents can happen anywhere—from slippery store aisles to damaged sidewalks—and deciding to hire legal help can ensure your rights and recovery are fully protected.

Slip and fall injuries aren’t just about minor bruises. They can lead to long-term pain, expensive medical bills, and lost income. Understanding when your situation calls for professional legal advice helps you avoid costly mistakes and fight for the compensation you deserve.

1. You Suffered a Serious Injury

A serious injury like a broken bone, concussion, or back injury is a clear indication you may need a slip and fall lawyer. These injuries often require costly medical care and impact your ability to work. A lawyer experienced in slip and fall cases can help you pursue compensation for medical bills and lost wages.

Even injuries that seem minor in the beginning can worsen over time. Some conditions, like head trauma, may not show immediate symptoms but cause serious problems later. A slip and fall lawyer will ensure your injuries are fully evaluated and properly addressed in your claim.

2. The Cause of the Fall Is Unclear

Sometimes it’s not obvious who’s at fault after a slip and fall. Was it the store owner’s negligence or your own accident? If liability isn’t clear, legal guidance can help gather facts and evidence to build your case and establish responsibility.

Determining fault involves reviewing the condition of the property, warning signs, and maintenance records. A slip and fall lawyer uses these details to clarify who must be held accountable for your injuries, protecting you from being unfairly blamed.

3. You Receive a Low Settlement Offer

Insurance companies often offer less than what you deserve. If an offer seems unfair or doesn’t cover your expenses, it’s time to consider a slip and fall lawyer. They understand how to negotiate with insurers to maximize settlement amounts.

Many people accept initial insurance offers without realizing they can seek more. A slip and fall lawyer evaluates the true value of your claim, including future medical care and emotional distress, to secure a fair settlement.

4. You Miss Work Because of the Injury

Missing work due to an injury impacts your income and future job prospects. Legal support can ensure you get compensated for lost wages, especially in cases where the injury wasn’t your fault.

Loss of income adds financial stress during an already difficult time. A lawyer calculates not only your past lost wages but also any diminished future earning potential caused by your injury.

5. Hazardous Conditions Caused Your Fall

Common causes of slip and fall injuries in Sandy Springs include cracked sidewalks, poorly lit stairs, slippery store floors, and ice patches in winter. If your fall resulted from these hazards, a slip and fall lawyer can help prove negligence by property owners.

Property owners have a duty to keep their premises safe. When they fail, they may be legally responsible for your injuries. A lawyer can document these dangerous conditions and show how they contributed to your fall.

6. You’re Unsure About the Statute of Limitations

In Georgia, you have two years from the date of the injury to file a personal injury claim. Missing this deadline can cost you compensation. A lawyer helps you file on time and prevent your case from being dismissed.

Understanding legal timelines is essential. Delays caused by confusion or hesitation can jeopardize your right to compensation. A slip and fall lawyer guides you through deadlines and paperwork to protect your claim.

7. Evidence Needs to Be Collected Quickly

Scenes of accidents can change rapidly—hazards get repaired, witnesses forget details, and security footage might be erased. A slip and fall lawyer knows the importance of timely investigation, collecting surveillance footage, and eyewitness accounts to support your case.

Your attorney acts fast to preserve evidence that proves your accident’s cause and seriousness. Early evidence collection prevents challenges from opposing parties and strengthens your position in negotiations or court.

8. You Feel Overwhelmed by the Claims Process

Dealing with paperwork, insurance companies, and legal jargon can be stressful while recovering. Hiring a slip and fall lawyer lets you focus on healing while they manage the complexities of your claim.

Insurance companies use complex tactics to limit payouts or deny claims. A lawyer understands these strategies and ensures you don’t get taken advantage of during the process.

9. You Want to Ensure Fair Compensation

Ultimately, choosing a lawyer improves your chances of a fair outcome. They work aggressively to seek damages for medical bills, pain and suffering, lost income, and future care if needed. Without legal help, you might accept less than you deserve.

A lawyer evaluates all aspects of your case, including emotional distress and lifestyle changes caused by your injury. This comprehensive approach helps you obtain full and fair compensation.

How a Slip and Fall Lawyer Can Help You

A slip and fall lawyer in Sandy Springs, GA, investigates your case thoroughly. They inspect the accident site, obtain evidence like photos and witness statements, and review surveillance videos. This comprehensive preparation builds a strong case to negotiate effectively with insurance companies or take your claim to court.

They also assess property owner maintenance records and any prior complaints about hazards. This information may prove negligence and support a larger compensation claim. Furthermore, your lawyer handles all communications with insurance companies, protecting you from pressure tactics.

When You Need Trusted Legal Support in Sandy Springs

If any of the signs mentioned above apply to you, it’s wise to reach out for legal help immediately. Thomas Law Firm in Sandy Springs understands the challenges after a slip and fall accident and is dedicated to protecting your rights. Don’t let uncertainty or insurance tactics prevent you from receiving fair compensation.

Early action can preserve your claim’s strength and improve its outcome. A knowledgeable slip and fall lawyer offers personalized attention and clear advice to guide you every step of the way.

Take Action Today With Thomas Law Firm

Slip and fall injuries can turn your life upside down, but choosing the right legal partner can bring clarity and support. Thomas Law Firm offers experienced slip and fall lawyers in Sandy Springs, GA, who will fight to get you the compensation you deserve. Contact us today for a free consultation and take the first step toward recovery and justice.

Choosing a Personal Injury Lawyer in Sandy Springs, GA

Tue, 03 Jun 2025 22:00:06 GMT

Finding the right personal injury lawyer in Sandy Springs, GA, can be the difference between a frustrating legal process and a successful resolution that gets you the compensation you deserve. Whether you’ve been in a car accident, slipped and fell, or suffered any injury due to someone else’s negligence, choosing the right representation isn’t just a legal decision—it’s a deeply personal one.

Many law firms may offer to take your case, but not all lawyers bring the same level of experience, empathy, or effectiveness. That’s why asking the right questions, knowing what to look for, and being aware of red flags is essential.

Questions to Ask During a Consultation

Your first consultation is more than a meet-and-greet—it’s your chance to size up whether the attorney is truly the right fit. Make sure to ask:

Have you handled cases similar to mine before?
What’s your success rate with those types of cases?
How do you structure your fees? Is it contingency-based or hourly?
Who will be handling my case day-to-day?
How often will I receive updates?

The answers to these questions should give you clarity and confidence.

Why Local Representation Matters

Hiring a personal injury lawyer in Sandy Springs, GA, means you're working with someone who knows the local courts, judges, and opposing counsel. That kind of insider knowledge can be a major asset when building your case.

Beyond that, a local attorney is more accessible. Need a last-minute meeting or want to drop off documents? It's easier with someone nearby. At Thomas Law Firm, we’re proud to be part of the Sandy Springs community and offer personalized service rooted in local experience.

Red Flags to Watch For

Even during the first consultation, you can spot potential issues. Be cautious if the lawyer:

Avoids giving direct answers
Isn’t upfront about their fee structure
Pressures you to sign immediately
Promises results that sound too good to be true

Transparency, professionalism, and genuine concern for your well-being should never be negotiable.

What Makes a Great Personal Injury Lawyer

Empathy matters. A great personal injury lawyer in Sandy Springs, GA, should not only be aggressive in negotiation but also compassionate in their communication. Look for someone who listens well, answers your questions clearly, and shows a true interest in your recovery.

Strong negotiation skills, a deep understanding of Georgia injury law, and responsiveness are what set the best attorneys apart.

Client Reviews and Testimonials

Before hiring, check out online reviews and testimonials. Past clients can give you insights into how the lawyer handles cases and interacts with clients. Look for consistent positive feedback about communication, case outcomes, and overall experience.

At Thomas Law Firm, we’re proud of the results we’ve achieved and the trust we’ve earned. See what our clients are saying .

The aftermath of an injury can be overwhelming, but choosing the right attorney doesn’t have to be. With the right questions, local representation, and a focus on what matters most, you can find a trusted partner in your legal journey.

Injured and need legal help? Contact Thomas Law Firm today to speak with a trusted personal injury lawyer in Sandy Springs, GA. Call 678-264-8348 now to schedule your free, no-obligation consultation.

The Benefits of Hiring a Slip and Fall Attorney in Sandy Springs, GA

Thu, 10 Apr 2025 02:32:56 GMT

When accidents happen, they can change your life in an instant. If you’ve experienced a slip and fall accident in Sandy Springs, GA, you might be overwhelmed with medical bills and uncertainties about your rights. Thomas Law Firm, an experienced slip and fall attorney in Sandy Springs, GA , can guide you through this challenging time and help you secure the compensation you deserve.

Why You Need a Slip and Fall Attorney

Slip and fall accidents can occur anywhere, from supermarkets to sidewalks. These incidents often lead to serious injuries, necessitating medical attention and sometimes resulting in long-term disabilities. Navigating the legal aspects of such accidents can be complex, making it crucial to hire a slip and fall attorney in Sandy Springs, GA.

Expertise in Premises Liability

A skilled slip and fall attorney will be well-versed in premises liability laws. These laws can be intricate and vary from one jurisdiction to another. With an expert like Thomas Law Firm on your side, you will have a thorough understanding of your case and the legal options available to you. They could identify if negligence played a role in your accident and how it can be proven.

Accurate Valuation of Your Claim

Determining the value of your claim involves more than just adding up medical bills. It includes lost wages, pain and suffering, and long-term rehabilitation costs. An experienced slip and fall attorney in Sandy Springs, GA, will ensure that all aspects are considered, thus maximizing your potential compensation.

Benefits of Local Legal Representation

Understanding Local Regulations

Hiring a local attorney like those at Thomas Law Firm means you benefit from their familiarity with local regulations and the legal landscape in Sandy Springs. They know the courts and the local statutes and can offer insights specific to this jurisdiction that an out-of-town lawyer might miss.

Personalized Attention

A local slip and fall attorney in Sandy Springs, GA, offers personalized service and is easily accessible for personal meetings. This level of personal attention ensures that your case gets the thorough review and strong representation it needs.

Navigating Complex Legal Processes

Gathering Evidence

A critical aspect of any slip and fall case is evidence. A slip and fall attorney will help you gather vital evidence such as medical reports, witness statements, and surveillance footage.

Negotiating With Insurance Companies

Insurance companies aim to minimize payouts. Without legal representation, you might settle for far less than you deserve. A seasoned attorney negotiates firmly with these companies, protecting your rights and interests.

Peace of Mind

Focus on Recovery

The aftermath of an accident is a stressful time. By hiring a slip and fall attorney in Sandy Springs, GA, you can focus on your health and recovery while they handle the legal complexities.

Professional Guidance

An experienced attorney provides ongoing guidance and clear, professional advice throughout your case. You won’t be left wondering about your next steps; instead, you’ll be informed at every stage.

Take the Next Step: Consult With a Slip and Fall Attorney in Sandy Springs, GA

Being involved in a slip and fall accident is hard enough; don’t let the complexities of the legal system add to your burden. If you or a loved one has suffered a slip and fall accident, hiring a knowledgeable slip and fall attorney in Sandy Springs, GA, like Thomas Law Firm, can make all the difference. They will fight to get you the justice and compensation you deserve.

Don’t wait! Contact us and schedule a free, no-obligation consultation today with Thomas Law Firm in Sandy Springs, GA, and take the first step towards securing your future.

How Corrugated Packaging in Seattle, WA Can Enhance Your Product's Protection During Shipping

Thu, 30 Jan 2025 06:27:25 GMT

Slip-and-fall lawyer accidents can result in serious injuries that affect your quality of life. If you've suffered an injury from a slip-and-fall lawyer in Sandy Springs, GA, proving liability is essential to securing the compensation you deserve. A slip-and-fall lawyer in Sandy Springs, GA can guide you through the process, helping you build a strong case by demonstrating negligence. Let’s break down the key elements involved in proving liability in these cases.

Understanding Liability in Accidents with a Slip and Fall Lawyer in Sandy Springs, GA

Liability in a slip-and-fall lawyer accident refers to the responsibility of the property owner or occupier for your injuries. To win a slip-and-fall case, you must prove that the property owner was negligent and that their negligence directly caused your accident and injuries.

The core of most slip-and-fall cases is establishing negligence. In Georgia, property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors, especially in business settings. This means they must promptly address hazards such as wet floors, uneven surfaces, or poor lighting. A slip-and-fall lawyer in Sandy Springs, GA can help assess whether the property owner’s actions or inactions contributed to your fall.

Key Steps to Proving Liability in a Slip and Fall Accident

1. Document the Scene and Gather Evidence

Immediately after the accident, documenting the scene is crucial. Take photographs of the hazard that caused your fall, whether it’s a wet floor, a broken handrail, or a damaged sidewalk. This photographic evidence will help your lawyer build a case showing that the property owner failed to maintain a safe environment.

2. Identify Witnesses with the Help of a Slip and Fall Lawyer in Sandy Springs, GA

Eyewitness testimony can play a significant role in proving liability. If anyone witnessed your fall, their statements could support your claim that the property owner was negligent. A slip-and-fall lawyer in Sandy Springs, GA can help gather and utilize witness statements to strengthen your case.

3. Preserve Evidence of Injuries

The extent of your injuries must be documented by medical professionals. Medical records, including doctor visits, treatment plans, and diagnostic tests, are crucial to proving the severity of your injuries. In some cases, expert testimony may be needed to explain the impact of the injury, such as back pain or long-term complications.

4. Prove the Property Owner’s Knowledge of the Hazard

To win a slip-and-fall case, you must show that the property owner either knew or should have known about the dangerous condition that caused your accident. This could be established if the hazard was present for an extended period or if the owner had received previous complaints about it. Your slip-and-fall lawyer in Sandy Springs, GA will work to gather evidence showing that the owner was negligent in addressing the hazard.

5. Establish the Link Between the Hazard and Your Injuries

The next step is proving that the hazardous condition directly caused your injuries. This often requires medical records that show the injuries sustained in the fall, as well as expert testimony linking the fall to specific injuries like sprains, fractures, or back pain.

The Role of Expert Testimony in Proving Fault in a Slip and Fall Case

In complex cases, expert testimony may be necessary. Experts such as accident reconstruction specialists, medical professionals, and safety experts can explain how the property owner’s negligence contributed to your injuries. These experts help to establish the severity of the hazard and its direct impact on your case, making them invaluable in court.

The Importance of Legal Support from a Slip and Fall Lawyer in Sandy Springs, GA

Proving liability in a slip-and-fall case can be challenging, but with the help of a skilled slip-and-fall lawyer in Sandy Springs, GA, you can increase your chances of securing fair compensation. They will guide you through each step, from collecting evidence to working with experts, to ensure your case is as strong as possible.

Need help proving your slip and fall case? Book a free , no-obligation consultation with a slip-and-fall lawyer in Sandy Springs, GA, to get the legal support you deserve.

E-SCOOTERS SURGE IN POPULARITY

Fri, 24 May 2024 16:27:58 GMT

Micromobility Devices Offer New Form of Transportation

MICROMOBILITY DEVICES GROW IN POPULARITY

In our continuing series on biking for National Bike Month, we take a look at e-bikes, e-scooters and hoverboards. Over the last five years or so, there has been an explosion in the use of electric scooters (e-scooters), electric bikes (e-bikes) and hoverboards in cities, towns and college campuses throughout the United States. These micromobility devices have gained widespread support for a number of reasons; chief among them is their low carbon footprint.

Renting an e-scooter or e-bike is quite easy; you can access one by using an app on your phone and then zip to your destination at approximately 15 mph. But it’s not without concern; escalating use has led to deaths and disabling injuries based on epidemiological studies underscoring their risks in the last several years.

As e-scooters, hoverboards and e-bikes become more popular for personal transportation and leisure activities, emergency departments are treating an increase in injuries nationwide. A new report, Micromobility Products-Related Deaths, Injuries, and Hazard Patterns, released by the U.S. Consumer Product Safety Commission (CPSC), shows that injuries associated with all micromobility devices increased nearly 21% in 2022 from 2021. Their growth and accessibility has been associated with a sharp uptick in deaths, traumatic brain injuries (TBIs), internal organ injuries and extremity fractures. The speed of such devices—while certainly an attractive aspect of commuting—also can be deadly, partly related to danger to pedestrians and a lack of people wearing helmets and padding to protect their bodies. The silent nature of their electric motors also can be a danger to others, as drivers often weave in and out of traffic and sidewalks.

SOME SOBERING STATISTICS

Micromobility-related injuries have trended upward since 2017, increasing an estimated average 23% annually. The report estimates the number of injuries based on data collected from a nationally representative sample of U.S. hospitals. It shows that e-scooters continue to show increases in injuries, year-over-year, rising 22% in 2022 from 2021. Nearly half (46%) of all estimated e-bike injuries from 2017 to 2022 occurred in 2022 alone. Hoverboard injuries defied the upward trend, and decreased 26% from 2021 to 2022.

The latest data show:

There were an estimated 360,800 emergency department visits related to all micromobility devices from 2017 through 2022.
Fractures, followed by contusions/abrasions, are the two most common injuries. The most frequently injured body areas are the upper and lower limbs, as well as the head and neck.
May through October had the largest percentages for both e-scooter and e-bike related injuries whereas December and January had the largest percentages for hoverboard-related injuries.

SAFETY TIPS

Always wear a bicycle helmet when riding to protect your head in a fall.
Before riding, make sure to check for any damage, which includes examining the handlebars, brakes, throttle, bell, lights, tires, cables and frame.
See and be seen. Most deaths involve motor vehicles. Many micromobility products are small, quick, and quiet, making it difficult for others to spot you, especially in parking lots and structures.
Expect vehicle drivers and pedestrians not to see you; slow down and stay aware of your surroundings.
Use the bell/horn to alert others.
Do not make abrupt, unpredictable movements.
Beware of obstacles. E-scooters have small tires, so objects and uneven surfaces can cause them to stop suddenly, throwing you off.
Always keep both hands on the handlebars and keep items off the handlebars.
Slow down and lean back when you have to ride over bumps.
Never ride under the influence of alcohol or drugs.
Only one person per scooter; additional riders can increase the risk and severity of collisions.

E-SCOOTERS AND E-BIKES HIT THE ROAD IN GEORGIA

Scooters offer a new transportation option for people but can create a public safety challenge. Ordinance 18-0-1322 adopted on January 7, 2019 addresses regulations for scooter riders and helps protect everyone navigating the streets and sidewalks through the City of Atlanta.

APD along with the Department of Public Works will enforce the laws and want to make sure the public is informed. The regulations include:

No riding scooters on the sidewalks

Ride scooters in LIT Lanes (bike lanes) or in the right lane of the street
No using a cell phone while riding
Ride one person per scooter
No blocking crosswalks, doorways, driveways or anything else
Follow traffic laws, the flow of traffic and always yield to pedestrians

CONTACT YOUR ATTORNEY

If you are involved in an accident with a micro mobility device, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Dave Thomas is an experienced personal injury attorney, and will ensure that you recover damages for medical costs, lost wages, pain and suffering, and any other applicable costs.

NATIONAL BIKE TO WORK WEEK

Mon, 13 May 2024 17:46:23 GMT

Making Your Work Commute Fun

HISTORY OF BIKE TO WORK WEEK

National Bike Month was started by the League of American Bicyclist and has been celebrated for almost 70 years. The event was timed to coincide with the arrival of warmer weather. It has inspired countless bike rides, safety inspections, commuter challenges, ribbon-cuttings, "share the road" promotions, and other varied celebrations of bicycling in communities across the nation.

One of the most popular activities in Bike Month is encouraging people to bicycle to work and forsake their motor vehicles for just one day. Bike to Work Week is the third week in May, and the third Friday in May is designated as National Bike to Work Day.

There are many benefits to Biking to Work. The DC.gov website lists the following highlights:

Biking To Work Sustainability Facts

1. Reduce household emissions - Riding your bike to work rather than driving can cut down on your household emissions by at least 6%.

2. Reduce traffic - Cars produce .97 pounds of pollution per mile annually; bikes produce none. Bikes are also up to 50% faster than cars during rush hour.

Biking to Work Health Facts

1. People who bike to work have better blood pressure, insulin levels, and triglyceride levels.

2. Depending on your weight, you can burn between 215-500 calories during a 30-minutes bike ride, based on a 10 mph pace (average commuter pace). The actual calories you burn while riding depends on your weight, fitness level, speed, number of hills, etc.

3. People who bike to work have reduced tiredness and less difficulty sleeping.

4. Just 3 hours of biking per week can reduce your risk of heart disease by 50%.

5. People who bike to work believe their health has improved since they started commuting by bike.

6. The average person loses 13 lbs. in the first year of commuting by bike.

7. Each additional hour spent in a car per day is associated with a 6% increase in the likelihood of obesity.

8. People who bike to work have higher levels of well-being, self-confidence, and stress tolerance.

9. People who bike to work report greater feelings of freedom, relaxation, and excitement than car commuters.

Biking To Work Cost Savings Facts

1. For obese workers, being physically active* 1-2 days a week lowered healthcare costs by $400-$500 per year. (*Physical activity was defined as at least 20 minutes of exercise that increases heart rate and breathing.)

2. The average annual operating expense of a bicycle is just $308, versus more than $8,000 for a car.

3. Helps support local businesses - When you ride a bike, you’re more likely to keep your trips shorter and your shopping closer to home, which is great for local business.

HOW THE PANDEMIC CHANGED OUR WORK COMMUTES

An estimated 731,272 Americans used bicycles as their chief means of transportation to work in 2022, up from 2021 but down almost 75,000 from before the pandemic and 175,000 from the peak year of 2014. There are some big takeaways when looking at data from before the pandemic and during the pandemic. Based on 2019 vs. 2021 1-year estimates, more than 18 million people changed to working from home, shifting from all other modes except “taxi cab, motorcycle, and other means.” The shift to working from home has decreased the number of people commuting by other modes, including about 14.5 million teleworkers who no longer drive to work alone. Biking, walking, and transit saw similar dramatic shifts to fewer people using them to get to work in most states and cities.

While the overall data shows decreases in bike commuting, there are several bright spots including New York City – which showed a continued increase in bike commuters even as other major cities like Washington, D.C., saw steep decreases. The commute to work is often one of the longest trips that people take in a typical day. According to data from the 2017 National Household Travel Survey, the average trip to work is about 12 miles, compared to 7-8 miles for errands, visiting family, and going to church. Trips to and from work make up about 20% of trips but due to their regular pattern of peak travel each day, they have an outsized role in transportation planning, engineering, and policy.

For biking trips, commute to work data is the only federal data we get. It is valuable data because it comes out annually (usually), and is available for many different geographies allowing us to compare cities, states, and even census tracts with the same data nationwide. However, we know that commutes to work do not represent 90% of bike trips, limiting its insight. There is a profound need for more data about biking trips for other purposes and biking travel generally.

If the shift to working from home is durable, then there is an opportunity to focus more on planning and engineering for short everyday trips that are shorter distances and easier to do by biking or walking. Overall, 39.4% of all trips are 2.5 miles or less and those are trips that people may choose to do by bike if we build safe and connected places to bike for short trips.

YOU’VE COME A LONG WAY, ATLANTA

Starting in Summer 2016, the City of Atlanta joined cities such as New York City, Boston, Birmingham, Chattanooga and Philadelphia in launching its own Bike Share system, Bike Share Atlanta. Bike Share is an innovative, emerging form of public transportation in which bicycles are available for shared use to individuals on a short-term basis. The system provides users the ability to pick up a bicycle at any bike share station located near their destination. Bike share launched in the Summer of 2016 with 100 bikes at 10 stations and expanded in April 2017 with 500 bikes at 75 stations. The program is planned to eventually expand to over 2,000 bicycles and 200 stations located through the various diverse neighborhoods of Atlanta.

Cycling in Atlanta has grown in popularity in recent years, from 0.33% of commutes in 2000 to 1.1% in 2009, aided by improving cycling infrastructure and community support. Although Atlanta has historically been a city defined by the automobile, its increasingly compact urban form and mild climate are encouraging residents to cycle to work, shopping, and recreational destinations. Though Atlanta's famed hilly topography can make cycling challenging—though fun—many parts of the city are relatively flat, including some of the more densely populated areas.

So, bike to work this week and/or on bike to work day, Friday May 17. If biking to work is not feasible, participate in a bike trip for recreation and exercise, meeting up with friends or enjoying a solo ride. Wear a helmet and if riding at night, remember to equip your bicycle with lights and yourself with reflective clothing. And never bike impaired!

If you are involved in an accident, contact Dave Thomas at The Thomas Law Firm . Dave Thomas is an experienced personal injury attorney and will provide a free evaluation of your legal right to compensation for medical costs, lost wages, pain and suffering, and any other applicable damages.

NATIONAL BIKE MONTH

Tue, 07 May 2024 17:59:13 GMT

Two Wheels are Better than Four

NATIONAL BIKE MONTH

May is National Bike Month, promoted by the League of American Bicyclists and celebrated in communities from coast to coast. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling and encourage more folks to give biking a try.

In 2024, we'll be celebrating all the ways people bike during National Bike Month. There are so many ways to celebrate Bike Month: with a commute during Bike to Work Week (and Bike to Work Day), biking to coffee or around the block, or riding for National Ride A Bike Day .

This Bike Month, make every ride count by logging each ride with the Love to Ride app. #MakeEveryRideCount. This new app has the power to make biking better for everyone by generating anonymous data that helps planners make infrastructure decisions based on real-time, crowd-sourced information.

There are many reasons to ride a bike:

To get more physical activity.
To reduce air pollution*
To save money.
To get to places faster.
To have fun!

*a recent study found that when an individual replaces one car trip per day with a bike trip, that person reduces their carbon emissions from transportation by 67 percent . Just one small change in your daily life can mean you are contributing to a healthier future for our planet and nation.

ATLANTA CELEBRATES NATIONAL BIKE MONTH

Below are some of the local events happen ing this month:

May 13-19: Bike to Work Week

Friday, May 17: Bike to Work Day

May 11-18: The Atlanta Cycling Festival
Atlanta’s own weeklong festival dedicated to all things biking was launched in 2014 and is chock-a-block with group rides at all levels, bike classes, and parties!

Sunday, May 19: Atlanta Streets Alive
Atlanta Streets Alive closes down three miles of Peachtree Street to car traffic and opens it up to people on foot, skates, bikes, wheelchairs, and skateboards. Come join the party!

The Atlanta Bicycle Coalition is a nonprofit public-benefit corporation established to "create a healthier, more sustainable Atlanta by making it safer, easier, and more attractive to bicycle for fun, fitness, and transportation." Founded in 1991, the ABC has a dues-paying membership. The ABC organizes or promotes cycling-related events such as Atlanta Streets Alive and Bike Month.

NATIONAL BIKE SAFETY MONTH

May is also National Bike Safety Month, with safety advocates and police offering safety tips and advocating for more safety measures. Police are using the month to update drivers and cyclists on the latest road rules such as: Keep as far to the right as practicable, riding in a single-file line, but know you are legally allowed to take the lane when it is necessary or safer. Bicycles are considered motor vehicles in traffic, meaning stop signs, red lights, and other traffic signals and devices always apply. On multi-use paths, cyclists are required to yield to pedestrians. Riding on the sidewalk is illegal; when you ride on the sidewalk and through crosswalks, you may come too quickly for drivers to see you and from a different direction than is expected. See https://bikeleague.org/ridesmart/ for more information on riding safely.

SAFETY TIPS

Helmet: While not required by law, this will protect your brain in a fall or collision.
Pump: Keeping tires filled at their designated pressure level can help prevent flats.
Repair kit: Even so, flats will happen, but with a travel repair kit and pump, they can be an easy fix.
Lights: Having lights on the front and rear of your bike makes you more visible to cars and is required by law when riding at night.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know is involved in an accident with a bicycle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Dave Thomas is an experienced personal injury attorney and will help you recover the medical costs, lost wages, and damages for pain and suffering to which you are entitled.

CAMPUS PROTESTS SPREAD

Mon, 29 Apr 2024 19:12:12 GMT

Atlanta Joins the Controversy

ATLANTA RESPONDS TO PROTESTS

It is a story playing out across the nation’s institutions of higher education, a story somewhat reminiscent of anti-war protests at colleges and universities in the 1960s, yet different due to the over half-century of change that has intervened. Police have carried out multiple violent arrests at Emory University in Decatur, Georgia , in what appears to be the first campus crackdown in recent days to involve rubber bullets and teargas after students set up an encampment in solidarity with Palestine and against Cop City. On Thursday, Emory students set up multiple tents on the campus’s lawns in protest against the university’s ties to Israel, as well Atlanta’s Cop City, a police and fire department training center that is being constructed on a 171-acre plot in a forest south-east of Atlanta. The protesters issued a statement, demanding “total institutional divestment from Israeli apartheid and Cop City at all Atlanta colleges and universities.”

In a statement released on April 25, 2024, the university said: “Several dozen protesters trespassed into Emory University’s campus early on Thursday morning and set up tents on the Quad. These individuals are not members of our community. They are activists attempting to disrupt our university as our students finish classes and prepare for finals. Emory does not tolerate vandalism or other criminal activity on campus. The Emory police department ordered the group to leave and contacted Atlanta Police and Georgia State Patrol for assistance.”

FREE SPEECH OR UNLAWFUL OCCUPATION?

Similar scenes unfolded around the country. As the crackdowns continued in the south, Princeton University students in New Jersey set up their own Gaza solidarity encampment on Thursday morning at 7am local time. Two students were arrested and barred from campus. It is unclear when they will be able to return. Elsewhere on the same day, a new protest camp sprang up at the University of California, Los Angeles, with local news reports saying dozens of tents were erected on Thursday morning. Also in Los Angeles, officials at the University of Southern California canceled its main graduation ceremony , citing fears that the protests on campus could disrupt plans. At Indiana University Bloomington, a tent encampment popped up before police with shields and batons shoved into a line of protesters, arresting 33 people.

At the City College of New York, hundreds of students who were gathered on the lawn beneath the Harlem campus’s famed gothic buildings erupted in cheers after a small contingent of police officers retreated from the scene. In one corner of the quad, a “security training” was held among students who said they expected to be arrested in the coming hours.

Late on Thursday Columbia University backed off from an overnight deadline for pro-Palestinian protesters to abandon an encampment there. The office of the New York-based Columbia University president, Minouche Shafik, issued a statement retreating from a midnight deadline to dismantle a large tent camp with around 200 students.

A group of Democratic state legislators and the ACLU expressed concern over the reaction by law enforcement to the student protests. The ACLU said: “The freedom to protest without retribution is essential to our democracy. Atlanta has historically been a place where citizens could freely exercise their rights to protest, but we have unfortunately seen a series of unconstitutional crackdowns on speech and protest across Georgia in recent years,” the organization said in a statement. “Colleges and universities should be places where viewpoints, expression, debate, and free speech are encouraged, not suppressed.”

In response, Georgia's attorney general, Chris Carr, weighed in on the pro-Palestinian protests and encampments at Georgia universities like Emory: "We will proudly stand by any university that takes action to protect the health and safety of Georgia’s students," Carr said on social media. "Nobody has the legal right to shut down our schools by camping out and making antisemitic threats.”

THE LEGAL QUESTION

Distinguishing between free speech and assembly—rights guaranteed in the First Amendment—and unlawful encampments, hate speech and riots has always been difficult. Protecting free expression on college campuses is essential to helping students succeed. Students should be allowed to speak and be heard in public areas of school grounds, such as sidewalks and lawns. Expression should not be cordoned off to so-called free-speech zones. As the University of Chicago’s Committee on Free Expression wrote in a statement adopted by more than 100 colleges and universities, it is not a school’s job to protect individuals from ideas with which they disagree.

In a recent interview, Daniel Diermeier, Chancellor of Vanderbilt University, was asked where he draws the line between free speech and illegal actions. A group of Vanderbilt students recently “ran over” a security guard, Diermeier said, on their way to occupying an administrative building and refusing to leave. The students sent the guard to the hospital, and his injuries kept him out of work for two weeks. One student broke a window in the building. Diermeier was direct: Causing injury and damaging property are not protected forms of speech. When it comes to protests, Diermeier said, “universities will determine the time, manner, and way in which it’s done.”

While institutions of higher education are essential to the free expression and exploration of controversial ideas and opinions, no one on a campus should be allowed to shout down another individual at a school program, preventing them from delivering a lecture or teaching a class. Neither should individuals be automatically absolved from committing physical assaults or damaging property. College officials must maintain order inside school buildings and on any part of campus where individuals are breaking school codes or violating the law. The recent outbreak of “encampments” on campuses is not an attempt to persuade people with ideas, nor mere efforts to express opinions.

As the VP of Campus Life at Princeton University stated on April 24: In addition to disrupting University operations, some types of protest actions (including occupying or blocking access to buildings, establishing outdoor encampments and sleeping in any campus outdoor space) are inherently unsafe for both those involved and for bystanders, and they increase the potential for escalation and confrontation. They are also inconsistent with the University’s mission and its legal obligation to provide a safe environment for all students and employees. For those reasons, among others, our policies explicitly prohibit such conduct, and I want to be sure you understand that we will act promptly in order to address it. Any individual involved in an encampment, occupation, or other unlawful disruptive conduct who refuses to stop after a warning will be arrested and immediately barred from campus. For students, such exclusion from campus would jeopardize their ability to complete the semester. In addition, members of our community would face a disciplinary process…”

With commencements fast approaching, the ability of universities and colleges to foster free expression while maintaining law and order will be tested. Thoughtful approaches like those outlined above will go far to teach students how to navigate the line between protected free speech and unlawful protest.

CONTACT YOUR ATTORNEY

If you have been injured at a protest , contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

CONSTRUCTION SITE ACCIDENTS

Mon, 29 Apr 2024 18:33:56 GMT

Renovation, Rehabilitation and...Injury

R ENEWAL AND RENOVATION

Spring is a time of renewal --of homes, buildings, roads and bridges. Construction on small and large scales is everywhere, from home renovations to highway reconstruction. As a result, we are constantly forced to navigate dangerous conditions, while driving, walking and bicycling. Construction sites are inherently dangerous places, and not just for the workers who face these dangers every day. Bystanders and visitors to these sites also face substantial risk, particularly when site owners and managers fail to employ reasonable safety measures. In some areas, pedestrians or bicycle riders are forced to pass by construction zones. The last thing they expect is to be struck in the head by debris being thrown from a roof or run over by a construction site vehicle, but these unfortunate events are quite possible in and around construction sites.

The most common types of injuries come from falling debris, slip and fall accidents, and construction vehicle accidents. Falling debris is one of the leading causes of construction site injuries to workers, pedestrians, bystanders and visitors. Although barricades are often put in place to keep pedestrians at a safe distance from construction sites, sometimes they are improperly placed and walkers are hit by falling objects. Individuals can also suffer construction site injuries from falling tools, equipment like large cranes, and defective machinery. It is quite easy to trip over materials or fall into ditches or holes that are not properly marked. Other common injuries incurred at construction sites include:

* being struck by a tool or construction material that is dropped from an overhead location

illness or injury from exposure to toxic or noxious construction chemicals
slip and falls on uneven or unstable surfaces or over debris that has not been removed from walkways
injuries from impacts with construction vehicles
electrical shock from power sources that are not properly shielded.

TAKE PRECAUTIONS

It is vital to require all visitors to wear hard hats, advise them of how to take precautions and post clear warning signs on the site. A safety perimeter should be established around the area of construction, so that pedestrians, bicyclists and cars do not get close enough to the site to be injured. Signs notifying people of the construction should be posted, giving people enough time to alter their route or at least slow down when approaching the construction. Orange cones—those ubiquitous symbols announcing that Spring is here and delays are ahead—should be placed around a site if there are hazards on the road or lawn that people might not see right away or get too near.

LIABILITY

Construction site injuries can lead to costly medical bills, time spent off work, emotional distress and other long-term consequences. A construction company may be liable for an injury that happens due to negligence on the site, or a homeowner and their contractor could be liable if home renovations are not done with proper precautions and result in injury. If you’ve sustained construction site injuries, you must prove that the company or contractor had a duty of care to keep the construction area safe, that they breached that duty, and that the breach caused you injury or harm. The construction site owner and all contractors performing services at the site owe guests and bystanders a duty of care to keep them from being injured when they are visiting or walking by the site. An injured visitor or bystander can sue the party that failed to live up to that duty of care for damages to compensate for losses and injuries.

Among other duties, a construction site owner or manager is obligated to mark or warn about safety hazards that cannot be remedied, to erect scaffolds and overhead barriers to protect guests from falling construction debris, to cover or fix broken pavement and open trenches, to eliminate or provide pathways around slippery or uneven surfaces, and to protect guests from exposure to hazardous materials. An injured construction site visitor can sue the site owner for premises liability if his or her injuries were the direct and proximate result of the owner’s failure to meet these obligations.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured near a construction site, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

ATVs SURGE IN POPULARITY AND ACCIDENTS

Wed, 17 Apr 2024 18:08:43 GMT

A Concerning Trend

ATV ACCIDENTS ON THE RISE

All Terrain Vehicles, better known as ATVs, are becoming more popular, particularly among younger people. Of Off-highway vehicles, ATVs are far and away the type most often used—and the most often involved in accidents. The dangers of riding OHVs are real and include overturning, collisions and occupant ejection. CPSC’s latest data show an annual average of more than 700 deaths and an estimated 100,000 emergency department-treated injuries involving OHVs. According to the National Institutes of Health, injuries to youth on ATVs have been increasing exponentially in recent years. Youth under age 16 years are 4 times more likely to require emergency room treatments.

According to CPSC’s latest report, from 2016 through 2018, there were 2,211 deaths in the United States associated with OHVs, which includes all-terrain vehicles, recreational off-highway vehicles and utility-terrain vehicles. ATVs accounted for nearly three-quarters of the deaths. Nearly 300 deaths were among children under the age of 16. CPSC estimates that 112,300 injuries, associated with OHVs, were treated in U.S. hospital emergency departments in 2020. Over five years, ATVs were the vehicle involved in 96 percent of the OHV injuries.

The following 10 states accounted for 931 deaths, or more than 42 percent of the off-highway vehicle deaths from 2016 through 2018: Texas; West Virginia; Pennsylvania; Kentucky; California; Florida; North Carolina; New York; Alabama and Michigan. Georgia ranks 11th in the country for deaths due to ATV accidents.

CAUSES OF ATV DEATHS AND INJURIES

The following are leading causes of injury and fatal accidents:

Driving an ATV on a paved surface. ATVs are designed for off-road use only and handle poorly on pavement.
Riding double on an ATV that isn’t designed to carry a passenger. Most ATVs are designed for only one rider.
Letting inexperienced operators ride without an experienced riding partner.
Riding without adult supervision.
Performing dangerous stunts and maneuvers.
Operating in unfamiliar areas or terrain.
Failing to observe state laws and local ordinances.

SAFETY TIPS

Ride safely with a few tips:

Get hands-on training from a qualified instructor, e.g., in an ATV Safety Institute (ASI) course.
Never ride with more passengers than there are seats. Most ATVs are designed for one rider.
Never ride on public roads, except to cross, where permitted by law.
Avoid drinking alcohol before or while driving an ATV, because alcohol can impair judgment and response time.
Stay off paved roads.
Riders younger than 16 should drive only age-appropriate youth models, and never adult models.
Always wear a helmet and other protective gear, such as eye protection, boots, gloves, long pants and a long-sleeved shirt.

RIDING ATVs IN GEORGIA

In Georgia, there are neither license nor training requirements, nor a legal age limit to operate an ATV, nor a helmet law. In fact, the only current law concerning ATVs in Georgia is that they are not permitted to be operated on sand dunes or beaches anywhere in the state except as authorized. However, the American Academy of Pediatrics recommends that riders be 16 years old or above when operating adult ATVs.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been involved in an accident with an OHV, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

MOTHER NATURE'S APRIL FOOLS' PRANK

Thu, 04 Apr 2024 17:42:19 GMT

Out Like a Lion

MOTHER NATURE WREAKS HAVOC ACROSS THE COUNTRY

Remember the old adage “March comes in like a lion and goes out like a lamb?” Not this year. This year March went out and April began with a huge roar: severe thunderstorms, large hail, huge accumulations of snow, heavy rains and flooding, and numerous tornados caused chaos from coast to coast. In Georgia, several tornadoes were recorded, and high winds ripped through communities, leaving a trail of devastation in their wake. As of Thursday, April 4, 2024, a wind advisory and a Special Weather Statement were in effect.

The heavy rains caused flooding and landslides, forcing the closure of some roads. The powerful winds blew utility poles over—some crashing into nearby homes and businesses—causing widespread power outages. Trees snapped and/or were uprooted, falling onto roadways. In these conditions, the safest course of action is to stay home and off the roads. If you do have to be out, follow the safety tips below to avoid an accident.

HEAVY RAINS

It’s harder to control or stop your vehicle on a slick road. Increase your following distance so you’ll have plenty of time to stop for vehicles ahead of you. Also remember that every vehicle handles differently; this is particularly true when driving on wet roads.

Visibility is usually compromised in rainy conditions. Headlights can help. All states have laws requiring the use of headlights in low visibility, and many states require headlights when wipers are in use. Always keep your windshield wipers in good condition, replacing them every 6-12 months.

People often underestimate the power of rushing water. It only takes 12 inches of rushing water to carry away most cars, and just two feet of rushing water can carry away most trucks and SUVs. The CDC reports the most common type of flood-related drowning occurs when a vehicle is driven into hazardous flood water. When you see the road is flooded, or if there are barriers blocking the road, turn around. Turn around, don’t drown!

In addition, try to stay in the middle lane where flooding is less likely. Reduce speed and allow extra space between vehicles. Keep an eye on high profile vehicles such as large trucks and buses during windy conditions. If side winds occur while driving, steer your vehicle gently and slowly in the opposite direction.

HIGH WINDS

Driving in high winds can be particularly challenging. All sorts of debris can land on the roadway and cause accidents, either due to vehicles swerving to miss the object and hitting other vehicles in the process, or due to vehicles hitting the debris. Keep an eye out for flying debris, and use extra caution near trailers, vans or vehicles carrying lightweight cargo. In addition, some cars shouldn't be driven in windy conditions. It's best not to drive a trailer, van or other "high-profile" vehicle (autos with high centers of gravity like SUVs and trucks) in high winds.

TORNADOES

Tornadoes have been recorded across the South, Gulf Coast, and Ohio River Valley, and the National Weather Service has issued numerous Tornado Watches and Tornado Warnings, in addition to Severe Weather Alerts. When storms and severe weather are expected, pay attention to these watches, warnings and alerts. Check the news either on the radio or on your phone. Do not try to outrun a tornado . Look for an underpass that you can park under for temporary shelter. If you can't reach a safe structure, lie down in a ditch or low area. Stay face down to protect yourself from flying debris and cover the back of your head and neck with your hands. Stay alert for flash floods.

THE BOYSCOUT APPROACH: BE PREPARED

Driving in severe weather is not recommended, but sometimes it is necessary. Being prepared will minimize the risks you face. Below are a few ways in which you can prepare your vehicle and yourself to have the safest possible journey:

Replace Worn Wiper Blades.

Check Your Tires.

Check Your Lights.

Inspect Your Brakes.

Maintain Proper Fluid Levels.

Keep Your Battery in Good Shape.

Prepare an Emergency Kit.

CONTACT YOUR PERSONAL INJURY ATTORNEY

If you are involved in an accident, either in a vehicle or as a pedestrian, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

SCHOOL TRANSPORTATION ACCIDENTS

Mon, 01 Apr 2024 18:28:08 GMT

Texas Bus Accident in the News

SCHOOL BUS CRASH IN TEXAS KILLS 2 AND INJURES MANY MORE

More than 40 pre-K students and 11 adults from Tom Green Elementary were making their way back to school after a field trip to the Bastrop County Zoo on March 22, 2024, when a concrete truck veered into the lane and struck the bus around 2 p.m. The man behind the wheel of the concrete truck that collided with the bus full of pre-kindergarten students last week in Texas, killing one student and one driver, had taken recreational drugs hours before the collision, according to reporting by the Austin-American Statesman. Texas Department of Public Safety reported that the driver, 42-year-old Jerry Hernandez, was arrested on a charge for criminally negligent homicide on Friday.

In April of 2023, a school bus barreled into a house in a Pittsburgh suburb. Thankfully, no children were aboard the bus at the time and the driver was not seriously injured. The house, however, suffered extensive damage.

In November 2023, a charter bus carrying students from a high school was rear-ended by a semi-truck on an Ohio highway, leaving six people dead and at least 18 others injured. Three students on the bus and three adults in one of the involved passenger vehicles all died at the scene.

THE STATISTICS ON SCHOOL TRANSPORTATION ACCIDENTS

School bus-related crashes killed 108 people nationwide in 2021, up 50% compared to the pandemic-related low number of 54 deaths in 2020, according to National Safety Council (NSC) tabulations of data from the National Highway Traffic Safety Administration (NHTSA). A school bus-related crash is defined by NHTSA as any crash in which a vehicle, regardless of body design, used as a school bus is directly or indirectly involved. This includes incidents involving school children getting in or out of a vehicle.

From 2012 to 2021, about 70% of the deaths in school bus-related crashes were occupants of vehicles other than the school bus, and 16% were pedestrians . About 5% were school bus passengers, 5% were school bus drivers, and 3% were pedalcyclists . Of the people injured in school bus-related crashes from 2012 to 2021, about 30% were school bus passengers, 9% were school bus drivers, and 53% were occupants of other vehicles. The remainder were pedestrians, pedalcyclists, and other or unknown. For example, In 2021, there were 101 fatal bus accidents in the Unite States, which resulted in 108 fatalities. Only 4.6% of fatalities were school bus passengers. Rather, 68.5% of fatalities were occupants in other vehicles and 19.4% were pedestrians.

THE SAFEST WAY TO TRAVEL

Because accidents involving school buses and children make national news, it seems as if riding a school bus is more dangerous than it really is. Every day across the country, nearly 500,000 buses carry more than 25 million students to and from school and school-related activities. According to the National Transportation and Safety Board (NTSB), school buses are the safest vehicles on the road, and one of the safest modes of transportation overall. In fact, children are much safer traveling in school buses than in any other vehicle, whether they're going to and from school, a field trip, or a sporting event. They are even safer riding in a school bus than in a car with their parents or caregivers.

One of the reasons for the good safety record of school buses is their design. School buses use a unique technology called compartmentalization—a passive occupant protection system to protect children in a crash. School bus seats are made with an energy-absorbing steel inner structure and high, padded seat backs, and are secured to the school bus floor. Students are protected within the seating compartment much like eggs in a carton. School buses use a unique technology called compartmentalization—a passive occupant protection system to protect children in crash. School bus seats are made with an energy-absorbing steel inner structure and high, padded seat backs, and are secured to the school bus floor. Students are protected within the seating compartment much like eggs in a carton. However, compartmentalization alone is not enough to prevent all injuries and for some children, a seat belt could lessen their injuries or even save their lives.

NEED FOR IMPROVEMENT

In addition to ensuring that school buses have seat belts, safety measures for the students as they get on and off buses should be increased. Every state has a law making it illegal to pass a school bus that is stopped to load or unload passengers with its red lights flashing and stop arm extended. Far too many drivers simply choose to ignore the law for their own convenience and put children at risk.

In 2018, people saw the deadly consequences of such a choice when a pickup truck driver failed to stop for a stopped school bus that had its red warning lights and stop arm activated. The pickup truck struck children crossing the road to board the stopped bus in rural Indiana. As a result of the investigation, the NTSB recommended that states enact legislation to permit stop arm cameras on school buses to capture images and allow citations to be issued for illegal school bus passings based on the camera-obtained information. The NTSB also recommended that the use of school bus stops that require students to cross a roadway should be minimized.

CONTACT YOUR PERSONAL INJURY ATTORNEY

Despite best efforts, accidents will happen. If you or someone you know has been involved in a school transportation accident. contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

A CHANGE IN THE LEGAL LANDSCAPE

Tue, 26 Mar 2024 17:57:48 GMT

The Crumbley Verdicts

RECENT VERDICTS THAT CHANGE THE LEGAL LANDSCAPE

James Crumbley, the father of the Oxford High School shooter Ethan Crumbley, was found guilty on March 14, 2024, of involuntary manslaughter for his role in the killings of four students in 2021. The decision in Crumbley’s case follows the February conviction of Crumbley’s wife, Jennifer Crumbley , on the same charges, one involuntary manslaughter charge for each child their son killed. The cases mark the first time in the U.S. that parents of a mass shooter have been held directly responsible for the deaths their child caused.

The verdicts raise difficult questions about the level of control parents have over the actions of teenage children, as well as the level of accountability society can reasonably demand. Crumbley had bought his son the gun used in the shooting four days before the killings, having taken him to the shooting range on several occasions and supervising his usage there.

But during Crumbley’s trial, as well as that of Jennifer Crumbley, questions were raise about whether the gun was secured in a way that would deter their son from accessing it easily. The backdrop to these actions is the parents’ knowledge of their son’s mental health issues: how much did they know and when did they know it? In legal terms, this knowledge is part of establishing foreseeability.

With respect to the question of the parents’ knowledge of their son’s problematic mental health, their meeting at their son’s school immediately prior to the mass shooting was key: both parents met with school officials on the day of the mass shooting; the officials were alarmed at pictures and notes drawn and written by Ethan that they had discovered. If they were not aware of their son’s dark thoughts before (and there were many indications that they were), the parents were made aware then, and becoming aware at that meeting meant being aware in time to prevent the subsequent carnage. The two issues, a lack of safe storage and mental illness, coalesced to become a lethal combination.

In some ways, the verdicts are not as radical as they seem at first; if a small child accesses a firearm and injures himself or another child while “playing” with it, parents can and have been held responsible. However, the accountability of parents for this sort of tragedy is usually limited to gross negligence with respect to the unsafe storage of the gun. Finding parents of a shooter guilty of killing is a whole new level of culpability.

MORAL VERSUS LEGAL CULPABILITY

Is it appropriate? Should parents have liability beyond the storage of the weapon? This fundamental question has haunted U.S. society since Columbine in 1999, arguably the first mass school shooting in the country. At Columbine, the perpetrators had exhibited signs of mental illness, and ultimately died by suicide after the massacre. In addition to signs of mental illness, the pair of shooters had amassed an arsenal of weapons, including homemade bombs. Many people were left wondering how parents could have failed to notice all of these troublesome signs.

People went on to debate whether holding parents responsible for the criminal actions of their children was the province of morality or the law, a debate that continues today. What most could agree on, however, is that parents at least have a duty to ensure that deadly weapons are kept beyond the reach of kids, even kids approaching the age of majority. Safe storage laws, sometimes referred to as Child Access Prevention (CAP) laws, have been enacted in 16 states and D.C. A dozen and a half states and the District of Columbia passed red flag laws , or extreme risk protection orders, that would allow judges to order the confiscation of firearms from people considered to be dangerous to themselves or others. (Georgia does not have a CAP or red flag law; Michigan had a CAP law.) Unfortunately, “straw man” purchases of the type used to obtain weapons for the Columbine and Oxford, Michigan mass shootings (and others) are still providing access to guns to those who should not have them.

THE LEGACY OF THE CRUMBLEY CASES

Legal experts point out that the guilty verdicts in the Crumbley cases rested on specific facts, facts that formed a picture of inattentive even reckless parents, a very disturbed teenage child, a missed opportunity to avoid the mass shooting, and unrestricted access to a firearm. These facts were so egregious on every level that they are unlikely to all be present in future cases: how many parents would buy a gun for their teenager who has exhibited mental health problems, allow that teen unfettered access to the gun, and then ignore the recommendation of school counselors to take that child home or to a mental health screening when a distressing picture of the gun and words about shooting the school are found on his notebook in class?

Because the presence of so many risk factors at once is unlikely, the Crumbley verdicts may have more limited precedent than at first thought. The cases might have a very narrow application going forward. However, the very fact that parents of a teen shooter were charged with involuntary manslaughter is likely to give parents and other caregivers pause. The charge directly links parents with the victims, not just the weapon (as with safe storage laws). The charges and guilty verdicts indicate society’s frustration with the lack of meaningful alternatives to address the growing epidemic of gun violence in our country. At least one thing is clear: parents need to be vigilant regarding their guns and their kids.

If you or someone you know has been injured, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your case.

GEORGIA JAYWALKERS

Wed, 20 Mar 2024 19:35:52 GMT

Jaywalking: Risky or just a short-cut?

JAYWALKING IN GEORGIA

Crossing a street in the middle of a block, or crossing diagonally from one corner to another, is tempting. After all, the shortest distance between two points is a straight line, right? But is it the safest route? Typically, jaywalking refers to illegally crossing the street in an area that doesn’t have a crosswalk, with little regard to oncoming traffic. Jaywalking is not a legally recognized term, and you will not see this exact word used in Georgia law.

Crossing the street outside a crosswalk is not per se illegal in Georgia. In most cases, crossing the street without the need to use a crosswalk is completely legal. The law in Georgia states that drivers must stop at marked crosswalks to allow pedestrians to cross, giving pedestrians the right of way. Drivers are not legally allowed to drive around pedestrians or cut them off. Failing to follo w the law can result in legal consequences and potentially serious injury to the pedestrian. Section 40-6-91 - Right of way in crosswalks states:

(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.

(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

OCGA § 40-6-91

By law, pedestrians must yield the right of way to oncoming traffic unless they are already crossing under safe conditions. Pedestrians need to wait until it is safe enough to cross the road. If the pedestrian is already crossing the street, drivers must yield to pedestrians. Section 40-6-92 - Crossing roadway elsewhere than at crosswalk states:

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.

(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

OCGA § 40-6-92

LIABILITY IN JAYWALKING ACCIDENTS

Georgia, jaywalking is a violation of the state’s pedestrian laws. Pedestrians must use crosswalks or intersections whenever possible and obey traffic signals. Pedestrians must use sidewalks when available, and if there are no sidewalks, they must walk facing traffic. If a pedestrian crosses outside a crosswalk or against the signal, they could share fault for any resulting accident . However, this does not mean that a pedestrian jaywalking and hit by a car in Georgia has no legal recourse. Sometimes, the driver may still be partially or fully responsible for the accident. For example, if a driver is distracted (cell phone use is a common source of distraction), or speeding, or running a red light or stop sign, the driver could be negligent and partially or wholly responsible for the accident and subsequent injuries.

In Georgia, the statute for comparative negligence is found in the Official Code of Georgia Annotated (OCGA) § 51-12-33 . This statute provides that a person who is 50% or more at fault for an accident cannot recover any damages. A person who is 49% or less at fault can recover damages, but their percentage of fault reduces their compensation. For example, suppose you were jaywalking and 25% at fault for an accident that injured you. That means the maximum compensation you can recover is 75% of your total damages. If you are 50% at fault, you will receive nothing.

CONTACT A PERSONAL INJURY ATTORNEY

If you are involved in a pedestrian-vehicle accident, the first priority is getting medical attention for any injuries you incurred. Contacting a pedestrian accident lawyer is also essential, especially if you were jaywalking at the time of the accident. You have legal rights, but the driver’s insurance company will try to blame you as much as possible, so they don’t have to pay compensation. An experienced attorney can help you navigate the legal process, negotiate with insurance companies, and pursue compensation for your medical expenses, lost wages, and other damages. In Georgia, the statute of limitations for personal injury claims is two years, so it is crucial to act fast. If your claim involves a government municipality, you might only have 90 days to bring an administrative claim.

Dave Thomas of The Thomas Law Firm is an experienced personal injury attorney. He has helped man y clients recover damages for the injuries and costs associated with vehicle-pedestrian accidents. Contact Dave Thomas for a free evaluation of your case.

THE POPULARITY AND DANGER OF E-SCOOTERS

Sun, 10 Mar 2024 18:05:06 GMT

Some alarming statistics

THE POPULARITY—AND DANGER OF MICRO-MOBILITY

E-scooters are becoming more and more common, particularly in urban centers and on college campuses. But as Electric scooter popularity has surged, so have associated risks. A significant (222%) increase in injuries from 2014 to 2018 was reported by JAMA Network Open, with 14,651 cases in 2019 alone. Research indicates 80% of these accidents result from falls, 11% from collisions with objects, and 9% from motor vehicle collisions. Most injuries are head-related (60%), with 26% severe, 54% moderate, and 19% mild (NCBI). Emergency departments have noted an uptick in TBIs, extremity fractures and internal injuries in the last decade since e-scooter use has become more widespread.

Fatalities since 2018 total 29, with 5% involving pedestrians (Business Insurance). A study found 80% of injuries affected riders (Jama Surgery). Head injuries accounted for 60% of scooter accidents among survey respondents, which points to the importance of wearing helmets when riding scooters. Some additional statistics include: 5% of people injured were pedestrians; 45.5% of injuries occurred during commuting hours; 11% involved collisions with objects; 9% involved motor vehicle collisions; 1 in 3 victims needed medical attention within 48 hours after injury; 80 % of accidents happened to riders while 20% happened to bystanders; 25% of people involved in accidents had blood alcohol content above legal limit; 42% of injuries were caused by roadway imperfections such as potholes; 11.5 % of those injured admitted having already caused an accident. Data from a Consumer Product Safety Commission report released in October 2023 indicated that injuries from e-bikes and e-scooters increased by nearly 21% in 2022 from 2021.

While the ease of renting e-scooters and their small carbon footprint makes this mode of transportation very attractive, recent studies and the statistics noted above have signaled some concerns with such widespread use. The recent bankruptcy filing by the micro-mobility company “Bird” may be a sign that the industry’s bet on this alternative approach to commuting may not be the financial windfall that investors once expected. Countless lawsuits related to deaths and personal injuries from faulty parts and equipment have been a major consideration in the viability of this mode of transportation.

ACCIDENTS WITH E-SCOOTERS

Why are there so many accidents with e-scooters? One reason is one of the things that makes e-scooters so attractive to use: their quiet, near invisible presence on roads. An e-scooter can approach your car at an intersection before you even fully realize it is beside you. Operating an e-scooter or e-bike in a busy traffic-choked street where motorists may not hear them approaching due to their “silent nature” is a major concern: Their “silent” profile makes visibility an issue while changing lanes and making turns, a clear safety hazard and concern.

Other sources to consider include distraction (using smartphones) or impairment related to use of earbuds/listening to loud music, use of alcohol and mind-altering drugs, lack of training to operate a given device, and poor road conditions (puddles of water, icy roads and potholes). In addition, another major issue is that most cities do not have designated lanes for e-scooters and micro-mobility devices which tend to improve safety and protect pedestrians on sidewalks or streets. Operators were required to cap the top speed of e-scooters at 10 mph in D.C. beginning in January 2019, and sidewalk riding is prohibited in certain areas downtown. Cities like Denver and San Antonio have banned e-scooters from the sidewalks altogether, and other administrators have contracted with e-scooter companies to keep them off the sidewalk or control their speeds.

But that could be a trade-off where safety is concerned. Study results suggest that moving scooters off the sidewalk could put riders at risk of more severe injuries, but as things stand they might be suffering these lesser injuries more often. The e-scooter riders who were hurt riding in motor vehicle travel lanes were more likely to sustain moderately severe injuries than those hurt riding on sidewalks, bike lanes or multi-use trails. Moving vehicles accounted for only 13 percent of the injuries to e-scooter riders, compared with 40 percent for bicycles.

WHAT CAN BE DONE

In conclusion, researchers found that:

A majority of those sustaining e-scooter injuries were white males ages 16 to 18;

Most injuries were reported in the spring and summer;

The most common injury was fracture, and the most injured body part was the head;

Of those patients who were asked about helmet use, only 32% reported wearing a helmet at the time of injury;

Among patients with head injuries, nearly 67% were not wearing a helmet at the time of injury; and

Nearly 15% of all cases mentioned motor vehicle involvement, and almost 10% of cases mentioned hitting obstacles such as uneven ground or potholes.

Researchers say their findings highlight the need for public safety measures, including creating bicycle and scooter lanes, ensuring even pavement in riding areas, promoting helmet use, and educating motor vehicle drivers on how to maintain safe distances from those on e-scooters. They also suggest there are steps parents and e-scooter riders can take to make the use of e-scooters safer. See: https://www.chop.edu/news/e-scooter-injuries-kids-and-teens-common-causes-and-how-stay-safe.

DISTRACTED DRIVING IS ON THE RISE

Mon, 04 Mar 2024 17:56:25 GMT

Americans become more distracted and less safe drivers

THE DANGER OF DISTRACTED DRIVING

According to the National Highway Transportation Safety Administration, NHTSA, distracted driving claims 3,522 lives in 2021. Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe driving. Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed.

NHTSA leads the fight nationally against distracted driving by educating Americans about its dangers and partnering with the states and local police to enforce laws against distracted driving that help keep us safe. NHTSA’s campaigns and public service announcements make the case to Americans that safe driving means driving without distractions.

During the pandemic, American drivers got even more distracted by their phones while driving. The amount of distracted driving hasn’t receded, even as life has mostly stabilized. Both phone motion and screen interaction while driving went up roughly 20 percent between 2020-2022. Drivers interacted with their phones on nearly 58% of trips in 2022, and more than a third of that phone motion distraction happened at over 50 mph.

Not surprisingly, fatalities on U.S. roads have increased along side the increase in distracted driving. In 2020, 38,824 people died on US roads . In 2021, that number rose to 42,915 people, and the highest number of pedestrians were killed in 40 years . In 2022, the overall deaths stayed high, around 42,795, among them 7,508 pedestrians . The United States is increasingly an outlier when it comes to traffic fatalities , with rates 50 percent higher than its peers. Data suggests that the high percentage of U.S. drivers engaging in risky behaviors—using their cell phone while driving—is one reason for the disparity between highway fatalities in the U.S. and abroad. The most distracted drivers are over 240 percent more likely to crash than the safest drivers. In addition, the rise of smartphone use roughly corresponds to the rise in pedestrian fatalities: About 4,600 people were killed while walking in 2007, the year the iPhone was introduced. By 2021, with 85 percent of Americans owning smartphones, the number rose to 7,485.

STATE LAWS

States legislature and governors make the laws regarding distracted driving. Many states now have laws against texting, talking on a cell phone, and other distractions while driving. Forty-four states have some sort of distracted driving laws on the books, and 27 states have bans on hand-held cellphone use.

The Hands Free Georgia Act was signed into law by Governor Nathan Deal on May 2, 2018 and went into effect on July 1, 2018. In relevant part it states: Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving. Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content and other internet data while on the road. (Voice to text is allowed) The fine for a first conviction is $50.00 and 1 point assessed against the driver’s license. The fine is $100.00 and 2 points for a second conviction and $150.00 and 3 points for three or more conviction. The fines for a 2nd or 3rd offense only apply when date of a 2nd or 3rd conviction takes place within 24 months of the date of the first conviction. First time offenders can have the charge dropped by showing the court they have obtained a device that allows them to talk on a phone with hands-free technology or devices.

For more information on the law and FAQ, visit http://www.headsupgeorgia.com/handsfree-law/ .

HOW TO CHANGE RISKY DRIVING

Laws alone will not change risky driving behavior; enforcement must play its role. In one state, driver behavior changed after it passed a “hands-free” law and found that it led to a 13 percent reduction in phone motion while driving in the first three months after a law took effect. But those changes tended to diminish over time, and there’s wide variation among the states both in terms of public awareness of the laws and traffic enforcement, which declined in some states during the pandemic . Without high public awareness or enforcement — which is difficult to do well because it relies on law enforcement officers witnessing the distracted driving and enforcing the laws equitably — getting good compliance can be difficult.

Other ways to encourage hands-free driving include the private sector: Financial incentives can help. Car insurance rates have skyrocketed in recent years, becoming a leading cause of inflation and contributing to the financial burdens associated with car ownership . The use of telematics-based apps by insurance companies offers drivers an opportunity to save money on their insurance rates. Research into the use of the apps suggests that drivers who regularly receive feedback on their driving habits tend to use their phones less while driving.

Another way to decrease risky driving behaviors is to emphasize to car owners that new safety features do not replace safe driving. Vehicles have gotten safer over the past decade, and unfortunately that makes some drivers think that safe driving is less important. Safe driving is still the best way to avoid accidents.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

STADIUM ACCIDENTS

Mon, 26 Feb 2024 16:32:05 GMT

What you should know

SOMETHING ELSE TAYLOR SWIFT AND TRAVIS KELCE HAVE IN COMMON

So the Super Bowl is over, and fans of the Kansas City Chiefs and Taylor Swift got a chance to see both in action. Neither Swift nor Kelce are strangers to stadiums and the mayhem that can occur among excited and sometimes intoxicated fans. Injuries at stadiums and sports facilities tend to fall into two categories: 1) standard premises liability injuries such as slip and falls or trip and falls, and 2) injuries that occur when a fan at a sports event is hit by a ball or a puck. Injuries are also common in the parking facilities at stadiums, where fans and concert-goers gather to tailgate before, during and after events.

Premises liability involves a showing of negligence on the part of the owner of the premises where the injury occurred. Take a not uncommon example of a slippery condition at a sports stadium -- a wet floor in a bathroom. Everyone who has ever been to a stadium has probably seen a soaking wet bathroom floor at least once. Wet bathroom floors can be slippery and hazardous, and fans have fallen in stadium bathrooms. But not all slippery conditions in stadium bathrooms involve negligence. The stadium owner would have to have notice of the hazardous condition—or at least be able to reasonably foresee the slippery floor—and have an opportunity to fix it.

Notice, foreseeability and the opportunity to correct the hazardous condition are all factors in determining liability. Stadium and venue owners have a legal duty to keep their properties safe from foreseeable dangers. Entertainment and sporting events come with unique challenges because of the large number of spectators involved. Managers should take regular care to inspect their property for hazards that can harm the public, such as:

Poor lighting
Broken seats or stairs
Leaking pipes or flooded floors
Missing handrails or safety banisters

Another not uncommon occurrence at a baseball or hockey stadium is a fan getting hit by a ball or puck, and some of these injuries can be severe. However, fans typically are said to assume the risk of these kinds of injuries, and event tickets often include disclaimers and/or waivers of liability. While every state's law is different, these disclaimers are valid, with exceptions .

The stadium owner still has an obligation to act reasonably to minimize the risk of injury to spectators. For example, maintaining an adequate net behind home plate is one way to minimize the risk of injury.

OTHER TYPES OF PREMISES LIABILITY

Premises liability can also include maintaining enough security that fans—excited and sometimes intoxicated—don’t cause harm to each other. Inadequate security can mean some fans become victims of assault from other fans. Fan-on-fan violence is an unfortunate reality in just about every sport, and it's a distinct possibility in any highly attended sports venue.

Premises liability issues can include things such as a railing collapse that led to a lawsuit in 2022. In this particular instance, four fans at Washington Commanders' football stadium said the railing gave way as they were leaning over it, which if they can make their case, would lead to compensation from the stadium for injuries they sustained. Security can also mean proper crowd control and emergency exit access. Stadium, arena, and concert venue owners have the responsibility to inspect their premises for foreseeable dangers. That also includes crimes on or around the property, such as the parking lot.

A negligent security lawsuit can get you the compensation you need to move forward with your life after an injury. A negligent security settlement could cover:

Your past and future medical expenses
Income or wages you’ve lost as a result of being unable to work
Long-term supportive treatment or live-in care, if necessary
Pain, suffering, and emotional distress resulting from the incident
Disability or loss of enjoyment of life
The cost of mental health treatments

If you or a loved one has been injured at a sporting event or concert, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

NEW LAW IN THE NEW YEAR

Sun, 11 Feb 2024 19:42:45 GMT

Legal Round-Up

PARENTAL RESPONSIBILITY FOR JUVENILE CRIMES

Society has long debated the appropriateness of holding parents accountable for the crimes committed by their children. Moral and ethical culpability has usually been considered separate from legal guilt, for many reasons. But in this age of easy access to firearms, and with the tragedy of gun violence ever-present, prosecutors have looked beyond traditional precedents in order to stem the tide of mass shootings in this country. So it was that Michigan jurors, after 11 hours of deliberations, found Jennifer Crumbley guilty of involuntary manslaughter on Tuesday for the gun rampage committed by her teenage son, who carried out the state’s deadliest school shooting more than two years ago.

The trial against Crumbley , 45, was notable: It was the first time a parent in the U.S. was held criminally responsible for a child's school shooting. Ethan Crumbley, Jennifer’s son, was 15 when he killed four students and injured several others at Oxford High School. He was sentenced in December to life in prison without parole.

Instead of charges related to the ownership and storage of the firearm—a more traditional route to holding parents of juveniles guilty of firearm offenses accountable—prosecutors in Michigan sought accountability for the actual crime. In the last few months, parents whose children carried out gun violence in other states have pleaded guilty to charges of reckless conduct or neglect , part of a push by some prosecutors to hold parents accountable when they are suspected of enabling deadly violence by their children. But in the Michigan case, the parents (Mr. Crumbley’s trial is set for next month) were charged with involuntary manslaughter due to the egregious facts in the case, namely that the parents were aware of their child’s disturbing thoughts, but they nonetheless bought him a pistol, took him to a firing range, and gave him access to the firearm at home. Prosecutors maintained that “Ms. Crumbley was guilty of “failing to exercise ordinary care when the smallest tragically simple thing could have prevented” a disaster.

Michigan’s safe storage law goes into effect February 13, 2024. The new secure storage law, Public Act 17 of 2023, requires individuals to keep unattended weapons unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is likely to be present on the premises. If an individual fails to store a firearm as required and a minor obtains the firearm and any of the following occur, they are guilty of a crime under Public Act 16 of 2023, as follows…if the minor discharges the firearm and inflicts death on themselves or another individual: a felony punishable by imprisonment for up to 15 years or a fine of up to $10,000, or both.

Although the Crumbley verdict involved specific facts that spoke to the mother’s extreme neglect regarding her son’s mental health, the precedent the decision sets could have a huge effect on future cases. Defendants might plead guilty so as not to risk a similar verdict, leaving parents open to sentences of multiple years in prison.

TRUMP v. ANDERSON and the SUPREME COURT

On Dec. 19, the Colorado Supreme Court ruled on appeal that former President Donald Trump is disqualified from being President under Section 3 of the 14th Amendment. Maine's top election official - Democratic Secretary of State Shenna Bellows - then ruled on 28 December that Mr Trump could not run for president in the state, also citing the 14th Amendment. Both states barred Trump from appearing on their primary ballot. Soon afterwards, the Colorado Republican Party and Donald Trump himself appealed the state's decision, and oral arguments on the case were heard before SCOTUS on February 8, 2024.

Jonathan Mitchell, Trump’s counsel, argued that Section 3 is not self-executing, but instead requires federal legislation from Congress before it can be enforced—a view Mitchell tied to Justice Salmon Chase’s 1869 circuit court decision in the matter of Griffin’s Case , though he conceded it was not binding precedent. While Congress had enacted such legislation in 1870, it has since been rescinded, leaving Section 3 otherwise unenforceable without congressional action. Secondarily, Mitchell also argued that Section 3 itself only addresses the eligibility to hold office, not run for it, and that Colorado could thus not use it to disqualify Trump from the ballot because, among other reasons, Congress could choose to rescind Trump’s ineligibility (or, in the words of Section 3, “remove the disability”) prior to his assuming office.

Jason Murray, counsel for Colorado voters, argued that Section 3 deliberately used broad language to keep insurrectionists out of much of government, including the presidency, without requiring specific enforcement legislation. And by enforcing this disqualification and removing Trump from the ballot, the state of Colorado was simply exercising its constitutional prerogative not to waste its electoral votes on a candidate unable to hold office, just as states have done with other constitutional disqualifications in the past.

Shannon Stevenson, Solicitor General for the state of Colorado argued next. She used her opening remarks to underscore Colorado’s position that it has the constitutional authority to choose to keep disqualified candidates off its ballots, including those disqualified under Section 3 who might later have their disability removed by Congress, and that the process Colorado used to do so in this case was well established and consistent with the Due Process Clause.

Chief Justice John Roberts voiced several key concerns. Roberts took a step further back to consider structural constitutional issues—and the, in his view, potentially harmful implications of siding with Colorado. Roberts noted that the fundamental purpose of the Fourteenth Amendment was to restrict state power and expand federal power. Would it not turn the amendment on its head, he posited, for the amendment to enable a state to remove a candidate from the federal election? Roberts also predicted that, if the Court were to affirm, certain states would begin disqualifying Democratic candidates, too, and “[I]t'll come down to just a handful of states that are going to decide the presidential election.” Roberts thought the breadth of the term “insurrection” made such a scenario likely, and he appeared not to relish the prospect of the Supreme Court having to officiate these disputes.

Justice Samuel Alito appeared similarly concerned—perhaps more than any other justice—with what he views as the dangerous consequences that could flow from allowing Colorado to bar Trump from the state’s ballot. Two possibilities in particular seemed to irk him: first, that Colorado’s actions may effectively settle the case for the whole country; and second, that different states, relying on different judicial procedures and standards, could alternately generate a precarious lack of uniformity across the country. On Griffin’s Case, Justice Alito appeared unconvinced by Murray’s argument that the reason there have been so few Section 3 disqualifications is that there have been no events like the riot at the Capitol on Jan. 6, 2021. Alito noted that there were no impeachments of presidents from Andrew Johnson’s to Bill Clinton’s, but that there have been three since then.

Justice Sotomayor appeared the most sympathetic to the Colorado voters’ arguments—and perhaps the only justice with any sympathy for them. She appeared skeptical of Mitchell’s interpretation of the non-self-executing nature of Section 3. Justice Sotomayor questioned the validity of Griffin’s Case as a precedent for the Supreme Court; she noted the history of states disqualifying individuals from state elections; and she labeled as a “gerrymandered” argument Mitchell’s suggestion that the president is not an officer of the United States. With respect to Griffin’s Case, Justice Sotomayor noted that in addition to it not being a decision of the Court, Justice Chase reversed his view on the matter a few years later in the Davis case, where he “assumed that Jefferson Davis would be ineligible to hold any office, particularly the presidency.”

THE QUESTION OF PRESIDENTIAL IMMUNITY

In another legal challenge involving the former President, a federal appeals panel ruled on February 6, 2024, that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election , sharply rejecting the former president’s claims that he is immune from prosecution . The panel of three judges, two of whom were appointed by President Joe Biden, also questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Trump’s appeal could be dispensed with on more procedural grounds.

During lengthy arguments, the judges repeatedly pressed Trump’s lawyer to defend claims that Trump was shielded from criminal charges for acts that he says fell within his official duties as president. That argument was rejected last month by the lower-court judge overseeing the case against Trump, and the appeals judges suggested through their questions that they, too, were dubious that the Founding Fathers envisioned absolute immunity for presidents after they leave office.

The Supreme Court said last month it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results. Special Counsel Jack Smith, in urging SCOTUS to take up the immunity issue, stated: “This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” prosecutors wrote.

ARE EVs SAFER?

Mon, 05 Feb 2024 17:03:25 GMT

EVs: Not Just Environmentally Friendly

ARE EV’s SAFER THAN ICEs?

In our last blog, we discussed various new safety features on vehicles. Many of these new features fall under the broad category of Driver Assistance Systems, and many have only been on the market and available in a wide variety of vehicle models in the past 5 years. Based on crash studies and safety statistics, we reported that new vehicles tend to be safer vehicles, due to improvements in design and the fact that newer vehicles usually have more safety features.

It follows, then, that Electric Vehicles, or EVs, have a better safety record than their gasoline-powered competitors and for much the same reasons: vehicle age, EV-only safety features, and weight distribution advantages. EV’s are often thought of in terms of other distinct advantages—money saved in fueling and maintenance costs, and a reduction in environmental impact and carbon footprint. But one major benefit that should not be ignored is that EVs may also be safer than traditional gas-powered cars, or internal combustion engine (ICE) vehicles.

As noted above, one big reason for EV’s superior track record on safety is simply that they are relatively new vehicles. Thanks to engineering advances and crash analysis, newer automobiles tend to be built better . They also contain far more safety features to protect passengers, such as blind-spot detection and driver-assistance features, than older ICE vehicles. In 2022, out of 32 new vehicles rated, the National Highway Traffic Safety Administration (NHTSA) gave five-star ratings to 13 EVs and hybrids. Specifically, the probability of getting injured in crashes involving EVs is lower for passengers than in ICEs, according to an Insurance Institute for Highway Safety (IIHS) study. The IIHS compared claims data from the electric and ICE versions of nine 2011 to 2019 autos. They found that injury claim rates for drivers and passengers of EVs were over 40% less than those for comparable ICE models.

FIRE RISKS

In addition to being newer, EVs have another built-in advantage over ICEs: they do not have gas tanks. While any vehicle can catch fire, the risk for EVs is far lower. Gas is volatile and flammable and a damaged gas tank can turn a simple collision into a deadly accident. A study showed 1,530 ICE-powered cars were involved in fires per 100,000 sold, whereas EVs had 25 fires per 100,000 sold.

So what about the fire hazards associated with batteries that have been in the news lately? To address potential risks for fire, spillage, and other issues involving the high-voltage battery in EVs, the cars have built-in safety features that shut down electrical systems when the vehicle detects a crash (via the airbags or crash sensors). Additionally, the cars are engineered to ensure that the battery remains anchored to the EV and have enhanced frameworks so the battery cannot intrude into the passenger area in a crash.

SPECIFIC EV SAFETY FEATURES

Stability: EVs have low centers of gravity with the motor and battery located at the bottom of the car. This enhances the traction of EVs, which also improves their stability and safety and reduces the risk of a rollover.

Better brakes: EVs tend to weigh more, so they typically have more powerful, larger brakes to ensure they can safely come to a complete stop or slow down, as needed. Furthermore, some EVs are using new regenerative braking systems that also help lower the car’s center of mass, thereby lowering its center of gravity. This has the additional benefit of recharging the battery while slowing the car down.

WHAT BENEFITS EV OCCUPANTS MAY HARM THOSE SHARING THE ROAD

EVs tend to weigh more than their ICE counterparts, and the added stability that this extra weight produces makes EVs safer overall. The caveat: all that extra vehicle weight might be detrimental for the safety of other people on the road, specifically occupants of lighter vehicles as well as pedestrians and bicyclists. As the IIHS has noted, there is a big difference between the first all-electric vehicle they tested — a 3,339-pound 2011 Nissan Leaf — and the current generation of EVs, many of which exceed 6,000 pounds. These are large SUVs and pickups, packed with power that requires a massive battery.

So the increased protection of bigger EVs comes at the expense of people in other vehicles. The extra weight may also present a threat to pedestrians and bicyclists, though the danger for them is not as straightforward. The weight differential between a person and any type of passenger vehicle is already so enormous that the additional weight from an EV battery would make little difference in most cases. (Large vehicles do represent a bigger threat to pedestrians and bicyclists, but that is due mostly to their height and shape, which affect both visibility and whether a person is knocked to the ground when struck.) However, it’s not clear that all EVs have braking performance that matches their additional mass. If the extra weight leads to longer stopping distances, that will likely lead to an increase in pedestrian and cyclist deaths, which already have been on the rise in recent years.

BIGGER IS NOT NECESSARILY BETTER

As a society, we should consider how much mass individuals should be driving around in for the daily commute and excursions around town. There are EVs with more reasonable weights. In addition, the heaviest of the new EVs are heavier because they are bigger, but also because larger batteries afford them longer range and higher horsepower. The ability to travel 400 miles on a charge is convenient but unnecessary for most commutes. As charging speed and infrastructure improves, it will arguably be less important for road trips too. As for horsepower, is the kind of rapid acceleration the new models boast really important or even a good idea? Vehicles with extreme levels of power simply encourage more speeding , which leads to more fatal crashes.

THE TAKEAWAYS

Expected improvements in battery technology will help by allowing smaller batteries to store more energy and an expanding network of fast public chargers will take away some of the need for long ranges. In the meantime, we need to double down on existing solutions. Manufacturers should equip all new vehicles with high-performing crash avoidance systems that recognize and brake for pedestrians and bicyclists, in addition to other vehicles, and good headlights that allow drivers to react quickly at night. States and local governments should consider lowering speed limits, factoring in the increased danger from weight disparities, and backing them up with increased enforcement.

CONTACT YOUR ATTORNEY

If you or a loved one is involved in an accident with an EV, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

DOES NEWER MEAN SAFER?

Mon, 29 Jan 2024 18:46:29 GMT

New Vehicle Safety Features Save Lives

DOES NEWER MEAN SAFER?

The debate over whether more advanced safety features actually mean safer cars (and not just cooler ones) has largely been put to rest. Advanced Driver Assistance Systems, or ADAS, save lives. The National Highway Traffic Safety Administration has been involved in vehicle safety improvements for decades. NHTSA, which will celebrate its 55th year in 2025, sets and enforces safety standards, and develops innovative approaches to vehicle safety, such as the New Car Assessment Program. (NCAP was expanded in 1993 to include the 5-Star Safety Ratings system , and marked 40 years in 2019.) Here’s a look at some overall vehicle safety improvements that have made cars safer over the decades:

Electronic stability control

Electronic stability control systems, required in all new cars since September 1, 2011, use automatic computer-controlled braking of wheels to assist you in maintaining control if you begin to lose control of your vehicle.

Backup camera

A rearview video system, also known as a backup camera, aims to help prevent backover crashes by showing objects that are directly behind your vehicle, and if an object may be coming into your vehicle’s path. Originally, the issue with backover crashes was thought to be the inability to see directly behind you, but further investigation showed a high number of incidents happened because a person was coming into the vehicle’s path from a side.

Blind spot detection

In response to crashes where drivers did not see what was next to them because of a blind spot, blind spot detection was developed. It uses either digital cameras or sensors to monitor if a vehicle is in an adjacent lane. The system, which is offered as standard or optional equipment on many new cars, sends a warning to the driver that it may be unsafe to merge or change lanes.

Driver assistance

The term “Driver Assistance” can cover a range of safety features, such as: forward collision warning, automatic emergency braking, lane depa rture warning, and adaptive cruise control.

Overall, the NHTSA estimates that vehicle safety developments helped raise the annual number of lives saved from 115 in 1960 to 27,621 in 2012. Cumulatively, these improved safety technologies saved over 600,000 lives between 1960 and 2012.

The Insurance Institute for Highway Safety, IIHS, funded by the insurance industry, conducts crash tests that help measure a vehicle's ability to protect its occupants in a collision. One of those tests, the side-impact test, was recently updated to apply 81 percent more crash energy. For 2023, the IIHS overhauled the criteria for its Top Safety Pick+ award, the highest honor the organization can bestow on a vehicle. In addition to the side-impact test, a car must also score a Good or Acceptable rating for its headlights, and achieve an Advanced or Superior rating in the daytime vehicle-to-pedestrian prevention test and the new nighttime vehicle-to-pedestrian test.

U.S. News and World Report considers crash test data from both the NHTSA and the IIHS when it assigns safety scores to vehicles. In general, auto manufacturers have really stepped it up in the past few years when it comes to safety. Even base trims of affordable cars can be found with long lists of advanced, high-tech features, which not too long ago would have cost thousands of dollars extra, or even been available only with luxury models. Features like traffic sign recognition, automatic emergency braking and rain-sensing windshield wipers help reduce crashes and minimize driver fatigue.

HIGH-TECH CARS: THE SMART CAR

Safety features today go way beyond back-up cameras. Although we are not yet at fully automated cars, the research and innovation developed in the quest for AVs have led to some extraordinary safety features:

Automatic Emergency Braking Systems (AEBS) . Going a step beyond simpler and possibly distracting collision warning systems, AEBS puts the brakes on rear-end collisions. Sensors continually monitor the distance of vehicles in front of the car. If the system detects that a collision is imminent, it intervenes, assisting with braking if the driver is braking (but not hard enough) or automatically applying the vehicle's brakes if the driver doesn't respond. The National Highway Transportation Safety Administration (NHTSA) reports that up to a third of police-reported crashes involve a rear-end collision.

Lane Keeping Assist . Some of the leading reasons for lane-drift crashes are driver distraction, illness, and drivers who have drifted off themselves — and are sleeping at the wheel. Lane Keeping Assist raises the bar above Lane Departure Warning systems, which provide audible warnings and are often manually disabled by drivers, by taking corrective action to keep the vehicle centered in the lane.
Drowsiness Detection System . Building on the technology that powers Lane Departure Warning, Drowsiness Detection Systems monitor how often you drift from your lane, watching for changes in driving patterns that can indicate fatigue or microsleep, the type of sleeping that happens when you doze off momentarily. Microsleep in your recliner at home is safe. When driving, those seconds spent in slumber-land can be dangerous or even deadly. More advanced systems use sens ors that watch the driver's face and glance patterns for signs of drowsiness.
Pedestrian Automatic Emergency Braking. Warning systems that detect pedestrians (or bicycles) are becoming more prevalent but face the same challenge as many onboard warning systems. Audible warnings can be a distraction as you try to figure out what's making that beeping sound — and why. More advanced systems use cameras or radar to detect pedestrians in your path and then automatically apply the brakes if you don't respond quickly enough.
Traffic Sign Recognition. We've all had some moments of apprehension because we didn't notice a stop sign or a street sign indicating a speed limit change. Fortunately, the new wave of high-tech cars remains ever attentive, and a growing number of vehicles can read the street signs that we might miss and then relay that information on the dash or head-up display.
Vehicle-to-Vehicle Communication for High Tech Cars . The NHTSA is studying Vehicle-to-Vehicle (V2V) communication, specifically as it relates to two safety systems for cars: Left Turn Assist (LTA), which warns of oncoming traffic when turning left, and Intersection Movement Assist (IMA), which warns if it's unsafe to enter an intersection. The NHTSA estimates that these safety systems, powered by cars that communicate with other cars on the road, could save over 1,000 lives per year.

For a detailed analysis of vehicle crashes and fatalities prevented by Advanced Driver Assistance Systems, see:

https://injuryfacts.nsc.org/motor-vehicle/occupant-protection/advanced-driver-assistance-systems/data-details/

Unfortunately, even vehicles equipped with all the latest safety features still get into accidents. In addition, most cars on the road today do not have all the high-tech assistance devices discussed above, due to being older or less expensive models. If you are involved in an accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

WILL THE CHEVRON DOCTRINE SURVIVE?

Mon, 22 Jan 2024 18:53:26 GMT

U.S. Supreme Court Hears Oral Arguments

SUPREME COURT HEARS ARGUMENTS ON ADMINISTRATIVE POWER

It has been nearly 40 years since the Supreme Court held in Chevron v. Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. After more than three-and-a-half hours of oral argument on Wednesday, January 17, 2024, it seemed unlikely that the rule outlined in that case, known as the Chevron doctrine, will survive in its current form.

The Chevron Doctrine rests on the premise that agencies, specifically long-standing employees and experts in those agencies, can make determinations regarding complicated regulations better than the Courts. In the 40 years of jurisprudence since the Chevron decision, courts have routinely deferred to agency expertise when a statute is unclear, with little controversy surrounding these decisions. But in recent years, conservatives – including some Justices on the Supreme Court – have called for the doctrine to be overruled, stating that the deference given to agencies’ interpretations has allowed agencies to acquire too much power.

The plea to overturn the Chevron doctrine came to the court in two cases challenging a rule, issued by the National Marine Fisheries Service, that requires the herring industry to bear the costs of observers on fishing boats. Applying Chevron, both the U.S. Court of Appeals for the District of Columbia Circuit and the U.S. Court of Appeals for the 1st Circuit upheld the rule, finding it to be a reasonable interpretation of federal law.

THE ARGUMENTS

The fishing companies came to the Supreme Court, asking the justices to weigh in on the rule itself but also to overrule Chevron. Roman Martinez, representing one group of fishing vessels, told the justices that the Chevron doctrine undermines the duty of courts to say what the law is and violates the federal law governing administrative agencies, which similarly requires courts to undertake a fresh review of legal questions. Under the Chevron doctrine, he observed, even if all nine Supreme Court justices agree that the fishing vessels’ interpretation of federal fishing law is better than the NMFS’s interpretation, they would still be required to defer to the agency’s interpretation as long as it was reasonable. Such a result, Martinez concluded, is “not consistent with the rule of law.”

Arguing on behalf of the Biden Administration, U.S. Solicitor General Elizabeth Prelogar urged the justices to leave the Chevron doctrine in place, telling them that it has “deep roots in this Court’s jurisprudence.” Under the doctrine of stare decisis – the idea that courts should generally adhere to their prior cases – the court would need a “truly extraordinary justification” to overrule it, which the challengers do not have, she asserted.

IDEOLOGY v. LAW

At the heart of the dispute over the Chevron Doctrine is a conservative versus liberal disagreement about the nature and size of the Administrative State. Chevron’s opponents, including business groups hostile to what they see as overregulation, counter that it is the role of courts, not executive branch officials, to determine the meanings of statutes. They also say that agencies’ interpretations can change with new administrations and put a thumb on the scale in favor of the government even when it is a party to the case.

The court’s three liberal members, by contrast, said agencies were often in a better position than courts to interpret ambiguous statutes in their areas of expertise. Justice Ketanji Brown Jackson said Congress had given some policy choices to the agencies. “And my concern,” she said, “is that if we take away something like Chevron, the court will then suddenly become a policymaker.”

A POSSIBLE COMPROMISE

In this case, Prelogar told the justices, the court could “clarify and articulate the limits of Chevron deference without taking the drastic step of upending decades of settled precedent.” For example, she explained, the justices could “reemphasize” that, in determining whether the statute is clear, courts should use all of the interpretative tools at their disposal and not “give up just because the statute is dense or hard to parse.” And if the statute is still determined to be ambiguous, she said, the question of whether it is reasonable should be “obviously deferential” but “not just anything goes.”

It is, in fact, the issue of “reasonableness” that seems to be the best avenue of reform. Merely finding that something is reasonable might be too low a bar; raising the standard to be one requiring the “best interpretation” or the “most agreed upon interpretation” or—using this Court’s favorite words—the “interpretation best fitting the history and context of the statute” might be a better approach.

Another potential substitute for “reasonableness” is “persuasiveness.” The justices weighed whether to replace Chevron with another, more narrow test known as Skidmore, under which a judge would decide to defer to an agency only if the agency’s argument is persuasive. As part of that analysis, judges examine consistency or whether an agency has flip-flopped.

Decisions in the cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, are expected by the end of June.

If you are involved in an accident, contact Dave Thomas at The Thomas Law Firm . Dave is an experienced personal injury attorney who will evaluate your legal claim for free.

SEVERE WEATHER IMPACTS U.S.

Sat, 13 Jan 2024 17:42:41 GMT

The Dangers of Driving in a Winter Storm

SEVERE WEATHER TO HIT MOST OF COUNTRY

The massive storm slamming the eastern half of the US is only one piece in a very active weather pattern. Multiple weather hazards impacted the country Friday morning, so the National Weather Service has issued some kind of weather alert for every state. Everything from blizzard warnings to tornado warnings were in effect early Friday as the massive storm worked its way across the eastern half of the US. Wind alerts stretch nearly 2,000 miles from Texas to New England, while flood alerts span from the mid-Atlantic to Northeast. Another robust storm in the Northwest is bringing snow and wind and temperature alerts dot several states as brutally cold air starts to seep south out of Canada.

Severe thunderstorms have already produced hail and gusty winds across parts of the South on Friday as the line continues marching east across the region. On the storm system’s northern end, heavy snow and gusty winds will lead to problems along the Interstate 80 corridor in the Midwest , while severe storms will be centered along the Gulf Coast and I-95 in the Southeast . The first round of severe storms could form Thursday along the Gulf Coast with the greatest potential on Friday for damaging winds and tornadoes.

DRIVING IN SEVERE WEATHER

The National Highway Transportation and Safety Administration (NHTSA) cautions that it’s harder to control or stop your vehicle on a slick road. Increase your following distance so you’ll have plenty of time to stop for vehicles ahead of you. Also remember that every vehicle handles differently; this is particularly true when driving on wet roads. It’s harder to control or stop your vehicle on a slick road.

PEDESTRIAN SAFETY IN SEVERE WEATHER

Look out for pedestrians everywhere, at all times.
Use extra caution when driving in hard-to-see conditions, such as nighttime or bad weather.
Slow down and be prepared to stop when turning or otherwise entering a crosswalk.
Yield to pedestrians in crosswalks and stop well back from the crosswalk to give other vehicles an opportunity to see the crossing pedestrians so they can stop too.
Never pass vehicles stopped at a crosswalk. There may be people crossing where you can’t see.
Never drive under the influence of alcohol and/or drugs.
Follow the speed limit, especially around people on the street, in school zones and in neighborhoods where children are present.
Be extra cautious when backing up and look for pedestrians.

Mother Nature has packed quite a punch into only 13 days of 2024. The country is experiencing its second major winter storm system, and if this one is anything like the previous storm, it will cause widespread chaos. It is important to be aware and prepared, following the safety tips above and even postponing travel if possible.

If travel is a necessity, and if you are involved in an accident with another vehicle or a pedestrian, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Mr. Thomas is an experienced accident attorney, specializing in personal injury lawsuits. Mr. Thomas will aggressively pursue your right to recover damages such as medical costs, lost wages, and reimbursement for pain and suffering.

BAD INFRASTRUCTURE LEADS TO BAD ACCIDENTS

Mon, 08 Jan 2024 17:33:13 GMT

The State of the Union: America's Infrastructure

THE CURRENT STATE OF U.S. INFRASTRUCTURE

The analyst group McKinsey & Company estimated that our roadways would require a total of 11.4 billion in spending between 2016 and 2030 to bring roads up to date and keep pace with projected demand. In its 2021 report card , the American Society of Civil Engineers (ASCE), an industry group, gave the nation’s infrastructure a “C-,” up from a “D+” in 2017—the highest grade in twenty years. Still, the group estimated that there is an “infrastructure investment gap” of nearly $2.6 trillion this decade that, if unaddressed, could cost the United States $10 trillion in lost gross domestic product (GDP) by 2039.

BAD INFRASTRUCTURE CAN CAUSE BAD ACCIDENTS

According to the ASCE, one out of every five miles of highway pavement is in poor condition. A study from the Pacific Institute for Research and Evaluation estimated that road conditions contribute to more than 22,000 traffic fatalities every year and factor into 38 percent of non-fatal injuries. Potholes, in particular, can cause serious accidents. It’s estimated that a deep pothole has the impact of a collision at 35 mph.

Nearly 56,000 bridges across the US are considered structurally deficient, according to an analysis of the US DoT’s 2016 National Bridge Inventory. Nearly 30 percent of the nation’s bridges are over 50 years old and have had no meaningful reconstruction projects. This month marks the two year anniversary of the bridge collapse in Pittsburgh, PA, which due to a snow-delay in the local school systems, miraculously did not result in any fatalities. See: https://www.cnn.com/2022/01/28/us/pittsburgh-bridge-collapse/index.html .

AGING INFRASTRUCTURE CAUSES SINKHOLES

A slew of sinkholes surfaced in metro Atlanta in 2022, disrupting the flow of traffic. Making repairs to aging infrastructure is a massive undertaking but the only way to avoid the issue of sinkholes. Old and failing pipes underground are often to blame for sinkholes forming on our local roads. Some infrastructure in the Emory area that was from the 1910′s with wooden water lines was replaced only 2 years ago. A storm drain out in DeKalb County that was from the Civil War era and made out of slate had been sitting there for 150 years; it was replaced just last year.

REDUCING PEDESTRIAN AND CYCLIST FATALITIES

Practical infrastructure improvements can contribute to pedestrian and biker safety. Adding or improving sidewalks and bike lanes can make it safer to walk or ride. Other strategies to improve safety often revolve around reducing vehicle speed, improving visibility or providing more information to help in decision making. The speed of a car is a key risk factor for fatalities. According to the Federal Highway Administration, pedestrians hit by cars going 50 miles per hour have a 75% chance of being killed; that likelihood decreases to 25% for cars going 32 miles per hour. Infrastructure improvements such as curb extensions or protected bike lanes can reduce the probability of full-speed vehicle collisions with pedestrians or bikers.

The Centers for Disease Control and Prevention and the Department of Transportation promote these types of infrastructure improvements through the Complete Streets planning principles. These guidelines encourage cities and towns to improve traffic safety by designing and maintaining transportation systems with the needs of pedestrians and cyclists in mind alongside driver and transit rider needs.

CONTACT YOUR ATTORNEY

If you have been involved in an accident due to aging or poorly maintained infrastructure, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

DISTRACTED DRIVING

Wed, 03 Jan 2024 15:12:14 GMT

The Dangers of Distracted Driving

DISTRACTED DRIVING IS DEADLY

Distracted driving is dangerous, claiming 3,522 lives in 2021. Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe driving.

Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed. The states determine laws affecting distracted driving, but NHTSA provides federal investments in the locally driven strategies that address the states’ specific needs. One of the highlights of this relationship comes during April’s Distracted Driving Awareness Month, which pairs a national advertising campaign with a law enforcement crackdown called U Drive. U Text. U Pay.

WHAT IS DISTRACTED DRIVING?

Distracted driving is anything that takes the driver’s focus away from the road. There are three types of things that distract a person while driving. Visual distractions include using a phone or looking at signs and other things that may be seen along the road. Manual distractions involve anything that requires a driver to take their hand off the wheel, such as picking up something in the console, eating or drinking a non-alcoholic beverage. Cognitive distractions involve anything that takes the driver’s mental focus off the road such as daydreaming or thinking about a personal or work problem or issue. The use of phones behind the wheel remains the predominant form of distraction in Georgia and is responsible for a majority of traffic crashes in the state and nation.

DISTRACTED DRIVING LAWS IN GEORGIA

The rising number of traffic de aths is one reason why the state of Georgia enacted a “Hands-free” law in July of 2018. The Hands-Free Georgia Act was signed by Governor Nathan Deal on May 2, 2018, and took effect on July 1, 2018. For more information on the law and FAQ, visit http://www.headsupgeorgia.com/handsfree-law/ .

Georgia’s hands-free law prohibits drivers from using a phone in their hand or supported by their body when on the road, and this includes vehicles that are stopped on a road at a traffic signal or stop sign. Drivers using a hands-free device can talk on their phone and watch the screen for navigational purposes. For more information on distracted driving, please go to headsupgeorgia.com .

PENALTIES FOR DISTRACTED DRIVING

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of license habitually negligent or dangerous driver and point system as follows:

(xv) First violation of Code Section 40-6-241 (Hands-Free Georgia Act) 1 point

(xvi) Second violation of Code Section 40-6-241 (Hands-Free Georgia Act) 2 points

(xvii) Third violation of Code Section 40-6-241 (Hands-Free Georgia Act) 3 points

The biggest penalty of distracted driving is the accident that you will inevitably have if the behavior is habitual. Talking, texting, or selecting music or podcasts while driving takes attention away from the road, resulting too often in missed traffic signs/lights; it can also tragically result in not seeing bicyclists or pedestrians until it is too late.

If you or s omeone you know has been in an accident involving distracted driving, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

LEGAL ROUNDUP

Wed, 03 Jan 2024 14:51:58 GMT

The Legal Year That Was

I t’s that time of year again. No, not the time of year where we say goodbye to the year that has passed with all of its big events, good and bad, and we welcome the beginning of a New Year with all of its possibilities…well, ok, it IS that time of year again. But for our purposes, “this time of year” refers to a roundup of all the important—maybe even landmark—cases of 2023. Below is a summary of some of the cases that made headlines and headaches:

SFFA v. Harvard College, et al . : The Supreme Court rejected affirmative action at colleges and universities around the nation , declaring that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful. The court rolled back a policy that had long been a pillar of higher education. The vote was 6 to 3, with the court’s liberal members in dissent.

“The Harvard and U.N.C. admissions programs cannot be reconciled with the guarantees of the equal protection clause,” Chief Justice John G. Roberts Jr. wrote for the majority. “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping and lack meaningful end points.” Justice Sonia Sotomayor summarized her dissent from the bench, a rare move that signals profound disagreement, and said that affirmative action was crucial to countering persistent and systematic racial discrimination.

“The court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society,” she said in her written dissent.

Biden v. Nebraska (Student Loan Forgiveness): The Supreme Court ruled that the Biden administration had overstepped its authority with its plan to wipe out more than $400 billion in student debt, dashing the hopes of tens of millions of borrowers and imposing new restrictions on presidential power. Chief Justice John G. Roberts Jr., writing for the majority, said a 2003 law, which allows the secretary of education to “waive or modify” relevant statutes and regulations in emergencies, had not authorized the administration to cancel the debt:

“The secretary’s plan has ‘modified’ the cited provisions,” the chief justice wrote, quoting an earlier opinion, “only in the same sense that ‘the French Revolution “modified” the status of the French nobility’ — it has abolished them and supplanted them with a new regime entirely.”

Justice Elena Kagan summarized her dissent from the bench, a rare move and a sign of deep disagreement. In siding with six Republican-led states that sued to block the program, she said, the majority opinion was opportunistic, unprincipled and infected by politics.

303 Creative LLC v. Elenis: The Supreme Court sided with a web designer in Colorado who said she had a First Amendment right to refuse to design wedding websites for same-sex couples despite a state law that forbids discrimination against gay people. Justice Neil M. Gorsuch, writing for the majority in a 6-3 vote, said that the First Amendment protected the designer, Lorie Smith , from being compelled to express views she opposed. The justices split along ideological lines, and the two sides appeared to talk past each other. The majority saw the decision as a victory that safeguarded the First Amendment right of artists to express themselves. The liberal justices viewed it as something else entirely — a dispute that threatened societal protections for gay rights and rolled back some recent progress.

In an impassioned dissent, Justice Sonia Sotomayor warned that the outcome signaled a return to a time when people of color and other minority groups faced open discrimination. It was the second time this week that the justice summarized her dissent from the bench, a rare move that signals deep disagreement. Appearing dismayed, Justice Sotomayor spoke for more than 20 minutes.

A Colorado law forbids discrimination against gay people by businesses open to the public as well as statements announcing such discrimination. Ms. Smith, who has said that her Christian faith requires her to turn away same-sex couples seeking website design services, has not yet begun her wedding business, nor has she posted a proposed statement on her current website about her policy and beliefs for fear, she has said, of running afoul of the law.

Justice Gorsuch wrote the opinion for the majority, which concluded that states could not use public accommodation laws to deny speakers the right to choose the content of their messages. Otherwise, he wrote, “the better the artist, the finer the writer, the more unique his talent, the more easily his voice could be conscripted to disseminate the government’s preferred messages. That would not respect the First Amendment; more nearly, it would spell its demise.”

In her dissent, Justice Sotomayor described public accommodation laws as designed to ensure “equal dignity in the common market.” She cited a landmark 1964 Supreme Court case, Heart of Atlanta Motel Inc. v. United States, where the court found that hotels did not have the right to discriminate against Black guests.

Groff v. DeJoy : The case was brought by Gerald Groff , an evangelical Christian and former missionary who worked as a substitute mail carrier. After the U.S. Postal Service struck a deal with Amazon in 2013 to deliver packages on Sundays, Mr. Groff said he had to choose between his faith and his livelihood, opting to quit after being disciplined for missing work. Solicitor General Elizabeth B. Prelogar, representing the Postal Service, said Mr. Groff’s refusal to work on Sundays imposed a significant burden on a small post office, was in tension with an agreement with a labor union and was bad for other workers’ morale.

In the last few years, the Supreme Court has ruled that a high school football coach had a constitutional right to pray at the 50-yard line after his team’s games, that state programs financially supporting private schools in Maine and Montana must include religious ones, that a Catholic social services agency in Philadelphia could defy city rules and refuse to work with same-sex couples who apply to take in foster children and that the Trump administration could allow employers with religious objections to deny contraception coverage to female workers.

In this case, the Court decided what is an “undue hardship” for an employer under the Civil Rights Act of 1964’s Title VII. In a unanimous opinion , Justice Samuel Alito wrote that "Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business." The Court left the context-specific application of that clarified standard in this case to the lower courts to decide.

Gonzalez v. Google LLC and Twitter, Inc. v. Taamneh

In Gonzalez v. Google, the Court considered if the Communications Decency Act’s Section 230 allows lawsuits against internet services when algorithmic programs recommend a third party’s content to likely users, or if they can be sued only when engaging in traditional, manual editorial functions.

In Twitter v. Taamneh, the Court took on a similar question about the liability of widely available internet services such as Google’s YouTube service, Facebook, and Twitter under Section 2333 of the Anti-Terrorism Act, and if these services can be sued based on the level of activity undertaken by them to detect their use by foreign terrorists such as ISIS.

Writing for a unanimous court ruled in Twitter v. Taamneh, Justice Clarence Thomas said that “the plaintiffs’ allegations are insufficient to establish that these defendants aided and abetted ISIS in carrying out the relevant attack.” After the Twitter decision, the court remanded the Gonzalez v. Google case back to the Ninth Circuit for reconsideration.

The ramifications of the above decisions are playing out in lower courts and society at large. Stay tuned as the Supreme Court continues its 2023-2024 term.

If you or someone you know has been involved in an accident, contact Dave Thomas at The Thomas Law Firm , and get an experienced personal injury attorney to provide a free evaluation of your legal claims.

SANTA'S DUI

Thu, 21 Dec 2023 19:51:32 GMT

Even Santa can get too Merry

’Twas the Night Before Christmas at The Thomas Law Firm

“Twas the Night Before Christmas and all through the house, not a creature was stirring, not even a mouse. The stockings were hung by the chimney with care, in hopes that St. Nicholas soon would be there. The children were nestled all snug in their beds, while visions of sugar-plums danced in their heads. And mamma in her ‘kerchief, and I in my cap, had just settled down for a long winter’s nap.

When out on the lawn there arose such a clatter, I sprang from my bed to see what was the matter. Away to the window I flew like a flash, tore open the shutters and threw up the sash. The moon on the breast of the new-fallen snow gave the lustre of midday to objects below. When what to my wondering eyes should appear, but a miniature sleigh and eight tiny reindeer! With a little old driver, so lively and quick, I knew in a moment it must be St. Nick. More rapid than eagles his coursers they came, and he whistled and shouted and called them by name:

“Now Dasher, now Dancer, now Prancer and Vixen! On Comet, on Cupid, on Donner and Blitzen! To the top of the porch, to the top of the wall. Now dash away, dash away, dash away all!”

So up to the house-top the coursers they flew, with the sleigh full of toys and St. Nicholas too. And then, in a twinkling…I heard a loud smash , up above on the roof, and a horrible crash! It seems that St. Nick had drunk too much sherry, and proceeded to be a bit too merry. His sleigh now rested in a precarious place, and he sat on the roof, with a dazed, sad face.

As I rushed to his side to help him in, he shrugged his shoulders and said with a grin: “I should have let Rudolph’s nose guide the way, and made sure a designated-driver was assigned for the day.” I nodded and let the police lead him away, hoping St. Nicholas would be back some day.

F or my neighbors and children, I gathered the gifts; they had scattered all over the snow-covered drifts. I set about delivering some cheer, even if I had no sleigh or flying reindeer. The crash had a woken people far and wide, and even the Who s Down in Whoville knew not where to hide. So we all gathered around the Christmas tree lights, and shared what remained of the most Holy Night. Most important of all was the lesson learned that night:

NO DRINKING AND DRIVING, AND TO ALL A GOODNIGHT!

BANKRUPTCY AND ACCOUNTABILITY

Mon, 11 Dec 2023 14:35:28 GMT

A SWORD OR A SHIELD?

BANKRUPTCY: A SWORD OR A SHIELD?

At the Supreme Court on Monday, Dec. 4, 2023, the justices appeared conflicted over whether to allow a multi-billion-dollar bankruptcy plan for Purdue Pharma to move forward. The federal government is seeking to block the plan because it releases members of the Sackler family from civil liability for opioid-related claims, but the company’s creditors – which include state and local governments and victims of the opioid crisis – broadly support the plan as the only way to ensure that they will receive compensation and funding for opioid recovery projects.

Purdue Pharma – but not the Sacklers – filed for bankruptcy in 2019, and a bankruptcy court in New York put lawsuits against both the company and the Sackler family on hold shortly after that. In Sept. 2021, the bankruptcy court confirmed a plan to remake Purdue Pharma as a nonprofit devoted to addressing the public-health problems created by the opioid epidemic. Members of the Sackler family, who had taken pre-tax distributions of $11 billion from Purdue Pharma in the years leading up to the bankruptcy, agreed to contribute up to $6 billion to the plan. In exchange, provisions in the plan shielded them from future civil liability for opioid-related claims.

DOES INDEMNITY GO TOO FAR?

One of the provisions of the Bankruptcy Code on which the U.S. Court of Appeals for the 2nd Circuit relied in upholding the bankruptcy plan was 11 U.S.C. § 1123(b)(6), a “catchall” provision indicating that a bankruptcy plan may “include any other appropriate provision not inconsistent with the applicable provisions of” the Bankruptcy Code. But what does the phrase “any other appropriate provision” mean?

Representing the federal government, Deputy Solicitor General Curtis Gannon told the justices that the releases for the Sacklers go beyond what Section 1123(b)(6) allows. But Gregory Garre, who argued on behalf of Purdue Pharma, countered that the court should reject the government’s argument that nonconsensual releases are always invalid. Congress’s use of the words “any” and “appropriate” in Section 1123(b)(6) belie the idea, he contended, that bankruptcy plans can never include third-party releases – and indeed, he noted, they have been used for nearly 30 years. Justice Kavanaugh noted that there is 30 years’ worth of practice in the bankruptcy courts approving releases like the one shielding the Sacklers from liability when the parties are officers or directors in the company and the company indemnifies them against liability, so that a claim against the company official is effectively a claim against the company.

THE BOTTOM LINE

Attorneys for Purdue Pharma argued that the bankruptcy plan that was approved by the Circuit Court is the only way to ensure that all creditors—including victims—receive the compensation and recovery dollars they need. With $40 trillion in lawsuits against Purdue and the Sacklers, the first successful lawsuit will eliminate any other victim’s ability to recover in future lawsuits. The victims, he concluded, can only get “life saving abatement and recovery dollars” through the current plan, which has the support of 50 state attorneys general.

As part of a settlement negotiated with claimants, the Sacklers agreed to contribute more than $4 billion across a decade — an amount that ultimately rose to $6 billion — to fund efforts to fight the opioid crisis. The settlement also includes $750 million to compensate victims, and requires millions of documents to be made public. Purdue would restructure itself as a public benefit company, with its profits used to make products that combat opioid addiction. In exchange, the plan included the release that shields the Sacklers from civil lawsuits stemming from the opioid crisis. The family would also potentially be able to keep billions of dollars in revenue from Purdue that was distributed between 2008 and 2017, according to court filings. Gregory Garre, a lawyer who argued on behalf of Purdue, told the justices that 40% of that money went to taxes. The bankruptcy plan was approved by 95% of victims.

To some, Purdue and the Sacklers intend to have their cake and eat it too: they made billions on a drug which created a public health crisis that will now be helped with products on which they will make billions more producing. Some argue that civil liability is the only way to hold the Sacklers accountable. Others argue that compensation and the treatment and recovery it will enable is what is most important.

WHY IT MATTERS

While a bankruptcy case in the Supreme Court of the United States does not seem particularly relevant to the average person living in Georgia, the issues to be resolved in this case go to the heart of life in 21st century America: the ongoing devastation caused by the Opioid Crisis; the multi-generational impact of addiction on both economic and family well-being; the need of state and local governments to finance public health and recovery programs; and the desire of creditors and victims to hold the perpetrators of such widespread misery accountable.

CONTACT YOUR ATTORNEY

If you know someone who has been injured, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Parking Lot Perils

Thu, 30 Nov 2023 14:29:40 GMT

When You Bring Home More Than You Wanted To

Going holiday shopping or running an errand can result in you taking home more than you bargained for: a dented fender or even a minor injury. But sometimes, these parking lot accidents can be devastating. Every single day, someone loses their life when they were simply running errands, doing some shopping, or enjoying a night out. It’s a truly tragic statistic that may open your eyes to the hazards of parking lots. Parking lots and parking garages are the sites of approximately 50,000 accidents every year .

SOME SURPRISING STATISTICS

One in Five Vehicle Accidents Occur in Parking Lots
Over 500 People Die Every Year in Parking Lots and Garages
50,000 Car Accidents Occur in U.S. Parking Lots and Garages Annually
Over 60,000 People Are Injured in Parking Lots Every Year
25% Of Parking Lot Accidents Involve Backing Up
One-Third of Drivers Admit to Not Paying Attention While Driving in Lots
At Least 80% Of Bumper Scratches Occur During Parking
14% Of All Car Insurance Claims Involve Parking Lot Incidents
Parking Lot Accidents Peak at 5:00 PM on Saturdays
Parking Lot Accidents Increase During the Holiday Shopping Season

Despite the many advances in modern cars designed to help drivers back up safely, backing up is still a common cause of accidents. People do most of their backing up in parking lots, garages, and driveways, so this statistic makes sense. It’s common for drivers to accidentally strike a pedestrian while backing out of their spot. People also may bump into another vehicle while trying to back in or out of a parking spot. A car driving through the parking lot may hit someone leaving their space. And one of the tougher incidents to avoid is two cars colliding if they back out of their spots simultaneously and do not see one another.

Distracted driving is another common cause of accidents in parking lots. The National Safety Council (NSC) estimates that about two-thirds of all motorists who enter parking lots are distracted .

LIABILITY

While there are some cases where it may be obvious who was at-fault, that is not always the case. The one thing to note is that if you are backing out of a space and hit another stationary or moving vehicle you are more than likely to be the one at fault for the collision. If you and another driver were backing out of a space at the same time, fault becomes difficult to determine or no fault is found in the case. If you hit a parked car with no one in it and do not leave contact information, you can be charged with a hit and run.

A significant number of injuries in parking lots are caused by drivers failing to observe their surroundings, often resulting in pedestrian injuries. The National Highway Traffic Safety Administration (NHTSA) reported 12,247 fatalities in accidents involving vehicles and pedestrians between 2016 and 2020.

Most parking lots are private property. As such property owners have a legal responsibility to maintain their land in a reasonably safe manner for lawful visitors like customers or tenants. If unsafe conditions on the premises caused or contributed to the accident, the property owner may be liable.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an accident in a parking lot or parking garage, contact Dave Thomas at the Thomas Law Firm for a free evaluation of your legal rights.

'TIS THE SEASON...FOR DELIVERY TRUCK ACCIDENTS

Mon, 27 Nov 2023 20:17:03 GMT

Shopping can be Dangerous

’ TIS THE SEASON…FOR DELIVERY TRUCK ACCIDENTS

Increasing numbers of Amazon, FedEx, UPS, and other delivery trucks on the roads have altered the very fabric of major urban areas around the country. They have contributed significantly to congestion in high-traffic areas. Delivery truck drivers are under a great deal of pressure to make as many deliveries as possible as quickly as possible. Amazon, for example, expects that its delivery drivers make 999 out of 1000 deliveries on time or early, according to the New York Times . As shipments and deliveries surge around Thanksgiving, Christmas, and New Year’s Eve, trucks crisscross the nation to transport goods and gifts from one end of the country to another. According to The National Highway Traffic Safety Administration (NHTSA) , the days leading up to Christmas day until New Years day tend to have many fatalities.

In recent years, the number of deaths from Christmas Eve until New Years day is 799 according to the U.S Department of Transportation . Holidays are also often cause for celebration and festivities involving alcohol which plays a big factor to motor-vehicle crashes. To Learn more about how to spot a drunk driver on the road.

STATISTICS

Some statistics regarding the biggest delivery services bring the issue into focus. During the two years of 2020–2022, FedEx drivers were involved in 1,160 collisions, with 109 resulting in fatalities. The company delivers 12 million packages daily in various vehicles. Between 2020 and 2022, UPS drivers were in 1,082 crashes resulting in 74 fatalities.

The Insurance Institute for Highway Safety (IIHS) reports truck accident deaths at 4,000 annually, with little change in reporting years. Their findings also show a 28% increase in fatalities since 2009. Most fatal accidents happen during the day before 3 p.m., with the peak being between noon and 3 p.m. While many truck accidents happen on major roadways, delivery trucks can be in neighborhoods, opening the possibility for delivery truck drivers to cause more collisions.

CAUSES OF DELIVERY TRUCK ACCIDENTS

For many delivery truck drivers, the dollars they earn per hour, and their very jobs depend on rapidly delivering large numbers of packages to consumers. This factor creates a built-in incentive for drivers to exceed speed limits.

Distracted driving is also a big factor in delivery truck accidents. Delivery drivers are focused on navigating their routes, finding the next address, and dropping off the next package as quickly as possible. With the distractions and the pressures of the job, drivers may fail to register pedestrians, bicycles, or motorcycles in parking lots or roadways.

Driving while fatigued is another common cause of delivery truck accidents. Delivery truck drivers have long routes with hundreds of packages to deliver on any given day. They are overworked and under pressure from their employers to complete their routes as quick ly as possible and to continue making deliveries as long as it takes to get the job done.

LIABILITY

Companies that employ delivery truck drivers are generally responsible for the actions of their employees. Corporations can take the blame for the wrongs that their employees do while on the clock. If you can prove that the driver who hit you was both on duty and a corporate employee, you may name the employing corporation responsible for your recovery.

A truck driver’s duty of care dictates that the driver must take reasonable action to protect you from undue harm. That means not getting distracted behind the wheel, obeying each state’s roadway laws, and forgoing reckless behavior. A driver or related party who breaches the duty of care owed to you may owe you damages based on your roadway losses.

That said, you can’t claim that a delivery truck driver violated the duty owed to you without evidence. If you want to file a civil claim against a delivery truck driver after an accident, make sure that you can prove their negligence with:

Video footage of your accident
Photos of your accident
Debris from your crash
Input from expert witnesses
Statements from bystanders who witnessed your accident
A truck’s black box data, if available

Like any other motor vehicle accident, the first thing you should do is seek medical attention if you suffered injuries. Next, call the police and obtain a police report. Remember to always exchange information with the other driver who was involved in the accident and take pictures of the damages. Lastly, call an experienced personal injury attorney to start your claim.

CONTACT YOUR ATTORNEY

If you or someone you know is involved in an accident with a delivery truck, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

SUPREME COURT UPDATE

Fri, 17 Nov 2023 17:54:26 GMT

A New Ethics Code

A NEW ETHICS CODE: WILL IT HELP?

Recently, scandals have rocked the Supreme Court of the United States. Uber-wealthy benefactors have given some Justices trips on private jets to exclusive private resorts, have paid the tuition at expensive private schools for Justices’ children, have provided membership at elite clubs, and have even vacationed with Justices. These perks were not reported by the receiving Justices on financial disclosure forms. Even worse, business interests of the benefactors were later before the Court and the Justices who received the gifts did not recuse themselves from those cases.

These apparent conflicts of interest have led many people—both in the legal community and outside of it—to advocate for an ethical code that applies to the Supreme Court. Judges on lower federal courts are subject to the Judicial Conduct and Disability Act , a federal law that allows people to file ethics complaints and sets out a mechanism for their review. The penalties include public censures and reprimands. It does not apply to Supreme Court justices.

Reporting requirements are a different matter. An average federal employee cannot accept any gift from any person who “[c]onducts activities regulated by the employee’s agency” or who “[h]as interests that may be substantially affected by the performance or nonperformance of the employee’s official duties.” Federal employees cannot accept gifts valued at more than $50 per year. Members of Congress and their staffs are similarly prohibited from accepting gifts from anyone who is not a family member or close personal friend. Even so, members and congressional employees cannot accept more than $100 in gifts annually, and they must seek approval from the House or Senate Ethics Committee to accept gifts from personal friends exceeding $250 in value. Even the president and his family are required to publicly disclose gifts exceeding a certain amount. These requirements apply to the Justices on the Supreme Court, but there is no enforcement mechanism and no higher court to review a dec ision regarding compliance.

HOW THE CODE AFFECTS RECUSALS

“Individual justices, rather than the court, decide recusal issues.”

The language the court issued weakens the federal recusal statute , 28 U.S. Code 455, which requires: “Any justice … shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned;” the new code adopted by the Court replaced “shall” with “should” making compliance voluntary rather than mandatory. This theme applies throughout the non-binding code: It uses the word “should” 51 times, while words such as “shall,” “must,” and “may not” appear only sparingly in the court’s commentary on the code. Further, the Supreme Court’s commentary specifically allows individual justices to continue determining any decisions to recuse themselves from cases, stating that they, “rather than the Court, decide recusal issues.”

PUBLIC OPINION

The announcement on November 13, 2023 by Chief Justice John Roberts that the Court was adopting a Code of Conduct was an attempt by the Supreme Court to quiet the growing chorus of complaints about the close ties between some Justices and wealthy donors, and the failure by those same Justices to report the gifts that they have received from the donors. In recent years, the public’s view of the highest court in the land has taken a severe hit. According to Pew Research, following a series of high-profile rulings addressing such issues as affirmative action, LGBTQ rights and student loans, the share of Americans with a favorable opinion of the U.S. Supreme Court has declined to its lowest point in public opinion surveys dating to 1987. Fewer than half of Americans (44%) now express a favorable opinion of the court, while a narrow majority (54%) have an unfavorable view, according to a new Pew Research Center survey.

Whether the adoption of the new Code of Conduct will result in any changes of behavior, and concomitantly any change in the public’s favorable impression of the Court, remains to be seen. Without an external enforcement mechanism, many experts are not optimistic. The court issued a 14-page document that included five canons of conduct on issues such as when justices should recuse themselves and what kind of outside activities they can engage in. Among other things, the code requires justices to "uphold the integrity and independence of the judiciary" and "avoid impropriety and the appearance of impropriety in all activities.” But the Justices themselves decide what would and would not result in impropriety or the appearance of it.

CONGRESS v. THE SUPREME COURT

Some experts have suggested that federal legislation could provide the missing enforcement mechanism. Aside from the difficulties in getting such legislation passed in the current congressional environment, there is also the issue of whether Congress has the legal authority to regulate the Court. At least one Justice, Justice Alito, has publicly questioned whether Congress has the authority, citing the Constitution’s Separation of Powers.

CONTACT YOUR ATTORNEY

If you or someone you know is involved in an accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation regarding your legal rights.

DAYLIGHT SAVING TIME ENDS--AGAIN

Fri, 03 Nov 2023 17:18:25 GMT

Another year, another time change

FALL BACK

Sunday, Nov. 5 is when most of the nation will "fall back" to standard time as proposed legislation to end the twice-yearly changing of the clocks has sat idle since March.

Hawaii and Arizona are the only states that do not observe daylight saving time, with the exception of the Navajo Nation in northeastern Arizona.
A March YouGov survey found 62% of the 1,000 surveyed wanted to see the changing of the clocks eliminated.

Health groups and sleep experts have called for an end to the seasonal shifting of clocks, a ritual first adopted in the U.S. more than a century ago.

LEGISLATIVE ACTION

In March, Sen. Marco Rubio (R-Fla.) reintroduced the Sunshine Protection Act, which in 2022 passed by unanimous consent by the Senate but not voted on by the House. This year, the bill has bipartisan support. The bill — and companion legislation in the House — would eliminate the changing of clocks and if enacted, the U.S. would not 'fall back' in November and would enjoy a full year of DST, instead of only eight months, according to a fact sheet on the bill.

But, if history is our guide, that may not be enough. In the 1970s, the last time Congress made daylight saving time permanent, the decision was reversed in less than a year after the early morning darkness proved dangerous for school children and public sentiment changed.

DETAILS

The official time to set clocks to standard time is 2am Nov. 5 but many will change the time on their devices before going to bed Saturday.

Daylight saving time is scheduled to return Sunday, March 10.

Daylight saving time used to run from April to October but the Energy Policy Act of 2005 extended it.

It now runs from the second Sunday in March to the first Sunday in November.

GEORGIA

Georgia passed a law to stop falling back and springing forward — but nothing will happen until Congress acts. Georgia is one of 19 states that have passed bills or resolutions since 2018 to make daylight saving time year-round if Congress acts, according to the National Conference of State Legislatures . Federal law says states can unilaterally move to standard time but must have the approval of Congress to adopt year-round daylight saving time.

Florida was the first to pass legislation in 2018 and Colorado and Kentucky lawmakers passed resolutions to make daylight saving permanent in 2022.
Other states that have taken action are: Alabama, Delaware, Idaho, Louisiana, Maine, Minnesota, Mississippi, Montana, Ohio, Oregon , South Carolina, Tennessee, Utah, Washington and Wyoming.

DAYLIGHT SAVING TIME IS SAFER

The end of daylight saving time causes a 16% increase in collisions between deer and vehicles in the week after the time change, a new study shows . These types of crashes peak in late October and November due to less sunlight and less visibility for drivers, but these months are also mating season for deer, so they're on the move much more often. About 2.1 million deer-vehicle collisions happen in the U.S. annually. A permanent move to daylight saving time would reduce the crashes by about 1.7%, according to the study. Such a move also would prevent 2,054 human injuries, 33 human deaths, and $1.19 billion in damages each year. Conversely, a permanent move to standard time would increase the instances of crashes by 3.5%.

When daylight savings time ends, we lose an hour of afternoon sunlight. This may increase the likelihood of car accidents since more time is spent on the road in the darkness. Adding an hour of sunlight in the evening year-round would save the lives of more than 170 pedestrians annually, according to a recent study in Accident Analysis and Prevention. The lives of nearly 200 vehicle occupants would also theoretically be saved by the change.

CONTACT YOUR ATTORNEY

Be especially careful and alert when driving on Sunday, November 5, 2023, especially if driving near sunset. “Fall back” means the opportunity for an extra hour of sleep, so increased driver fatigue should not be a big concern. However, the change in light and decreased hours of daylight for evening driving can lead to more accidents, with other vehicles, with pedestrians and with deer!

If you or someone you know is involved in a motor vehicle accident, contact Dave Thomas of The Thomas Law Firm for a free consultation regarding your legal rights.

Super Fog Creates Chaos on Roads

Sat, 28 Oct 2023 18:15:24 GMT

Super Fog Highlights the Dangers of Low Visibility

HEAVY FOG CAUSES MASSIVE PILEUP

A "super fog" in Louisiana has caused a multi-car pileup on Interstate 55 near New Orleans, Louisiana, after severely lowering visibility, according to police. The crash, involving at least 158 vehicles, occurred on Monday morning due to heavy fog conditions, according to Louisiana State Police. Louisiana Gov. John Bel Edwards confirmed the accident in a statement Monday. Seven fatalities have been confirmed and over 25 individuals were transported to area hospitals with varying degrees of injuries from critical to minor, according to Louisiana State Police.

“SUPER FOG”

The super fog was caused by smoke from marsh fires burning in the region combined with dense fog developing in the area early Monday morning bringing extremely low visibility. In some spots, visibility was near zero, creating dangerous driving conditions. Super fogs typically form when condensed water vapor mixes with the smoke and moisture released from damp organic material smoldering from a nearby fire, such as brush, leaves and trees, according to the National Weather Service . Visibility can be lowered to less than 10 feet as a result, according to the NWS. Super fogs can be especially dangerous when they develop near and over highways. The localized nature of the weather phenomenon means that visibility conditions can worsen rapidly within a very short distance, which can lead to a hazardous combination of sudden low to near-zero visibility and vehicles traveling at a high speed on a highway.

Morning fog is not uncommon this time of the year for the region, but more than 86% of the state is currently battling extreme drought conditions, which is elevating fire danger. This could mean more instances of super fog in the coming days and weeks as cooler temperatures settle in, but the drought and wildfire risk persist.

ACCIDENTS CAUSED BY FOG NATIONWIDE

According to the U.S. Department of Transportation Federal Highway Administration, over 38,700 crashes annually are fog-related, resulting in over 600 fatalities and over 16,300 injuries. The single biggest cause of fog-related accidents is people driving too fast for the conditions they are in; if visibility is reduced, speed must be reduced as well. Fog can prevent drivers from seeing other vehicles or hazards on the road. Additionally, fog can lead to speed variance, which causes many accidents. When vehicles travel at significantly different speeds, an accident is more likely to occur.

SAFETY TIPS

Take the following precautions when experiencing heavy fog conditions:

Headlights on: If you can’t see 500 feet in front of you, you should have your low-beam headlights on
Reduce speed: Speed limits are for ideal conditions, you can be ticketed for driving too fast in heavy fog (not an ideal condition)
Minimize distractions and increase distance from other cars
Use right-side pavement as a guide: In thick mist and fog, use the white lines on the right side of the road as a guide for driving. Do not use the center pavement markings. Using the center line as a guide will bring you closer to oncoming vehicles whose drivers are also struggling to see.

The National Weather Service advises:

In extremely dense fog where visibility is near zero, the best course of action is to first turn on your hazard lights, then simply pull into a safe location such as a parking lot of a local business and stop. If there is no parking lot or driveway to pull into, pull your vehicle off to the side of the road as far as possible. Once you come to a stop, turn off all lights except your hazard flashing lights, set the emergency brake, and take your foot off of the brake pedal to be sure the tail lights are not illuminated so that other drivers don't mistakenly run into you.

CONTACT YOUR ATTORNEY

If you or someone you know are involved in a fog-related motor vehicle accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

THE POPULARITY OF MICRO-MOBILITY

Mon, 23 Oct 2023 12:40:42 GMT

E-Scooter Use is On the Rise

MICRO-MOBILITY BECOMES MORE POPULAR—AND MORE DANGEROUS

Scooter-sharing programs have experienced an exponential adoption rate since 2016, according to Grand View Research , a market research and consulting firm. Grand View Research expects the market to grow by 7.8% between 2022 and 2030.

The micro-mobility mode is rapidly increasing in popularity as a means of transportation and for fun, and along with that growth comes a jump in the prevalence of crashes. A rider’s head is particularly at risk in e-scooter crashes, and it’s a significant problem. In a crash test designed to assess e-scooter (electric scooter) safety, head impact on the ground occurred in almost every case, and was often severe.

Those are the main findings of new research by DEKRA , a company based in Germany that conducts automotive testing, inspection and crash research. The goal of the testing was to evaluate head impact conditions and injury risk associated with e-scooter crashes, and to learn more about what happens to the human body during and after an impact. More than 160 individual simulated crash scenarios that included a range of factors, like initial speed, angle of impact with the curb and the size of the person on the e-scooter, were examined during the analysis. The head was found to be particularly at risk, researchers said, and in almost all cases, “there was an impact of the head on the ground with the risk of concussion.”

THE NUMBERS

The number of e-scooter-related emergency room visits in the U.S. has surged by nearly 450% from 7,700 in 2017 to 42,200 in 2021, according to a recent report from the U.S. Consumer Product Safety Commission. Those estimates likely represented an undercount, the federal agency added. One of the common causes of e-scooter accidents is poor infrastructure, as evidence shows that jurisdictions with more extensive bike lane networks were safer for e-scooter use, the Transportation Research Report stated. Many accidents involve physical structures such as curbs, maintenance hole covers and utility poles. In addition, roadway irregularities such as potholes and uneven surfaces are a greater danger to scooter riders than to bicycle riders, according to the report.

A number of other conditions can factor into crashes. CPSC found that 21% of victims cited darkness or other visibility problems, and 26% of riders said they were carrying something.

The vehicles can become safety hazards for many reasons, such as when they obstruct sidewalks when parked, are used by riders who are inexperienced, distracted or impaired, and when colliding with cars or pedestrians on sidewalks or roadways, according to a report published by the National Academies of Sciences, Engineering, and Medicine and the Transportation Research Board.

GENDER DIFFERENCES

One important finding was the gender differences in crash and injury risk. Researchers found that males had a greater risk of being involved in an e-scooter crash, likely because they were generally more frequent riders, had fewer perceived concerns about safety, and were more prone to risk-taking behaviors while riding. However, females had a 1.5 times higher risk of being involved in an e-scooter-related injury crash than males. This may suggest a need to examine potential e-scooter design issues that may not adapt well to female riders, such as handlebar height, center of gravity, and required upper body strength.

E-SCOOTER USE IN GEORGIA

To legally operate an electric scooter in Georgia, riders must have a valid driver’s license or a full learner’s permit or driver’s license or permit. This requirement ensures that riders have a basic understanding of traffic rules and regulations. Additionally, there is a minimum age requirement for electric scooter riders, typically set at 16 years old. It is crucial for riders to meet these licensing and age restrictions to avoid potential legal consequences. Electric scooters can be ridden on bike paths, bike lanes and on roads with a speed limit of 35 mph or less. You can't use them on sidewalks, and riders who are 16 or younger will need to wear a helmet while operating them.

When operating an e-scooter in Georgia, riders must obey all traffic laws, including traffic signals stop signs and speed limits. It is important to be aware of the surroundings and ride defensively, especially in high-traffic areas. Using designated bike lanes and paths when available can further enhance safety for both scooter riders and pedestrians.

CONTACT YOUR ATTORNEY

Accidents happen, and even the most careful of e-scooter riders can be involved in a crash. If you are in an e-scooter accident and suffer injuries, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Dave Thomas is an experienced personal injury attorney who will work tirelessly to recover medical costs, lost wages, and other damages resulting from your accident.

HAUNTING THAT HURTS

Fri, 13 Oct 2023 16:45:00 GMT

A Friday the 13th blog post

Beware on Halloween

The statistics are shocking. Children are twice as likely to die on Halloween than any other day of the year as they trick-or-treat along our streets. That’s according to a 2012 State Farm analysis of more than 4 million fatalities between 1990 and 2010. (An older study by the Centers for Disease Control and Prevention was even scarier: Children were four times more likely to die on All Hallows’ Eve while walking.) More than a quarter of the deaths occurred between 6 p.m. and 7 p.m., State Farm found, with 70% happening in the middle of the block, away from a crosswalk or intersection.

According to the U.S Consumer Product Safety Commission , an average of 3,200 Halloween-related injuries send people to U.S emergency departments every year.

Here's how the most common injuries break down:

55% are related to pumpkin carving
25% are due to falls while working with decorations, tripping on costumes and walking while trick or treating
20% are miscellaneous situations like lacerations, ingestions, and other injuries related to costumes, pumpkins, decorations, allergic reactions and rashes.

HOW TO KEEP THE HAUNTING FUN

Pumpkin carving

Kids should not be carving the pumpkins. If children want to participate in the process, let them scoop out the insides or draw the face.
Use battery-operated lights or glow sticks instead of open-flame candles in your jack-o-lanterns.
If using an open-flame candle, keep the lantern away from combustible materials like curtains, costumes and decorations, and never leave a candle unattended if it's lit.

Decorating

Use battery-operated lights or glow sticks to prevent fires.
Pay attention to the placement of decorations.
Remove obstacles from lawns, steps and porches if you're expecting trick-or-treaters.
Use caution on ladders when putting up or taking down decorations.
Always check lights for broken or cracked sockets, frayed or bare wires or loose connections and dispose of damaged lights.

Driving

Always drive extra carefully on Halloween by slowing down and staying alert for unpredictable actions from excited kids, taking extra time at intersections, medians and curbs, navigating driveways slowly and carefully, eliminating distractions and turning on your headlights earlier than usual. On October 31st, child pedestrian fatalities more than double compared to the average number that take place on any other day of the year, including the Fourth of July and New Year’s Day. Therefore it is crucial that drivers are aware of the heightened risk to kids and pedestrians in general, and modify their driving accordingly—e.g. slow down, stay extra alert, and do not allow any distractions such as cell phones and music.

It should go without saying, but avoiding alcohol while driving is also key to staying safe—both as an occupant of a vehicle and a pedestrian. NHTSA statistics show that during a four-year period, 14% of all pedestrian deaths on Halloween involved drunken drivers. Overall, the agency says Halloween drunk-driving fatalities are on the rise, with 44% of all people killed in car crashes on Halloween night involving a drunk driver.

Food Allergies

One in 13 children under the age of 18 in the United States has food allergies. Chances are high one of those kids will visit your house for a treat.

Milk, eggs, peanuts, soy, wheat, tree nuts, fish and shellfish are responsible for 90% of allergic reactions, according to the Food Allergy Research and Education group. Some of those reactions can be deadly. Many candies are off limits for children, either because they contain one of the top allergens or because of the danger of cross contamination.

To meet the needs of all your trick-or-treaters, you can join the Teal Pumpkin project , which suggests having non-food treats on hand, such as glow sticks, bubbles, stickers or markers. Then hang a teal pumpkin outside your home so kids with allergies will know you are allergy-safe.

THINGS TO REMEMBER

18% of the people who die in fatal crashes on Halloween are children
Pedestrians have a 50% higher chance of dying on Halloween than on the average day
Weekday Halloweens have 11% more fatal crashes than weekend Halloweens
Saturday Halloweens are safer for driving than the typical Saturdays

This year, Halloween falls on a Tuesday, which according to data from the AutoInsurance Organization, is the second most deadly day on which to celebrate the holiday, falling only behind Friday. There were 14 child deaths out of the 39 total in 2006 (Halloween fell on a Tuesday), making it the second deadliest Halloween for children (35.9%). However, since 1995, the majority of Halloween nights totaled between five and nine child deaths in traffic accidents. Surprisingly, Saturday is the safest day to trick-or-treat, and there is a growing movement to always celebrate Halloween on Saturdays.

CONTACT YOUR ATTORNEY

If your child is injured while celebrating Halloween, contact Dave Thomas at The Thomas Law Firm . He is an experienced personal injury attorney, and offers a free evaluation of your legal rights.

Motor Vehicle and Pedestrian Accidents

Wed, 11 Oct 2023 16:55:17 GMT

Does an Autonomous Vehicle Change the Equation?

HIT AND RUN ACCIDENT MADE WORSE BY AUTONOMOUS VEHICLE

A hit-and-run driver struck a pedestrian on October 2, 2023, tossing her into the path of a Cruise self-driving car that then drove over her. The collision is the latest traffic incident in San Francisco involving autonomous vehicles, a novel technology in which every possible mistake is scrutinized by city residents and officials. Cruise and its competitor Waymo operate fleets of robotaxis in the city with no human drivers present. The pedestrian was in critical condition as of Tuesday, Oct. 3.

Cruise said in a statement that the human-driven vehicle struck the pedestrian while traveling in the lane immediately to the left of the Cruise car. “The initial impact was severe and launched the pedestrian directly in front of the AV. The AV then braked aggressively to minimize the impact,” Cruise said, using the abbreviation for autonomous vehicle. Photos published by the San Francisco Chronicle showed a Cruise car stopped with a body underneath its rear axle.

PEDESTRIANS v. VEHICLES

The pedestrian that was struck by a manned vehicle and then driven over by the AV was crossing the intersection at a time when vehicles had the right-of-way. According to NHTSA statistics, in 2021 there were 7,388 pedestrians killed in traffic crashes, a 12.5- percent increase from the 6,565 pedestrian fatalities in 2020. This is the highest since 1981 when 7,837 pedestrians died in traffic crashes. Below are additional statistics on traffic accidents involving pedestrians:

• In 2021 there were an estimated 60,577 pedestrians injured in traffic crashes, an 11-percent increase from 54,771 pedestrians injured in 2020.

• On average, a pedestrian was killed every 71 minutes and injured every 9 minutes in traffic crashes in 2021.

• Pedestrian deaths accounted for 17 percent of all traffic fatalities and 2 percent of all people injured in traffic crashes in 2021.

• In 2021 fifteen percent of the children 14 and younger killed in traffic crashes were pedestrians.

In 2021 seventy percent of the pedestrians killed in traffic crashes were males.

Furthermore, nearly 1 out of every 4 pedestrians killed in traffic crashes in 2021 (23%) were struck by hit-and-run drivers, as was the case in the accident described above (the manned car drove away after the accident).

LIABILITY FOR PEDESTRIAN TRAFFIC ACCIDENTS

Georgia is a modified comparative negligence state. That means a pedestrian can be partially liable for the accident and still collect compensation. If the pedestrian is less than 50% at fault, they can receive a portion of their damages. The law bars the pedestrian from financial recovery if they are 50% or more at fault. For example, a pedestrian who is 20% at fault could receive 80% of their damages.

Examples of a pedestrian being partially liable for an accident with a motor vehicle include: distracted walking; ignoring traffic signals; intoxication; walking with headphones; intentionally distracting a driver. Likewise, distracted drivers, drivers who fail to follow traffic signals, and drivers who fail to yield to pedestrians can all be partially or wholly liable for an accident with a pedestrian.

To establish driver liability in a crosswalk pedestrian accident case like the one above, the following elements must be proven:

The driver had a duty to exercise reasonable care and caution while driving;
The driver breached that duty by acting negligently, recklessly, or intentionally;
The driver’s breach of duty was the proximate cause of the pedestrian’s injuries; and
The pedestrian suffered actual damages.

RECOVERY OF DAMAGES

Compensatory damages from pedestrian accident cases can be divided into two general categories:

Economic Damages: These are direct monetary losses that the victim incurs, such as medical bills, lost wages, loss of earning capacity, and funeral and burial expenses (in the case of a wrongful death).
Noneconomic Damages: These are losses that are real but intangible and more difficult to quantify. Examples may include pain and suffering, mental anguish, loss of enjoyment, disfigurement, personal injury, loss of consortium, and loss of comfort, guidance, and support.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in an accident with a motor vehicle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Supreme Court Preview

Sat, 30 Sep 2023 18:24:54 GMT

U.S. Supreme Court's New Term

A PREVIEW OF SCOTUS’ 2023-2024 CALENDAR

Below are summaries of some of the cases on SCOTUS’ 2023-2024 docket that have the potential for great impact across the legal and societal landscape. SCOTUS’ new term runs from October 2023 through June 2024.

FIRST AMENDMENT CASES:

Lindke v. Freed

Facts of the case: James Freed created a private Facebook profile that was originally intended to connect with family and friends. Eventually, he grew too popular for Facebook's 5,000-friend limit on profiles. So Freed converted his profile to a "page," which has unlimited "followers" instead of friends and is public so that anyone may "follow" it. Freed designated the page category as "public figure."

In 2014, Freed was appointed city manager for Port Huron, Michigan, so he updated his Facebook page to reflect that new title. On his page, he shared both personal updates about himself and his family and professional updates, including directives and policies he initiated in his official capacity. Kevin Lindke came across Freed’s page and did not approve of how Freed was handling the pandemic. He posted criticism of Freed in response to Freed’s Facebook page, and Freed deleted the comments and ultimately “blocked” Lindke.

Lindke sued Freed under 42 U.S.C. § 1983 for violating his First Amendment rights by deleting his comments and blocking him. The district court granted summary judgment to Freed, and the U.S. Court of Appeals for the Sixth Circuit affirmed.

Question:

When does a public official’s social media activity constitute state action subject to the First Amendment?

O’Connor-Ratcliff v. Garnier is a case scheduled for argument before the Supreme Court of the United States on October 31, 2023, during the court's October 2023-2024 term .

The facts of the case: Petitioners Christopher and Kimberly Garnier are parents of children in the Poway Unified School District in the city of Poway, California, just north of San Diego. The Garniers frequently posted comments critical of the District’s Board of Trustees on the social media pages of the Trustees, including Respondents Michelle O’Connor-Ratcliff and T.J. Zane. For their school-board campaigns, O’Connor-Ratcliff and Zane created personal Facebook and Twitter pages, which they updated with their official titles once elected and continued to use to post about school-district business and news. The Trustees began to hide or delete the critical and often repetitive comments by the Garniers, and then around October 2017, they blocked the Garniers from their social media pages. After the Trustees blocked the Garniers, the Garniers sued them, arguing that their social media pages constitute public fora and that by blocking them, the Trustees violated their First Amendment rights. The district court granted declaratory and injunctive relief to the Garniers but found that the Trustees’ had qualified immunity from the damages claims. The U.S. Court of Appeals for the Ninth Circuit affirmed.

Question: Does a public official engage in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, which the official uses to communicate about job-related matters with the public?

Vidal v. Elster is a case scheduled for argument before the Supreme Court of the United States on November 1, 2023, during the court's October 2023-2024 term .

Facts of the Case: Steve Elster applied to register a trademark saying “TRUMP TOO SMALL.” The U.S. Patent and Trademark Office rejected his application under 15 U.S.C. § 1502(c) because Elster did not receive permission from former president Trump to use his name in a trademark. After Elster appealed, the U.S. Court of Appeals for the Federal Circuit struck down the permission requirement as applied to public figures and politicians because it was an unjustified content-based restriction on speech. The government petitioned for certiorari, and the Supreme Court agreed to review the case.

The questions presented: "Whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.”

SECOND AMENDMENT CASE :

United States v. Rahimi is a case scheduled for argument before the Supreme Court of the United States on November 7, 2023, during the court's October 2023-2024 term .

Facts of the Case: Mr. Rahimi was convicted of possessing a gun while subject to a domestic violence protective order, issued after he violently assaulted his domestic partner in a parking lot and shot a gun when he noticed that others had witnessed his abuse. Mr. Rahimi challenged the law as a violation of the Second Amendment right to bear arms. The U.S. Court of Appeals for the Fifth Circuit invalidated the law on its face, holding that individuals subject to domestic violence protective orders have a constitutional right to possess guns. It found no sufficiently identical law extant as of the 1700s or 1800s, even though at that time domestic violence was not considered a serious problem, and women were legally subjugated to men. It refused to treat as sufficient historic analogues other laws that denied arms to individuals found to pose a danger to others. The Fifth Circuit’s rationale denies governments any ability to prohibit gun possession by persons subject to restraining orders — and would presumably invalidate even pre-acquisition background checks, which have stopped more than 77,000 purchases of weapons by individuals subject to domestic violence orders in the 25 years that the law has been in place.

The ACLU submitted an amicus brief, arguing that the Fifth Circuit’s analysis is a misapplication of the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, by requiring, in essence, a historical twin law in order to uphold a law today. That approach risks freezing government’s ability to protect people from newly recognized threats and tethers the authority to regulate gun possession to periods when governments disregarded many forms of violence directed against women, Black people, Indigenous people, and others.

The questions presented: "Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.”

FIFTH AMENDMENT CASE:

McElrath v. Georgia is a case scheduled for argument before the Supreme Court of the United States during the court's October 2023-2024 term .

Facts of the Case: The Supreme Court has stated that the “most fundamental rule in the history of double jeopardy jurisprudence” is that acquittals are in-violate, no matter the reason behind them. As a result, no judge can overturn an acquittal, even if the acquittal is based on bias or mistake. And no prosecutor can re-try a defendant on the acquitted charge. But in this case, the Georgia Supreme Court vacated an acquittal, as well as two convictions arising from the same trial, on the ground that the verdicts were inconsistent, or in its words, “repugnant.” It therefore treated them as “valueless,” and vacated them all. As a result, Mr. McElrath faces re-trial on a charge for which he was acquitted.

The ACLU, the ACLU of Georgia, and the National Association of Criminal Defense Lawyers filed an amicus brief in support of Mr. McElrath. They argue that the bright-line rule barring judges from reviewing and reversing acquittals exists to protect the jury’s structural role in the criminal system as a critical safeguard for defendants. The jury stands between the accused and the State, preventing judges or prosecutors from wielding the criminal sanction unless a jury of the accused’s peers agrees. The jury checks judges and prosecutors through its acquittal power, and out of respect for the jury’s sovereignty and the individual’s right to a jury trial, juries have “unreviewable power” to acquit, “even for impermissible reasons.” We argue that creating an exception for verdicts that a reviewing court deems “inconsistent” or “repugnant” would contravene the structural role assigned to the jury in our legal system, and invite judges to reverse acquittals with which they disagree.

The questions presented: "Does the Double Jeopardy Clause of the Fifth Amendment prohibit a second prosecution for a crime of which a defendant was previously acquitted?"

DEFERENCE TO AGENCY DECISIONS:

Loper Bright Enterprises v. Raimondo is a United States Supreme Court case challenging the scope of the Chevron deference doctrine and its application by the United States Court of Appeals for the District of Columbia Circuit to uphold the National Marine Fisheries Service’s (NMFS) interpretation of a federal fishery law. The case is scheduled for argument before the Supreme Court of the United States during the court's October 2023-2024 term .

The issue: The case challenges the D.C. Circuit 's application of Chevron deference to uphold the NMFS' interpretation of the Magnuson-Stevens Act. The Chevron deference, or Chevron doctrine, is an administrative law principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. The principle derives its name from the 1984 U.S. Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

Facts of the case: A group of commercial fishermen who regularly participate in the Atlantic herring fishery sued the National Marine Fisheries Service after the Service promulgated a rule that required industry to fund at-sea monitoring programs at an estimated cost of $710 per day. The fisherman argued that the Magnuson-Stevens Fishery Conservation and Management Act of 1976 did not authorize the Service to create industry-funded monitoring requirements and that the Service failed to follow proper rule-making procedure. The district court granted summary judgment for the government based on its reasonable interpretation of its authority and its adoption of the rule through the required notice-and-comment procedure. The U.S. Court of Appeals for the D.C. Circuit affirmed.

Questions:

1. Does the Magnuson-Stevens Act authorize the National Marine Fisheries Service to promulgate a rule that would require industry to pay for at-sea monitoring programs?

2. Should the Court overrule Chevron v. Natural Resources Defense Council or at least clarify whether statutory silence on controversial powers creates an ambiguity requiring deference to the agenc y?

Danco Laboratories v. Alliance for Hippocratic Medicine , Food and Drug Administration v. Alliance For Hippocratic Medicine (on the emergency docket):

The drug at the center of the cases, mifepristone, is part of a two-drug protocol used to end pregnancies in their early stages. The FDA initially approved the drug in 2000, and in 2016 and 2021 it made several changes to the conditions on the use of the drug – allowing the drug to be used through the 10th week of pregnancy, rather than only through the 7th week, allowing health-care providers who are not physicians to prescribe the drugs, and allowing the drug to be prescribed through telehealth appointments and sent through the mail. A group of doctors and medical groups opposed to abortion challenged the FDA’s approval of the drug last year, arguing that the drug regimen was “unsafe.”

U.S. District Judge Matthew Kacsmaryk, who has issued a number of conservative rulings since he was appointed to the bench by President Donald Trump in 2017, found that the FDA had approved the drug despite “legitimate safety concerns.” He suspended both the FDA’s approval of the drug and the later changes to the conditions on the use of the drug. After the 5th Circuit put only part of Kacsmaryk’s order on hold, the Biden administration and Danco went to the Supreme Court, asking the justices to freeze the entire order to maintain the status quo until the dispute is resolved. The justices agreed to do so in a brief unsigned order on April 21, with two justices – Justices Clarence Thomas and Samuel Alito – indicating that they would have denied the request.

The case then went back to the 5th Circuit, which heard oral argument in May. In a 62-page decision issued last month, the court of appeals ruled that the doctors and medical groups had brought their challenge to the FDA’s initial 2000 approval of mifepristone too late, and it left the agency’s 2019 approval of generic mifepristone in place. But the court of appeals agreed with Kacsmaryk that the FDA’s 2016 and 2021 actions increasing access to the drug, such as allowing it to be used later in pregnancy and allowing it to be prescribed through telehealth appointments, should be put on hold.

The Biden administration and Danco appealed to the Supreme Court three weeks later. U.S. Solicitor General Elizabeth Prelogar, representing the federal government, emphasized that the FDA’s original approval had rested on the agency’s “scientific judgment that the drug is safe and effective,” and that the agency had “modified the original conditions of approval as decades of experience have further confirmed the drug’s safety.” She told the justices that allowing the ruling by the 5th Circuit to stand would have “damaging consequences for women seeking lawful abortions and a healthcare system that relies on the availability of the drug under the current conditions of use.” But more broadly, she noted, it was “the first time any court has restricted access to an FDA-restricted drug based on disagreement with FDA’s expert judgment about the conditions required to assure that drug’s safe use—much less done so after those conditions had been in effect for years.”

In its own filing, Danco told the justices that the core question in the case was “whether courts can disregard constitutional and statutory limits on judicial review of executive action in order to overrule an agency decision they dislike.” Echoing the Biden administration’s arguments, it argued that for “the women and teenage girls, health care providers, and States that depend on FDA’s actions to ensure safe and effective reproductive health care is available, this case matters tremendously.” And Danco cautioned that “for the pharmaceutical and biotechnology industry, permitting judicial second-guessing of FDA’s scientific evaluations of data will have a wildly destabilizing effect.”

Stay tuned for updates on the above cases.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured, contact Dave Thomas at The Thomas Law Firm f or a free evaluation of your legal rights. Dave Thomas is an experienced personal injury attorney, specializing in motor vehicle, trucking, motorcycle and bicycle accidents.

The Real Danger at the Beach

Thu, 28 Sep 2023 17:38:50 GMT

Beware the Current!

As Hurricane Lee moved north through the Atlantic, National Hurricane Center director Mike Brennan said his top message for people on the East coast was: watch out for rip currents. They usually receive little attention but are the third leading cause of weather fatalities. Lifeguards rescue tens of thousands of people from rip currents in the U.S. every year, but it is estimated that 100 people are still killed by rip currents annually. Over the last ten years, rip currents have killed more people than tornadoes or hurricanes. This year has already been particularly bad with 76 deaths reported through August.

Meteorologist Jase Bernhardt at Hofstra University said Hurricane Lee grew larger. "When it's a large powerful hurricane like Lee, it's going to kick up a lot of waves," he says. "And when you have strong, heavy surf, that creates a prime avenue for rip currents to form along the coastal facing beaches." Rip currents form when heavy surf piles up water near the shoreline. Bernhardt says the water then accelerates and rushes downhill, pulling anything caught in it, including swimmers out to sea. According to the National Oceanic and Atmospheric Administration, or NOAA, while the terms are often confused, rip currents are different than rip tides. A rip tide is a specific type of current associated with the swift movement of tidal water through inlets and the mouths of estuaries, embankments, and harbors.

Most beachgoers worry more about sharks and the risk of a shark attack than they do about rip currents, yet the latter kill far more people every year. Experts say the problem is that most people don't know anything about rip currents, the risk they pose, and how many people die because of them each year.

WHAT TO DO IF CAUGHT IN A RIP CURRENT

Rip currents move quickly, as fast as 5 miles per hour. They don't pull you under. Paul says if you're caught in one, you should swim parallel to the shore. But the most important thing is to stay calm. "If all you can do is float, then just float on your back," he says. "Throw an arm up and start waving. Let the current take you until it lets go.” The National Weather Service now issues rip current forecasts for coastal communities . Unlike fatalities in hurricanes, tornadoes and other weather events, experts say deaths from rip currents should be almost entirely preventable.

To stay safe, follow the advice of lifeguards, beach patrol flags and signs. If you get caught in a rip current, don't panic. Yell for help and try to stay calm and afloat while waiting for assistance. If caught in a rip current, don't fight it! Swim parallel to the shore and swim back to land at an angle.

CONTACT YOUR ATTORNEY

People enjoy Georgia’s spectacular beaches well into the fall. Since the hurricane season is still underway—and it has been an extremely active and dangerous season—the danger posed by rip currents is ongoing. If you or someone you know got caught in a rip current and you believe that warnings were inadequate, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

School Bus Transportation Accidents

Thu, 28 Sep 2023 17:09:21 GMT

Keeping Kids Safe When Starting Back to School

STATISTICS

Between 2007 and 2016, there have been 1,282 people killed in school-transportation-related crashes—an average of 128 fatalities per year. Occupants of school transportation vehicles accounted for 9 percent of the fatalities, and non-occupants (pedestrians, bicyclists, etc.) accounted for 20 percent of the fatalities. Most (70%) of the people who lost their lives in these crashes were occupants of other vehicles involved.

A school bus-related crash is defined by NHTSA as any crash in which a vehicle, regardless of body design, used as a school bus is directly or indirectly involved. This includes incidents involving school children getting in or out of a vehicle. From 2012 to 2021, about 70% of the deaths in school bus-related crashes were occupants of vehicles other than the school bus, and 16% were pedestrians . About 5% were school bus passengers, 5% were school bus drivers, and 3% were pedalcyclists . Of the people injured in school bus-related crashes from 2012 to 2021, about 30% were school bus passengers, 9% were school bus drivers, and 53% were occupants of other vehicles. The remainder were pedestrians, pedal-cyclists, and other or unknown.

MOTOR VEHICLE SAFETY NEAR BUSES

Illegal school bus passing poses a significant threat to children and others on the road. In every state, it is illegal for you to pass a school bus while the stop-arm is extended and the red lights are flashing. Yellow flashing lights indicate the bus is preparing to stop to load or unload children. You should slow down and prepare to stop your vehicle. Red flashing lights and extended stop arms indicate the bus has stopped and children are getting on or off. You must stop your car and wait until the red lights stop flashing, the extended stop-arm is withdrawn, and the bus begins moving, before you can start driving again.

STUDENT SAFETY AT BUS STOPS

Your child should never walk behind a school bus. If your child must cross the street in front of the bus, tell them to walk on a sidewalk or along the side of the street to a place at least ten feet — five giant steps — in front of the bus before crossing. Your child should also make eye contact with the bus driver before crossing to make sure the driver can see that they’re crossing to avoid the danger zone. If your child drops something near the school bus, like a phone or book, the safest thing is for your child to tell the bus driver right away. Your child should not try to pick up the item, because the driver might not be able to see them.

LIABILITY FOR SCHOOL TRANSPORTATION ACCIDENTS

School districts and other governmental entities are protected from lawsuits by a legal doctrine known as “sovereign immunity.” Neither the school district nor its employees can be sued unless the district waives its sovereign immunity. This is why an insurance claim is the best way to recover money after a school bus accident. Many school districts, including Atlanta, carry insurance to cover school bus accident injuries. Also, if another driver caused the accident or if your child was being transported in a privately-owned bus, you may be able to sue the other driver or the bus company. School districts and private schools may own their own buses, but they may also contract with private bus companies to provide daily transportation or to take children on field trips or to sporting events.

Some of the most common causes and parties at fault in bus accidents include: (1) bus driver negligence; (2) equipment failure or defect; and (3) motor vehicle driver negligence. A bus driver can be negligent if he/she becomes distracted, is impaired while driving the bus, fails to obey traffic signs and laws, or drives the bus recklessly in light of weather and road conditions. Equipment can malfunction for many reasons, including the failure to properly maintain it, or a defective or worn out part. Other drivers on the road can and do cause accidents, either by not obeying traffic laws while near school buses, or by becoming distracted or negligent themselves.

Pedestrians—whether they be students, parents or passersby—near school bus stops have the same legal rights as passengers on the bus or in a motor vehicle. If a pedestrian is injured while getting on or off the bus, crossing the street or waiting on the sidewalk, they can recover the costs of their injuries, including medical care, lost wages, and pain and suffering.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in a school bus transportation related accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Extreme Heat's Effects on Transportation

Tue, 26 Sep 2023 17:37:32 GMT

Extreme Heat Takes Its Toll on Transportation

Heat, Flooding, Fires and Mudslides

Rising temperatures can affect transportation in many regions. These impacts can be both immediate and long-lasting. For example, heat affects runways, and hotter air can make it more difficult for airplanes to take flight. Heat can also damage rail tracks and cause cracks in roads. In addition, heat can pose safety risks to transportation workers and travelers. For example, vehicles can overheat and roadway joints can buckle, leading to accidents. In many regions, sea level rise, changes in precipitation, extreme weather, and heat pose risks to the transportation system. These hazards may affect system performance, safety, and reliability.

In coastal regions, rising sea levels and more extreme storms can lead to more storm surge and flooding, which can damage roads, bridges, railways, ports, and coastal airports. Increased local flooding can affect roadways and tunnels, weaken roadway materials, and cause traffic congestion. Across inland regions, heavy rains can cause flooding and mudslides, affecting highways, railways, and bridges. Lack of rain can also be a concern. Drought combined with extreme heat increases wildfire risk. Wildfires can damage transportation networks and impair drivers’ visibility.

CERTAIN COMMUNITIES HIT HARDER

Some groups are particularly vulnerable to climate change impacts on transportation. For example, more than 25 million Americans have disabilities that make traveling outside their home difficult. People with disabilities are more likely to use public transit, so they can be greatly affected when these services are disrupted.

Low-income households, older adults , and those who speak limited English often have fewer transportation options. Disruptions to these networks can further reduce access to services and resources, especially during emergencies. Studies anticipate that coastal flooding due to sea level rise will also disproportionately affect minority and low-income communities.

WHAT HAPPENS IN VEGAS…HOPEFULLY STAYS IN VEGAS

Delta Airlines’ passengers had a tough week. While on board waiting for takeoff, the cabin became very hot. Thinking that the plane would be heading to the runway soon, passengers and crew stayed onboard. However, the airplane was delayed for several hours, and the situation deteriorated. Some passengers and crew fell ill and had to be transported to the hospital. The saga ended with a canceled flight, and joined the litany of airline horror stories across social media. The Department of Transportation is investigating the incident.

STAYING SAFE

With the current heat wave, driving on any day is driving on a hot day. With that in mind, follow the safety tips below:

1. Check your tire pressure; heat can cause your tires to inflate—and blow out;

2. Check the level of your engine coolant;

3. If your engine heats up past the midway point on the indicator, turn the AC off and/or pull over to give the car a rest;

4. If the engine overheats and starts to smoke, call 911 and/or AAA, get out of the car and stay away from it;

5. Within just 10 minutes of parking your car on a 90-degree day, the interior temperature can hit 110 degrees. Don’t leave kids or pets in a parked car, even for just a few minutes, and bring plenty of water for a trip. The back seats and cargo areas of many cars don’t get as much air as the front seats, so make sure your kids, both human and furry, stay hydrated;

6. Proceed with caution in an electric car. High temperatures (and cold ones, too) can reduce the charge of your battery, sometimes by as much as 40 percent. You’ll want to take that into account when planning a trip.

CONTACT YOUR ATTORNEY

Severe weather always creates risk. Extreme heat, flash flooding from heavy rain, mud slides and smoke are all occurring in the U.S. this summer, and they all bring extra hazards to transportation. If you are involved in an accident due to a damaged road, flooding, mud slides and debris in roadways, or poor visibility due to fire, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Music Festivals: Not Always a Good Time

Tue, 26 Sep 2023 17:13:30 GMT

Accidents and Injuries

SUMMER MUSIC

It’s summer time, and that means that concerts, festivals and fairs are in full swing. These events are a great way to enjoy time outside with friends and family. But large crowds full of excited people can create hazards.

MUSIC FESTIVAL INJURY STATISTICS

Attending these large events is associated with an increased risk of injury and, in extreme cases, death. Worldwide, nearly 70,000 people suffered significant injury and 232 people died at approximately 300 outdoor music concerts held over a 10-year period, one study found.

Festival safety measures have been under intense scrutiny since a crowd surge at rapper Travis Scott’s Astroworld Festival in November 2021 killed 10 concertgoers and injured hundreds; a Post investigation found that most of the victims at the Houston event were in one tightly packed area. There has been an increase in safety procedures implemented throughout the festival circuit, including instructing artists and their crew members on what to do in the event of an emergency, such as if they spot an incident unfolding from the stage.

LIABILITY

Concert organizers are responsible for ensuring a safe venue for concertgoers. They must hire security, emergency medical services, install crowd control measures, and create exit routes. For these reasons, most cases that involve an injury or injuries at concert venues place the legal responsibility on the organizer. The circumstances of a festival injury dictate which party (or parties) may be held liable. For example:

If a stage collapse injures concert goers, the company that designed and set up the stage may be responsible.
Electrocution due to exposed or faulty wiring of stage sets could be the fault of the production team.
A sexual assault, violent attack, or mass shooting incident could be a negligent security issue.
A drunk driving accident might be tracked back to not only the driver, but a vendor that served the alcohol to an obviously-intoxicated person.
Trampling injuries might result from inadequate crowd control measures and exit routes. In the event of an emergency, there must be a plan in place to safely evacuate patrons.
Trip and fall injuries may be attributable to event staff, or a lack thereof (e.g., there were not enough people hired to pick up trash).

Festivals are insured at many levels, including with special event insurance. Many venues require event organizers to carry this type of insurance to help pay for medical expenses if a guest is injured. Vendors and contractors may have their own liability insurance as well.

GEORGIA 2023 MUSIC FESTIVALS

Georgia hosts its share of music festivals. Two well-known concerts are coming up in September: Georgia Country Music Festival over Labor Day Weekend (Sept. 1-3) and Music Midtown (Sept. 16). Music Midtown was canceled last year due to a controversy over whether guns would be allowed into the concert venue. The Georgia legislature passed the “Safe Carry Protection Act” in 2014, which allowed gun owners to carry concealed weapons on public land. The same year, a gun rights group challenged the Atlanta Botanical Garden’s ban on guns. The Garden is in Piedmont Park, the same location as Music Midtown. The Georgia Supreme Court upheld the Garden’s gun ban in 2019 , finding that long-term tenants on public land could ban guns if they wished. Short-term tenants such as Music Midtown were not afforded the same right. Fearful of the liability associated with guns being allowed on the premises, Live Nation opted to cancel the festival in 2022. Although there has been no change in Georgia’s gun laws, Music Midtown has already posted rules banning weapons at this year’s festival.

While guns add to the risks presented in mass gatherings such as concerts—particularly in light of the prevalence of drug and alcohol use—injuries and fatalities most often arise from stampedes, structural problems (e.g. stage collapsing), drunk driving, and other out-of-control crowd occurrences. Recently, members of the crowd are not the only people at risk: musicians have suffered injuries due to people in the audience throwing objects onto the stage and directly at them.

CONTACT YOUR ATTORNEY

If you have been injured when attending a concert, festival or fair, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. Dave Thomas is an attorney experienced in the recovery of medical costs, lost wages, and damages for pain and suffering associated with personal injuries.

Natural Disasters Close Schools

Mon, 25 Sep 2023 17:16:32 GMT

America's Schools Close--Again

NATURAL DISASTERS HIT SCHOOL DISTRICTS HARD

An influx of natural disasters from wildfires to floods to hurricanes to tornadoes – exacerbated by climate change – have ravaged America’s schools since students returned to in-person learning after the COVID-19 pandemic. And manmade disasters from lead in drinking water to asbestos in school buildings are playing a role.

This school year alone, devastating wildfires exacerbated by winds from Hurricane Dora ravaged one school and damaged three others in Maui. And winds from category three Hurricane Idalia destroyed the roof of an elementary school in Hoboken, Georgia. Kids attending schools without air conditioning were sent home at the beginning of the school year in Philadelphia, Puerto Rico and in other areas of the mid-Atlantic and Northeast because of extreme heat. Last school year, torrential rains and damaging winds from Hurricane Fiona ravaged schools in Puerto Rico , and schools closed in pockets of California after a bomb cyclone and Pacific storms caused flooding . A tornado in Whiteland, Indiana dismantled internet connection for families across the region.

On top of these natural disasters wreaking havoc with the ability of children to attend school, some man-made problems also shut down centers of learning. Old buildings that were found to be lined with asbestos led to closures of at least six campuses across Philadelphia – sending thousands of kids to cram into other occupied schools. Lead in drinking water supplies has disrupted classes in Jackson, Mississippi. And of course, the pandemic caused millions of students to lose crucial learning time, something for which teachers and school districts are still struggling to compensate.

Earlier this month, record-breaking temperatures across the Mid-Atlantic and Northeastern states caused schools to close or dismiss students early. A heat wave persisted that caused temperatures to rise to 10 degrees above normal, putting some 61 million people under heat advisories at one point.

Puerto Rico, the nation’s 6th largest school district, is a case study in how natural disasters of different kinds can affect the education of the district’s children. In 2017, Hurricane Maria devastated the island, closing most schools for an average of 4 months. Beginning in 2019, a series of earthquakes rocked the island, closing schools for another three months. A few weeks after they reopened, they closed again because of COVID-19. Many students struggled with virtual learning and fell far behind. In September 2022, Hurricane Fiona unleashed a furious attack on the island, causing widespread flooding and infrastructure damage. Schools shut again — a year and a half after in-person schooling had finally resumed — this time for two weeks.

THE EMOTIONAL TOLL ON STUDENTS

Feeling safe and having shelter are basic needs that must be met before people have space to worry about anything else, like acing a math test. These natural disasters — which may involve relocating to temporary housing or awaken new fears about environmental dangers — set people back. “Without these needs being met due to the aftermath of extreme weather, children will be unable to leave the angst and anxiety of having those needs unmet,” says Schubert. “It will not be possible for them to engage in other areas of life until safety and shelter is no longer their primary concern.”

HOW PARENTS CAN HELP

“Parents can play a pivotal role by demonstrating through their own behavioral responses how to cope with these disturbances,” Schubert says. He explains that during stressful times, kids are likely to watch their parents and behave similarly. Parents who model healthy coping strategies help their children cope with stressful weather events.

Extreme weather events have been increasing in frequency and severity over the last few decades — and, according to experts , will continue on this trajectory. Whether it's wildfires, hurricanes high temperatures, extreme heat , tornadoes, flooding or some other natural disaster, kids will usually notice when something is off. Talking about the extreme weather in age-appropriate ways can lead to children expressing their fears and frustrations, allowing parents and educators to better address their anxieties. If the extreme weather is directly impacting the area where you reside, it may be beneficial to start the conversation with a question," Hillary Ammon , a clinical psychologist at the Center for Anxiety & Women's Emotional Wellness , said. If there are wildfires near you, for example, she says you can say something like "Have you noticed that it looks a bit hazy outside today?" or "Have you noticed that it smelled like smoke outside?" "This can prompt your children to share what they already know about the extreme weather event so that you have a gauge of how to address it," she says.

It can be helpful to show children how you can have some control in your response to extreme weather. That can include things like staying indoors when it's smoky out or there's a heat wave and wearing a face mask outdoors when the air quality is poor. It’s important to discuss the extreme weather in a way that is age-appropriate and stick to the facts. Remember to limit their exposure to the news or images of the extreme weather to avoid raising their anxiety about the event.

CONTACT YOUR ATTORNEY

If you or someone you know has suffered injury or loss due to an extreme weather event, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Danger at State Parks

Mon, 25 Sep 2023 16:57:17 GMT

The Real Danger at Parks

DANGER AT NATIONAL PARKS

Millions of people visit America’s national parks each year, exploring the stunning terrain and breathtaking wildlife. Unfortunately, some of those parks can be more dangerous than others.

According to the most recent data released by the National Park Service, over 2,000 visitors died in national parks between 2014 and 2021. According to the most recent data released by the National Park Service, over 2,000 visitors died in national parks between 2014 and 2021. Despite the proximity to wildlife and overall freedom to traverse sometimes dangerous terrains, the leading cause of death – with the exception of fatalities deemed “undetermined” – was motor vehicle crashes, which accounted for 415 deaths over eight years. Following crashes were drownings (402) and medical-related deaths (385).

The number of c ar accidents may seem fairly high, but it makes sense, given the rural and scenic nature of most of these sites. Rural locations may empower drivers to exhibit more reckless habits with driving, such as not wearing seatbelts, speeding, distracted driving, and even driving under the influence. Further, scenic national parks usually have twisting, winding roads through mountains that can be difficult to navigate even for the most competent drivers. The potential for a crash into a tree or another vehicle – or even to careen off the road – is very real.

THE COUNTRY’S MOST DANGEROUS PARKS

Topping out the list of most dangerous National Parks is Lake Mead National Recreation Area at 145, where the single most common cause of death was drowning. Of the 385 drownings reported in national parks between 2014 and 2021, 47 happened at Lake Mead, the most of any park. The second most deadly national park was Grand Canyon National Park, which reported nearly 100 deaths over the eight-year period. Though it’s known for its panoramic cliff edges overlooking steep canyon walls, falls were not the leading cause of death in the frequently visited park. Instead, nearly half of the deaths at the Grand Canyon were listed as medically related. Some of those deaths are likely caused by the heat hikers experience in the park. Officials often warn hikers to stay hydrated, rest in the shade, and hike during the cooler parts of the day.

DEMOGRAPHIC MOST AT RISK

People of all ages and all walks of life visit our nation’s national parks. Yet men make up a disproportionate number of national park deaths, accounting for 81 percent of total fatalities.

However, deaths are relatively evenly distributed among adult age ranges, with adults age 55 – 64 leading the way at 19 percent. Thankfully, children make up a very small portion of fatalities, with 35 deaths among children age 14 and under (2 percent).

NATIONAL PARKS IN GEORGIA

The state of Georgia is home to more than a dozen different national park units, including National Historic Parks and Trails, National Monuments, National Recreation Areas, and more.

While a few parks are in South Georgia and along the coast, most are located around Atlanta and in North Georgia . According to National Park Service statistics, nearly seven and a half million people visit the 11 parks in Georgia each year, including historic sites, scenic trails, heritage and recreation areas, seashores, and military parks.

LIABILITY FOR INJURIES IN NATIONAL PARKS

The Federal Tort Claims Act (FTCA) is a federal law that was introduced in 1946 and waives sovereign immunity. It provides a legal path for individuals who have suffered injury, death, or property damage caused by the negligence of the federal government to seek compensation. So if you are injured in a national park due to a negligent act by a government employee, you may be able to file a claim. To successfully sue a national park under the FTCA, you must prove that the government employee was negligent in their actions. Negligence is defined as the failure to take reasona ble actions to prevent harm to others. Examples of negligence in a national park could include:

Failure to maintain safe hiking trails
Failure to provide adequate warning of potential hazards
Failure to properly maintain facilities such as campgrounds or picnic areas

You must file your initial administrative claim within two years of your injury, after which the government agency has six months to respond. If the agency rejects your claim, you then only have six months to file a lawsuit in federal court.

CONTACT YOUR ATTORNEY

If you were injured while visiting a national park, you should reach out to a personal injury lawyer right away. Filing an FTCA claim is a complicated process, and you must follow the required procedure exactly to avoid your case being thrown out. Working with a skilled, experienced lawyer can help you put your best foot forward and increases your likelihood of a favorable outcome.

Contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

MOVING 101

Tue, 22 Aug 2023 14:01:06 GMT

College dorm or new home: Moving can be risky

MOVING 101

With approximately 19 million students attending college, there are bound to be some injuries when moving in that first day. Common moving injuries typically occur in the neck, back and shoulders, so take time to prepare and proceed with caution while lifting and walking with heavy items. Experts at the American Academy of Orthopedic Surgeons (AAOS) offer the following roundup to help decrease chances of musculoskeletal injuries on move-in day:

Pack smarter, not harder
Between the summer heat and the potential for stairs in a walk-up dorm or apartment, it is helpful to pack items in smaller bags or boxes rather than lugging oversized, heavy boxes that are awkward to lift and carry. Look for lightweight, durable bags with handles and work to distribute the weight among all the items so these are easy to lift and carry.

A clear path to success
Tripping and falling can occur when there’s an obstacle course of boxes and bags on the floor. Make sure there is space to walk around safely by stacking items on furniture until it’s ready to be unpacked. Speaking of tripping, wear the right footwear. Sandals or shoes with heals are not as sturdy as sneakers or work boots, not to mention that open-toed shoes leave your toes vulnerable to injuries.

Conduct Dorm Room Safety Audits

Before a dorm becomes inhabited, always do a safety audit through the room. Make sure there’s nothing in the rooms that can cause serious injury. If you find any concerns, make sure you fix the issue and set strict policies to avoid injuries. Pretty much all students know to call 911 in the event of an emergency. But campus police and medical staff can also help address a situation. That’s why you should know the contact information for safety staff members all around campus. Students can opt into a service where they receive text message alerts for emergencies on campus.

PEDESTRIAN ACCIDENTS

Another accident risk at colleges is pedestrian—traffic accidents. Most students walk to get to classes, visit dining and recreational halls, and go back to their dormitories at the end of the day. While some college campuses are entirely enclosed, allowing students to walk wherever they need to get to without needing to encounter vehicular traffic, many campuses will have private or public vehicular roads running through part of the campus, while colleges that are located in cities are effectively a collection of buildings in an urban area rather than a college “campus” in the traditional sense. When college students must walk along public roads or cross-traffic intersections, they face the chance of being involved in an accident. Many pedestrian accidents are attributable to distracted drivers, with students (wrongly) assuming that an approaching driver is paying attention to the road and has noticed a pedestrian. Sometimes college students get into pedestrian accidents because they are distracted, such as by their phone, while listening to music on headphones, or while talking to a classmate.

SLIP AND FALL

Slip s and fall s are other common accidents that college students may face as they rush to class or to events around campus. A student may not notice a slippery floor surface or broken or uneven pavement that may cause them to slip or trip.

SAFETY TIPS

When using the electricity

Do not run electrical cords under rugs. If you discover any in your room, get a technician or inform the appropriate authority to fix it.
Remember to unplug extension cords when not in use.
If you notice a hot outlet, unplug all appliances and inform the concerned authorities.
Ensure electrical appliances are at safe distances from the bed.
Test the dormitory room smoke detector monthly and change the battery when needed.

Walking around

Observe the school or your area layout. You can do this during your free time. Also, take note if the buildings are well-lit at night.
Only walk the paths well-lit to your destination whenever it is dark.
Avoid going out alone at night.
Secure your keys and keep them separate from your backpack.
If you notice you are being followed, change direction and walk towards the nearest business or safer place.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an accident while moving onto campus or while walking around campus, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

AN ACCIDENT WAITING TO HAPPEN

Sun, 09 Jul 2023 17:35:36 GMT

When Construction Signs Don't Signal in Time

COUNTRY ROADS

I recently drove from Pennsylvania to Southwestern West Virginia. In the hot, baking West Virginia sun, slightly west of the state capital of Charleston, a construction sign from the ubiquitous orange barrel areas along the highway was toppled over into the left lane. With no prior warning—the sign was laying flat on the road and no orange could be seen—and traffic beside me, I had no choice but to drive over it at approximately 70mph. A horrific crunching sound occurred followed by a plume of black smoke, and I barely managed to get my car to the right side of the road before it died…as in it refused to move, leaking a sickly yellow substance (which I later learned was transmission fluid) all over the shoulder of the road.

What followed next was a hot couple of hours spent with police, tow trucks (one to get the car off the side of the road immediately, and one to tow it to a nearby repair shop), and my son who picked me up. It wasn’t until I was back at my son’s house that I realized how lucky I had been that the damage to my car was not too great, and that no one had been injured. According to a recent study conducted by the AAA Foundation for Traffic Safety, there were approximately 200,000 crashes reported to have been caused by road debris in the United States over a three-year period. These accidents resulted in 39,000 injuries and more than 500 deaths.

LIABILITY FOR ROAD DEBRIS ACCIDENTS

Road debris can range from small pieces of plastic to old mattresses to even larger debris. While most drivers manage to avoid these hazards, car crashes caused by road debris can result in serious injuries and property damage. If the debris was left on the road by a vehicle, the driver or owner of the vehicle that dropped it can be held liable for a road debris accident. All drivers have a duty to exercise reasonable care to avoid harming others on the road. If a driver fails to properly secure a load or if a driver tosses something out of their car window, the driver may be held liable for an accident that results.

If the road debris is from a construction site, the construction company can be held liable for a car accident caused by the debris if it fails to fulfill its duty to maintain a safe work zone. This includes properly securing construction materials and equipment, as well as ensuring that debris does not end up on the roadway.

My accident occurred on a West Virginia interstate under the jurisdiction of the West Virginia Department of Highways. Under premises liability laws , the owner of a road must keep the road free of dangerous conditions. Public roads are owned by government entities, which means the government entity has a duty to remove road debris that the entity knows or should know about. The city/county or state that is responsible for maintaining a road and keeping that road safe may be liable for accidents and injuries if they do not respond in a timely manner to reports of debris in the road. In my case, the sheriff that responded informed me that several other cars had also collided with the downed construction sign, and that the WVDOH was only now sending someone to remove it from the road. This is important information, since an accident attorney representing a victim must be able to prove that the agency in charge of road maintenance knew or should have known about the road debris condition and had adequate time to clean it up or post warning signs.

Holding a government entity liable for a road accident is a bit more complicated due to the doctrine of sovereign immunity which generally protects government entities from liability. In many states, sovereign immunity has been waived for certain types of claims, but there may be specific notice requirements and procedural rules that must be followed. For this reason, it’s important to talk to an experienced personal injury attorney if you are considering pursuing a claim against the government.

COMPARATIVE FAULT

Georgia is a comparative fault state, meaning that in order to recover damages for an accident, an injured party must be less than 50% at fault. In the case of road debris, if the driver of the vehicle involved in the accident was acting negligently or recklessly, then those actions are weighed against the negligence of the party that was responsible for the debris. For example, a distracted driver or a driver traveling too fast for conditions (rain, snow or night) may cause an accident after hitting debris in the road. If the accident could have been avoided had the driver not been behaving recklessly, he may be found partially liable for any injuries to himself or others.

CONTACT YOUR ATTORNEY

If you have been injured in a Georgia road debris accident, an experienced Atlanta personal injury attorney can help. Contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

ALL ABOUT THE SUMMER SOLSTICE

Fri, 23 Jun 2023 15:27:27 GMT

The Summer Solstice and Driving: What you need to know

WHAT IS THE SUMMER SOLSTICE?

The summer solstice marks the first day of the summer season, and is the longest day of the year. The word's meaning points to the optical illusion in which the sun appears to stand still on that day: "Solstice” derives from the Latin word for “sol” (sun) and “sisto” (stop). The summer solstice occurs during the hemisphere's summer. In the Northern Hemisphere, this is the June solstice (20 or 21 June) and in the Southern Hemisphere, this is the December solstice (21 or 22 of December).

The northern hemisphere is closest to the sun in early January, but this difference isn’t significant enough to affect the temperature. The reason we experience a hotter season with longer daylight hours in the summer has to do with the earth’s tilt on its axis. The North Pole is tilted toward the sun in the summer months, which is why our hemisphere has longer daylight hours with more intense sunlight (hence the heat). Due to the earth’s tilt, the northern tip will receive full sunlight on the solstice. For most of the summer, the nights are very short at this time of year. The closer you are to the North Pole, the longer your day will be, with an average of 16 hours of daylight in the UK, and 19 hours for residents of the Shetland Islands. But in the winter it’s dark for most or all of the day.

Because daylight lasts so long during the summer months in more northern regions, Slavic, Celtic and Scandinavian cultures have developed celebrations around the Summer Solstice. Celtic, Germanic, and Slavic groups in Europe used to welcome the summer solstice with bonfires because they believed the fire would harness the sun’s energy for the continuing months into harvest season. In Greek culture the god of agriculture was worshipped and servants were given equal rights to their owners during this holiday. For Egyptians, the solstice brought the beginning of the Nile flooding and thus a fruitful season full of food. To this day, the summer brings bountiful harvests, and many communities enjoy farmer’s markets during this season.

Druids considered the solstice a ‘marriage of day and night.’ Therefore many couples wed in June due to its association with luck. The midsummer moon was called the ‘Honey Moon’ —a term still used today in association with weddings. Another reaso n weddings were popular at this time was because having a child in early spring meant the baby had a better chance of surviving, and June is exactly nine months prior. Until very recently, June was considered the traditional wedding month, and is still a popular time to get married.

LONGEST BUT NOT HOTTEST

If the summer solstice marks the longest day of the year, why isn’t it the warmest? The reason is that it takes time for the Earth’s land and water to heat up, otherwise known as a seasonal lag. Similarly, in winter our coldest weather occurs in January or February, well after the winter solstice in December. The main reason for seasonal lag is that water, which covers over 70 per cent of the Earth’s surface, has a much higher heat capacity than land. That means you need to add a lot more heat to raise the temperature of water. And it also takes longer than land to warm up.

LONGER DAYLIGHT MEANS FEWER ACCIDENTS

The number of miles driven decreases substantially at night compared with daytime, yet more than half of all traffic deaths occur after dark. As a consequence, the number of fatalities per vehicle‐miles driven is significantly higher at night than during the day. Moreover, it has been shown that the number of night‐time crashes generally declines following the installation of overhead lighting, and when days are longer, as in the summer months. Other studies have highlighted the strong effect of lighting levels on fatal pedestrian crashes, with pedestrians being three to seven times more vulnerable in the dark than in the daylight.

100 DEADLIEST DAYS

Despite the above data, summer holidays are a significantly more dangerous time to be driving. “100 deadliest days of summer” refers to the period between Memorial Day and Labor Day, the unofficial start and end dates of summer. Car crash rates are statistically higher during this time, especially for teen drivers. Consistent with the fact that fewer accidents occur during daylight hours, most accidents occur on the weekend in the late night and early morning hours. According to IIHS, July 4th is the day of the year that has the highest number of fatal car accidents, with Memorial Day and Labor Day not far behind.

One of the main reasons motor vehicle accidents occur more frequently on these summer holidays is the use of alcohol by drivers. Teen drivers in particular engage in risky behaviors such as speeding, texting and alcohol/drug use. In 2015, the CDC’s Youth Risk Behavior Surveillance System (YRBSS) found that 42% of high school students who had driven in the past 30 days admitted to sending a text or email while driving. Students who admitted to frequent texting were also more likely to engage in other risky driving behaviors, such as drinking. In 2014, 17% of drivers between the ages of 16 and 19 who were involved in fatal crashes had a BAC of .08% or higher.

CONTACT YOUR ATTORNEY

While summer is a time of celebration—be it for the summer solstice or holidays—it is important to remember that good driving requires careful attention, sobriety, and favorable lighting and road conditions. If you or someone you know has been involved in a motor vehicle accident, contact Dave Thomas at The Thomas Law Firm . As an experienced personal injury attorney, Dave Thomas will discuss your claim and your potential recovery of damages. Contact The Thomas Law Firm today for a free evaluation of your legal rights.

DEATH OF ACTOR HIGHLIGHTS RISKS TO MOTORCYCLISTS

Thu, 15 Jun 2023 15:26:22 GMT

Motorcycle Fatalities Increase

THE TRAGIC DEATH OF A BELOVED ACTOR

On June 12, 2023, Vermont State Police said in a statement that actor Treat Williams was critically injured in Dorset about 4:53 p.m. Monday when a Honda SUV turned in front of him, ending in a collision that threw Williams from his 1986 Honda motorcycle. He was taken to Albany Medical Center in Albany, New York, where he was pronounced dead, state police said. The driver of the SUV, who was uninjured, was not cited; an investigation into the collision was ongoing, police said. Treat Williams was 71, and his 50 year acting career was ongoing at the time of his death.

SUVs CAUSE MORE LETHAL INJURIES

According to the Insurance Institute for Highway Safety (IIHS), the Abbreviated Injury Scale is used to assess injuries by body region. On it, the average scores for head injuries inflicted by SUVs were 63 percent higher than for those caused by cars. There were no statistically significant severity differences between vehicle types for injuries to other regions. The Injury Severity Score combines the injuries from the different body regions into an overall assessment. Using that method, trauma to the body as a whole was 55 percent higher for accidents with SUVs than for accidents with cars.

MOTORCYCLE CRASH STATISTICS

In 2020 there were 5,579 motorcyclists killed, 14 percent of all traffic fatalities. This is the highest number of motorcyclists killed since 1975. The number of motorcyclist fatalities in 2020 increased by 11 percent from 2019, from 5,044 to 5,579. In states without universal helmet laws, 57 percent of motorcyclists killed in 2020 were not wearing helmets, as compared to 11 percent in states with universal helmet laws.

The most harmful event in 2020 for 3,138 (55%) of the 5,715 motorcycles involved in fatal crashes was collisions with motor vehicles in transport. In two-vehicle crashes, 76 percent of the motorcycles involved in fatal crashes were struck in the front (only 7 percent were struck in the rear). Head-on collisions are one of the most dangerous kinds of accidents for riders because of the mismatched amount of force involved (cars typically weigh four times as much as motorcycles) and the lack of safety features on motorcycles.

In 2019, NHTSA reported that in nearly half of all fatal crashes involving a car and a motorcycle, the car was turning left at the time of the crash. Cars turning left typically strike oncoming or passing motorcycles in intersections. Left-turn right-of-way laws are clear: drivers turning left must yield to other traffic. So, the driver of a car who hits a motorcycle while turning left will almost certainly be at fault. But motorcyclists might share fault in left-turn accidents if they speed, run a red light, or ride in the wrong lane.

LIABILITY IN MOTORCYCLE ACCIDENTS

Like motor vehicle drivers, Georgia motorcyclists must purchase liability insurance. Since Georgia is a fault accident state, drivers who are responsible for accidents must pay for their victims’ damages. Liability insurance helps drivers uphold this financial responsibility in case they cause a collision.

Georgia law requires that motorcyclists carry insurance in the following amounts:

$25,000 for bodily injury or death per person per accident
$50,000 for total bodily injury or death per accident
$25,000 for property damage per accident

Failure to comply with Georgia’s insurance requirements can result in severe penalties; the state may revoke or suspend your vehicle registration.

Georgia law requires motorcyclists of all ages, as well as their passengers, to wear a helmet while riding. This helmet must comply with requirements established by the United States Department of Transportation (DOT). Approved headgear will be labeled as DOT certified.

Georgia Code § 9-3-33 gives people two years from the date of a motorcycle accident to file a lawsuit against any at-fault parties. But depending on the specific circumstances of the case, the timeline could be even shorter.

DAMAGES IN MOTORCYCLE ACCIDENTS

Injuries incurred in motorcycle accidents frequently include: bone fractures, spinal injuries, burns and lacerations, facial disfigurement and crush injuries. Damages are commonly sought for medical costs, pain and suffering, loss of consortium, and lost wages/earning potential.

Hiring an experienced personal injury attorney is key to recovering all the damages injured motorcyclists deserve. If you have been involved in a motorcycle accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

AIR POLLUTION AND DRIVING: A BAD COMBINATION

Fri, 09 Jun 2023 20:13:36 GMT

AN UNEXPECTED BORDER CROSSING

AN UNWANTED IMPORT

This week we have seen some of the worst air pollution in memory. “Smoke from Canadian wildfires continues to be transported south by winds into the U.S. resulting in moderate to unhealthy air quality across parts of the Northeast, mid-Atlantic, Ohio Valley, and Midwest on Friday,” the National Weather Service reported. The oppressive smoke this week has postponed professional sports games, grounded flights due to poor visibility, shuttered zoos and beaches and forced many to mask up outdoors. About 50 million people across several Midwest and East Coast states were under air quality alerts early Friday, but the number could change as conditions improve in some areas.

Pollution from Canada’s wildfires is particularly dangerous because it contains tiny particulate matter, or PM2.5, the tiniest of pollutants. When inhaled, it can move deep into lung tissue and enter the bloodstream. It comes from sources including the combustion of fossil fuels, dust storms and wildfires. Such smoke has been linked to several health complications including asthma, heart disease and other respiratory illnesses.

THE LINK BETWEEN AIR POLLUTION AND TRAFFIC ACCIDENTS

Driving performance is a key component of road safety, and a driver’s cognitive and behavioral capacities affect the driving performance. Air pollution negatively affects the cognitive and behavioral capacities, causing impulsivity, irritability, and aggression. Air pollution also causes haze that diminishes the visibility of roads.

Air pollution can lead to traffic accidents either by reducing the road visibility or impacting the driver’s health and cognitive abilities. Scientists who studied the relationship between air pollution (which is measured by PM2.5) and traffic accidents (which are measured by fatalities caused by accidents while route and light conditions, weather factors, and driver’s drinking behaviors are controlled) used data at the county level for the years 2011-2015 from 28 counties across the United States. The study found a positive and statistically significant relationship between air pollution and road traffic accidents(RTAs).

In addition, air pollution can lead to more severe road traffic injuries, or RTIs. Moderate or unhealthy air quality index, higher exposure to particulate matter ≤2.5 μm in diameter, bicyclists or pedestrians, greater road width, nighttime, and higher temperature and relative humidity were significant risk factors for severe injury. Exposure to nitrogen oxide and ozone did not increase the risk. Sensitivity analyses showed consistent results between air pollutants and the risk of severe injury. Poor air quality and hot and humid weather conditions were associated with severe RTIs. Active commuters were at higher risk of sustaining severe RTIs.

SAFETY PRECAUTIONS DURING TIMES OF HIGH AIR POLLUTION

There are several things you can do to minimize the effects of severe air pollution on your driving performance and to deal with poor road visibility due to smog:

1, Driv e with the air conditioning on the air-recirculating setting to keep the levels of ultrafine particulates within what’s considered to be safe levels.

2. Drive on a route that’s a bit longer but has less traffic, and keep a practical distance between yourself and the next car.

3. In places where the overall air quality is unhealthy no matter where you are, many people opt to wear masks. In parts of Asia, masks have become so prevalent they’ve turned into fashion statements, with people wearing many different colors and patterns. Do they really work? The short answer is yes. Even a basic mask, such as those worn in hospitals, can reduce the amount of particulates getting through. That said, while professional masks can remove more than 90 per cent of particulates in the air , they must be fitted properly to be effective.

4. Biking to work or just for exercise is great, but in times of high air pollution, altering the route may be a good idea. Unfortunately, most bike routes follow larger roads where there’s a significant amount of traffic exhaust with which to contend. Taking side streets that aren’t as busy or timing your trip to avoid rush hour will lower your exposure to exhaust and make your commute even healthier.

CONTACT YOUR ATTORNEY

If you are involved in a RTA and sustain a RTI, contact Dave Thomas at The Thomas Law Firm . Dave Thomas is an experienced and highly skilled personal injury attorney who will give you a free evaluation of your legal rights. He can help you determine what costs can be recovered--such as medical and rehabilitative costs, lost wages, and damages for pain and suffering--so that you can get back to the life you want.

SWIMMER BEWARE

Fri, 02 Jun 2023 17:34:30 GMT

A Lifeguard Shortage Leads to Increased Risk

Memorial Day Weekend is traditionally when outdoor swimming pools open for the summer.

This year, however, not all pools (and beaches) opened due to a shortage of lifeguards. According to the American Lifeguard Association , about a third of more than 309,000 public pools in the nation are affected by a lifeguard shortage. The main problem is the pandemic “wiped the slate of certified lifeguards completely clean,” Bernard J. Fisher II, director of health and safety at the Lifeguard Association stated. The pandemic took a toll on the number of lifeguards; for two years there was very little lifeguard training, and lifeguard certifications expired.

Being low on staff can lead to a higher risk of pool injuries or even drownings. Across the country communities are feeling the strain – for the third year in a row – and the American Lifeguard Association is warning that pools and beaches may shut down if they aren’t adequately staffed. Some facilities and venues that are unable to keep lifeguards on staff have just two options: shut down altogether or become a swim-at-your-own risk venue. Adam Katchmarchi, executive director of the National Drowning Prevention Alliance, said what scares him is some facilities will choose to operate when they don’t have enough safety staff, which will put their patrons more at risk.

Local governments are trying various ways to attract lifeguards, from signing bonuses and incentive pay for staying at a pool more than 2 months, to increased hourly wages and reduced hours of operation. But some experts point out that simply increasing wages may not solve staffing issues because not enough people are training to be lifeguards.

SWIMMING INJURIES AND FATALITIES

Nonfatal drowning injuries that were pool- or spa-related spiked 17% in 2021, a 2022 U.S. Consumer Product Safety Commission report found. Hospitals reported treating 6,800 injuries of children under 15, compared to 5,800 injuries in 2020. The Center for Disease Control estimates that 11 people die every day due to drownings in the United States. That is an average of 3,960 drowning deaths each year. There were about 1.23 deaths for every 100,000 people every year from 2015-2019 in swimming pools. Drowning is the leading cause of injury-related death among children between 1 and 4 years old and it's the third leading cause of death among all children.

SAFETY TIPS

The Lifeguard Association emphasizes the importance of a designating a water watcher — someone in the group who will keep a close eye on the kids. Children who are novice swimmers should also wear life jackets approved by the U.S. Coast Guard whether they're at the beach or a community pool.

Swim tests are a great way to improve protection at public pools. Swim tests help identify weak swimmers and add additional protection-based protocols to their swim. Once identified, non-swimmers and/or weak swimmers may have area access restrictions imposed on their swim. These restrictions limit their pool activities to situations that are less likely to require a rescue.

Many pools use a deep end test to determine if swimmers are allowed in certain sections of the pool (often referred to as a Deep End Test). If a swimmer cannot pass a strict evaluation of their swimming skills (example: one length front crawl, one length backstroke, 60 second tread water) they are not allowed in a certain area of the pool. Deep or hazardous areas are often separated and delineated by a float line and drop-off paint stripe at the bottom of the pool. Other facilities opt for swim tests that identify swimmers who need to be accompanied by adults in the pool. If a swimmer cannot pass a structured evaluation (or if they require any type of floatation device), they are required to be within arms-reach of a parent or guardian.

In addition to the above, swim lessons are key to safety in water. Learn-to-swim programming can dramatically reduce individual risk of drowning. Access to swimming lessons directly correlates with reduced likelihood of aquatic injury and death associated with unintentional submersion. CPR training for both you and your child is also very helpful in crisis situations. Since not all swimming pools have trained lifeguards on deck, well-trained layperson responders can have a positive impact on victim outcomes if they know CPR, or have been trained to use an available AED.

Last but not least, do something that is extremely difficult today: get rid of distractions. Put the cell phones away, forget about all the other things you have to do and give young children 100 percent of your attention when they are near or around water. Not only will the chi ldren be safer, but you will enjoy the time more too.

LIABILITY FOR SWIMMING POOL ACCIDENTS

Liability for swimming pool accidents usually depends on the premises liability law of your state. Pool owners, whether they are owners of a private pool or a pool in a public setting, can be held liable when a visitor or swimmer is injured under the usual rules of premises liability for the state where the pool is located. Public pool owners must comply with specific federal and state regulations to keep the pool safe and the appropriate safety equipment installed.

Both public and private pool owners have a responsibility to abide by specific safety requirements set by Georgia law. To seek a personal injury claim related to a pool injury, you must prove that the property owner’s negligence caused or led to the accident. In the state of Georgia, pool injury legal claims fall under premises liability law, which requires the owners of real estate property to take specific measures to ensure the safety of any visitors.

Negligence at a public or commercial pool can include a lack of lifeguards, failing to properly train lifeguards, or failing to recognize and correct ongoing negligence among lifeguards.

A commercial or public pool owner or operator may also be liable for negligent maintenance of its facility that leads to injury. Damaged pool drains, diving boards, decks, ladders and fences are all potentially hazardous conditions that may cause injury. Failure to properly treat the water can lead to poor visibility, making it difficult if not impossible for lifeguards to see submerged swimmers. This can also be grounds for a claim based on negligence.

It is important to note that, in almost all cases, compensation for a swimming pool accident claim is paid through a business or homeowner’s liability insurance, not from the pool owner’s personal assets.

CONTACT AN ATTORNEY

If you or someone you know has been involved in a swimming accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

TRIP CHECK: GET READY FOR THE HOLIDAY WEEKEND

Thu, 25 May 2023 16:53:24 GMT

Americans Hit the Road

A RECORD-BREAKING TRAVEL WEEKEND

More than 42 million Americans are expected to travel for Memorial Day this year, marking a notable increase from last year and making it one of the busiest Memorial Day weekends on record. In total, 42.3 million Americans are expected to travel 50 miles or more from their homes over the Memorial Day holiday weekend (known as the unofficial start of summer) from Thursday, May 25, to Monday, May 29, according to AAA . That represents a 7 percent increase — or 2.7 million more people — compared to the same time period in 2022.

More than 37 million Americans will hit the road and road trips will see a 6 percent increase compared to 2022. The increase is spurred by lower prices at the pump, with a gallon averaging about $3.54 nationally, according to AAA . Last year, the average was more than $4 per gallon over the holiday weekend. Travelers who are driving and want to beat traffic should avoid heading out on Friday, May 26, which is expected to be the busiest day on the roads. The least crowded driving days will be Saturday and Sunday while the best times to drive are in the mornings or after 6 p.m.

WHERE ARE PEOPLE GOING?

AAA booking data for the Memorial Day weekend shows tourist hotspots like Orlando, New York City, and Las Vegas are top domestic destinations. Cruise port cities in Florida and Alaska, as well as Seattle, are high on the list given the 50% increase in domestic cruise bookings compared to last year. Other popular U.S. cities this Memorial Day include Denver, Boston, Anaheim, and Canton, Ohio – home of the Pro Football Hall of Fame.

FURRY FRIENDS

Part of the joy of a road trip is that you have the option to bring your furry friends along. Use a no-spill water bowl that attaches to the back of your car's headrest to make sure they stay hydrated. Plan to stop at restaurants with patios where your pet can join you, and don't ever leave your pet alone in the car. Inside temps can rise above 100 degrees Fahrenheit in just a few minutes. At the end of the day, relax and unwind in a pet-friendly hotel.

SAFETY TIPS

If you are planning to drive any distance over the holiday weekend, make sure your vehicle is ready for the road. Check fluid levels—oil, windshield wiper, freon—and make sure tire pressure is correct. Pack a first aid kit, snack bag and plenty of water. Be sure to make use of GPS or apps like Google Maps or Waze, and include a mobile charger for your phone in your car. Do not drive when tired or impaired.

No matter how prepared and careful you are, accidents can still happen. If you are involved in a traffic accident over Memorial Day Weekend, contact an experienced personal injury attorney right away. Remember to take pictures of any property damage, and get names and contact information for any witnesses to the accident. Be sure to get a copy of the police report. Document any and all required medical treatment due to the accident. Property damage, medical and rehabilitation costs, lost wages and loss of future earning potential, pain and suffering and emotional distress are all compensable damages.

CONTACT YOUR ATTORNEY

If you are in an accident this holiday weekend, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

NATIONAL BIKE TO WORK DAY

Thu, 18 May 2023 17:28:42 GMT

Celebrate Biking to Work

NATIONAL BIKE TO WORK WEEK

This year’s Bike to Work Week — observed each year in the week of Bike to Work Day, which falls on the third Friday of May — runs from May 15 to May 21. Held as a celebration of biking to work, this week is a part of National Bike Month (see our previous blogs this month: https://www.dmthomaslaw.com/national-bike-month and https://www.dmthomaslaw.com/is-georgia-a-bike-friendly-state ).

Bike to Work Week is an event celebrated across the United States each May to encourage and celebrate bicycling to work and to promote public awareness of bicycling and bike safety. Bike rides to any location (not just work!) are eligible to participate in the event. During Bike to Work week and beyond, community members are encouraged to Bike There! 40% of all trips in the U.S. are less than two miles, making bicycling a feasible and fun way to get around.

BIKE TO WORK WEEK IN GEORGIA

Various events are planned in Georgia to celebrate bike to work week. See: https://www.midtownatl.com/about/midtown-transportation/bike-to-work-week-20 23 . Celebrate National Bike Month and complete National Bike to Work Week with all your family and friends at the Kroc to L ock bike ride. This is a family-friendly way to enjoy the day aboard your bike at your own pace. The approximately 10 mile ride will start at Kroc Augusta, proceed up the Augusta Canal Towpath to the Headgates (or turn around anywhere along the way) and then head back to the green space at the Kroc for a post-ride picnic!

THE BENEFITS OF BIKING

There are many benefits to getting around by bike:

Fit in your workout while running errands
Save on gas and car maintenance costs
Enjoy the outdoors
Join a community
Improve your commute
Lower your carbon footprint
Free parking!

SAFETY CONSIDERATIONS

Nearly 1,000 bicyclists die and over 130,000 are injured in crashes every year that occur on roads in the United States. The costs of bicycle injuries and deaths from crashes typically exceed $23 billion in the United States each year. These costs include spending on health care and lost work productivity, as well as estimated costs for lost quality of life and lives lost. Most bicyclist deaths occur in urban areas. According to the Insurance Institute for Highway Safety (IIHS), 79% of bicyclist deaths in 2020 occurred in urban areas. App. 64% of bicyclist deaths occur on sections of roads away from intersections (where higher speeds might occur) and 27% occur at intersections. App. one-third of crashes that result in a bicyclist’s death involve alcohol for the motor vehicle driver and/or bicyclist. The IIHS further reports that, of those bicyclists over 20 years old who were killed in 2020, 18 percent were legally intoxicated at their time of death. See: https://www.cdc.gov/transportationsafety/bicycle/index.html .

INSURANCE COVERAGE FOR BICYCLE ACCIDENTS IN GEORGIA

If the driver of a vehicle was at-fault for your bicycle accident, their auto liability insurance would normally cover your injuries and losses. If they do not have enough insurance to cover the accident, you can also turn to your UM/UIM coverage. However, in cases where a bicyclist is at fault, their health and homeowner insurance may come into play. Personal injury protection insurance, or PIP, is not required or even available in Georgia. Instead of PIP insurance, Georgia insurance companies offer medical payments insurance (sometimes called MedPay), which helps with hospital bills resulting from a car accident.

So when a bicyclist is injured in an auto accident, there is a good chance their injuries and losses are covered by some form of insurance. That said, insurance policies are filled with a variety of fine-print coverage exclusions. To make sure you know exactly what is covered, consult an experienced personal injury attorney. Recovery for a bicycle accident can include: medical costs; lost work wages and lost income potential; pain and suffering; emotional distress; personal property damage; and out-of-profit travel expenses incurred for medical appointments and rehabilitation services.

CONTACT YOUR ATTORNEY

If you have been involved in a bicycle accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

IS GEORGIA A BIKE-FRIENDLY STATE?

Sat, 13 May 2023 18:55:04 GMT

The Bicycle Friendly State Program

BICYCLE FRIENDLY STATES

The Bicycle Friendly State program was launched in 2008 in order to better understand state efforts related to bicycling and provide a comparative framework that allows states to easily identify areas of improvement. By ranking the states, the hope is that states and the public can easily understand the relative strengths and weaknesses of each state’s efforts related to bicycling. As of 2022, Georgia ranked #24/50 for being a Bicycle Friendly State. For details on how this ranking was derived, see: https://bikeleague.org/bfa/states/ranking/ .

The primary focus of the Bicycle Friendly State program is on the efforts of state Departments of Transportation, governors, and state legislators. These three groups are powerful policymakers and implementers who significantly impact conditions for bicyclists in each state. Other departments that play a key role in state biking policies and programming include: Departments of Health, Natural Resources, Highway Patrol, and Motor Vehicle Licensing.

In addition to ranking states, the Bicycle Friendly State program also issues report cards for every state with respect to their facilitation of safe biking in their communities and cities. In each report card you will find:

Feedback based on survey data and suggestions from state advocates and agencies. This section recognizes the progress made and important steps that can be taken to improve bicycling.
5 Bicycle Friendly Actions and whether each state has taken them. Each of the 5 Bicycle Friendly Actions is an action that the League of American Bicyclists believes EVERY state should take.

For more detailed information on Georgia’s report card, see:

https://bikeleague.org/wp-content/uploads/bfareportcards/bfs/2022/georgia.pdf .

LAWS APPLICABLE TO BICYCLES

In Georgia, as in most states, a bicycle is legally a “vehicle.” This classification means that general vehicular traffic laws apply to the operation of a bicycle. Some notable laws pertaining to the operation of bicycles are the following:

§ 40-6-144 Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway;

§ 40-6-294. (a) As used in this Code section, the term ‘hazards to safe cycling’ includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle; (b) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:

(1) Turning left;

(2) Avoiding hazards to safe cycling;

(3) The lane is too narrow to share safely with a motor vehicle;

(4) Traveling at the same speed as traffic;

(5) Exercising due care when passing a standing vehicle or one proceeding in the same direction; or

(6) There is a right turn only lane and the person operating the bicycle is not turning right; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road;

§ 40-6-296. Lights and other equipment on bicycles: (a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle…(d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.

ACCIDENTS AND THEIR CONSEQUENCES

Biking is good exercise, and therefore good for the biker. Biking is also good for the environment, and alleviates traffic congestion at the same time. Biking is not without risks, however. Because bicycles are legally classified as vehicles and ride on roads alongside motor vehicles, accidents between bicycles and motor vehicles inevitably occur. Because cyclists are not very protected (even when wearing appropriate safety gear such as a bike helmet), any collision between a bicycle and a motor vehicle tends to injure the cyclist much more than the driver of the vehicle. Unfortunately, Georgia has a high fatality rate pertaining to cyclists when compared to other states: more than 340 bicyclists and pedestrians were killed in crashes in 2021 alone.

Two recent collisions in Georgia illustrate the dangers associated with bicycling. Authorities say a man died after he was struck by two motorists while riding a bicycle along Georgia road (Nov. 2022) and an SUV struck and killed a man pushing his bicycle on Historic Highway 17 in Stephens County early Sunday morning of Labor Day Weekend (Sept. 2022). Earlier in June 2022, there were two fatalities involving bicyclists in one week in Central Georgia -- one in Putnam County and the other on Broadway at Mead Road.

NATIONAL BIKE SAFETY MONTH

During the month of May when National Bike Safety is celebrated, cyclists and drivers alike should reacquaint themselves with laws pertaining to sharing the road safely. Drivers should commit to keeping distractions to a minimum—no texting while driving, limiting bluetooth and GPS, and keeping music and talking in the vehicle to a level low enough that outside traffic sounds can be heard. Biking is a great sport and an environmentally friendly mode of transportation; we should all encourage its safe practice.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in an accident involving a bicycle and a motor vehicle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

NATIONAL BIKE MONTH

vxed7b4k2f4e9lsw — Sun, 07 May 2023 17:47:39 GMT

Celebrate Biking Safely

CELEBRATE NATIONAL BIKE MONTH

National Bicycle Safety Month is celebrated every year in May. During National Bicycle Safety Month, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (N.H.T.S.A.) urges bicyclists and motorists to share the roadways by obeying the traffic laws and respecting each other’s rights. National Bicycle Safety Month was created to remind the public to put “safety first.” Whether you are a beginner, a regular biker, a day-tripper, or an athlete, cycling is good for you. It is a healthy, low-impact exercise that people of all ages can enjoy. It is also fun, cheap, and good for the environment.

National Bicycle Awareness Month was first celebrated in 1956. The League of American Bicyclists proposed encouraging healthy exercise by riding bikes. The first bicycle was built in 1839 by a Scottish blacksmith, Kirkpatrick Macmillan. After his invention, various European inventors added elements familiar to today’s bike, such as the rear-wheel-drive and hand-operated brakes. This invention helped to ease transportation then and is still doing so now. It is the most efficient human-powered means of transportation regarding the energy a person must expend to travel a given distance.

There are so many ways to celebrate Bike Month and to #BikeThere: during Bike to Work Week (May 15-21, 2023); Bike to Work Day (May 19, 2023); National Ride A Bike Day (May 7, 2023) #BikeDay; or just biking to coffee or around the block.

BIKE SAFETY

Bicycling is one of the best ways to get exercise, see the sights and reduce your carbon footprint. However, bicyclists face a host of hazards. They often must share the road with vehicles, and injuries can happen even on a designated path. The number of deaths from bicycle incidents increased 6% in 2019 and 37% in the last 10 years, from 793 in 2010 to 1,089 in 2019, according to Injury Facts® . Of the 1,089 bicyclist deaths in 2019, 712 involved motor vehicles. See: nsc.org .

In 2019, there were 236 pedestrians and 21 bicyclists fatally injured in motor vehicle traffic crashes in the state of Georgia. Georgia is a modified comparative fault state, meaning a bicyclist must be less than 50% at fault for their accident in order to recover damages. So just because a bicycle rider is negligent and that negligence contributes to an accident does not mean that the rider cannot recover for injuries and damages. For example, riding too fast in the rain could put a rider’s fault level at 30%. As long as the rider is less than 50% at fault, the rider will still be eligible to recover damages.

SAFETY TIPS

There are many safety precautions that bicyclists can take in order to stay safe on the road. Here are a few tips:

Avoid biking at night without a light or reflective gear
Follow all traffic rules
Ride in the bike lane if available
Do not bike while under the influence
Avoid biking while distracted, including being on the phone or listening to music

EVENTS IN ATLANTA

Atlanta Cycling Festival 2023 will take place May 13-20th: https://www.atlantacyclingfestival.com

Pedal the Parks Brookhaven May 7, 2023: https://georgiabikes.org/event/pedal-the-parks-brookhaven/

CONTACT YOUR ATTORNEY

If you have been involved in a bicycle accident, either as a bike rider or driver of a motor vehicle, contact the experienced personal injury attorney Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

E-SCOOTERS: AS POPULARITY RISES, SO DO ACCIDENTS

Fri, 28 Apr 2023 15:54:57 GMT

Micromobility Gains Traction

A RISE IN POPULARITY LEADS TO A RISE IN ACCIDENTS

The number of e-scooter-related emergency roo m visits in the U.S. has surged by nearly 450% from 7,700 in 2017 to 42,200 in 2021, according to a recent report from the U.S. Consumer Product Safety Commission. Those estimates likely represented an undercount, the federal agency added. The vehicles can become safety hazards for many reasons, such as when they obstruct sidewalks when parked, are used by riders who are inexperienced, distracted or impaired, and when colliding with cars or pedestrians on sidewalks or roadways, according to a report published by the National Academies of Sciences, Engineering, and Medicine and the Transportation Research Board.

CAUSES OF E-SCOOTER ACCIDENTS

Many of the factors contributing to bicycle accidents also contribute to e-scooter accidents: inexperience of the rider; impairment of the rider; lack of a separate lane; heavy traffic. Infrastructure can also factor into safety, as evidence shows that jurisdictions with more extensive bike lane networks were safer for e-scooter use, the TRB report stated. Many accidents involve physical structures such as curbs, maintenance hole covers and utility poles. In addition, roadway irregularities such as potholes and uneven surfaces are a greater danger to scooter riders than to bicycle riders, according to the report. A number of other conditions can factor into crashes. CPSC found that 21% of victims cited darkness or other visibility problems, and 26% of riders said they were carrying something.

THE NUMBERS

Here’s what the latest data show:

There were more than 190,000 emergency room (ED) visits due to all micromobility products from 2017 through 2020. ED visits had a steady 70% increase from 34,000 (2017), 44,000 (2018), 54,800 (2019) to 57,800 (2020).
Much of the increase between 2017 and later years was attributable to ED visits involving e-scooters, which rose three times as much, from 7,700 (2017), to 14,500 (2018), to 27,700 (2019) and 25,400 (2020).
Injuries happened most frequently to upper and lower limbs, as well as the head and the neck.
CPSC is aware of 71 fatalities associated with micromobility products from 2017 through 2020, although reporting is incomplete.

Four people died while riding an e-scooter in metro Atlanta last year. Each victim died after a collision with a motor vehicle—a car, a truck, and in one case, a county bus. It’s unclear if any of the riders was wearing a helmet. More people have died on e-scooters in Atlanta than in any other city worldwide .

GEORGIA’S EFFORTS TO INCREASE SAFETY OF E-SCOOTERS

With the steady increase in use of e-scooters o n city streets and college campuses, Emergency Department doctors have seen a corresponding increase in injuries from the use of these micromobility devices. In light of this, the Georgia Governor’s Office of Highway Safety teamed up with Shepherd Center to create Scoot Safe, the first federally funded, evidence-based e-scooter injury prevention campaign in the nation. See: https://scootsafega.com .

Shepherd Center, a hospital specializing in treatment of brain and spinal cord injuries, has observed rising e-scooter-related injuries – 44% of them brain injuries. Despite this trend, national research shows most e-scooter riders who were injured in crashes were not wearing helmets. Since 2018, there have been 11 reported scooter deaths in Georgia – a fatality rate drastically higher than the national average.

SAFETY TIPS

The best way to avoid injuries when using micromobility products:

Always make sure to wear a helmet.
Before riding an e-scooter, make sure to check it for any damage, which includes examining the handlebars, brakes, throttle, bell, lights, tires, cables and frame. Damage to the e-scooter can cause loss of control and lead to a crash.
Be sure to comply with local regulations regarding use of e-scooters on sidewalks or roads, bike lanes, and any other infrastructure.
Never operate an e-scooter while impaired.

CONTACT YOUR ATTORNEY

If you have been involved in an accident with an e-scooter, contact the experienced personal injury attorney Dave Thomas at The Thomas Law Firm.

SCANDALS ON THE HIGH COURT

Fri, 21 Apr 2023 15:04:16 GMT

A Violation of the Public Trust

THE SCANDALS

For weeks, stories about the latest financial scandal connected to Supreme Court Justice Clarence Thomas have been circulating through Washington, D.C., the Courts, and the media. Thomas has been the focus of previous investigations, and his wife’s political activism has also been the source of inquiry into whether a conflict of interest might exist between Ginni Thomas’ allegiances and Justice Thomas’ participation in certain cases.

The most recent scandal involves gifts to Thomas from Conservative mega donor Harlan Crow. In a story titled “Clarence Thomas and the Billionaire,” released on April 6, 2023, ProPublica outlined Thomas’ many trips aboard Crow’s private yacht and jet, excursions to Crow’s private resort, and perhaps most troubling, the real estate deals concerning property in Georgia between Thomas and Crow. One of the properties is in Savannah, Georgia, where Thomas’ mother lives.

CALLS FOR JUSTICE THOMAS’ RESIGNATION

On Wednesday, April 19 at 1 PM, Congressman Hank Johnson (GA-04), ranking member of the Judiciary Subcommittee on Courts, called on Supreme Court Justice Clarence Thomas to resign. The press conference came in the wake of ProPublica(link is external) and Washington Post reports showing the justice indulged himself and his wife in privately paid luxury travel, exorbitant gifts and sweetheart real estate deals with a billionaire Republican megadonor – none of which the justice disclosed.

The failure to disclose the plane and yacht trips appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts. The real estate deals and income claimed from a now-defunct company are additional ethical quagmires that present possible violations of a judicial code of conduct expected of all federal judges. Although not law, the code of conduct requires judges to avoid even the “appearance of impropriety.” This code is advisory for Supreme Court Justices, but nonetheless usually followed.

PUBLIC TRUST

The reason that judges are supposed to avoid even the appearance of impropriety is simple: accepting lavish gifts can be seen as affecting the impartiality needed by judges to rule on the cases before them fairly. As Georgia Congressman Johnson stated at his press conference, “billionaire Crow bought properties from Justice Thomas and his relatives for at least double what Justice Thomas had said they were worth. That was wrong. And even though the law clearly required him to disclose these real estate deals, Justice Thomas hid them. Now, we even know that Crow bought and renovated the house where Justice Thomas’ momma lives, and now we are hearing reports that Justice Thomas’ mom, has been living rent free since Harlan Crowe became her landlord almost 10 years ago.”

Even if these real estate transactions are not themselves illegal, the failure to disclose them might be. Arguably what is worse is the appearance of impropriety that the transactions create; namely, that Crow could exert influence over Justice Thomas because Thomas is somehow in his “debt.” Avoiding this appearance of impropriety is the reason there are strict rules governing what members of Congress can accept as “gifts” from people.

THE PUBLIC PERCEPTION PROBLEM OF THE SUPREME COURT

The Supreme Court is already undergoing a public relations problem, and Justice Thomas’ newly revealed scandals only add to the public’s mistrust of the High Court. Several of the Justices have been vocal about their ideological views, leading many observers to question the Justices’ ability to decide cases on their merits rather than based on an agenda. Recent public opinion polls show the Court at its lowest approval rating on record. And although immediate court reforms seem unlikely, research suggests that if more Americans were to update their perceptions to accurately reflect how conservative the Court has become, then support for reforms — such as expanding the size of the Court or imposing term limits on justices — will likely rise.

More seriously, a deeply unpopular Court issuing rulings, either on the right or on the left, that are unsupported by public opinion will test the rule of law. We are certainly not yet at the point where the rule of law is threatened, and the relationship between public opinion and the Court is complicated. It’s possible the Court’s rulings could move in a more moderate direction, maybe in response to public outcry.

Rep. Hank Robinson concluded his press conference with the statement: “To protect what little is left of public trust and respect for the United States Supreme Court, Justice Thomas must resign immediately. It's not enough to amend and try to hide your corruption. It's too late for that.”

CONTACT YOUR ATTORNEY

If you have been injured and want an experienced personal injury attorney who will fight for your legal rights and ensure that your claims are adjudicated fairly, contact Dave Thomas with The Thomas Law Firm for a free consultation.

OHV USE: A RISE IN POPULARITY AND INJURIES

Fri, 14 Apr 2023 16:44:28 GMT

A Time and Place for Everything

THE POPULARITY OF OFF-ROADING

In the past several decades, off-highway vehicle (OHV) recreation has experienced tremendous growth in popularity in the USA. This sector is characterized by the use of a variety of motorized vehicles (all-terrain vehicles (ATVs), jeeps, motorbikes, quads, sport utility vehicles (SUVs), snowmobiles, trucks) to ride off road and on unpaved surfaces. The COVID-19 pandemic has increased interest in rural holiday settings as opposed to metropolitan destinations. The large demographic cohort of baby boomers in the U.S. with both discretionary time and income is aging and is, therefore, increasingly limited in exploring natural areas through other recreational modes (hiking/bicycling/paddling/skiing) leaving OHV riding as a viable option.

OFF-ROADING IN GEORGIA

ATVs and UTVs may not legally be driven on any public street, roadway, or highway, including the shoulders of the roadway or highway in the State of Georgia. Operation on private property requires the written permission of the land owner. For definitions of vehicles and the applicable laws governing their use, see: https://dps.georgia.gov/georgia-code-low-speed-vehicles .

THE DANGERS OF OFF-ROADING

The dangers of riding OHVs are real and include overturning, collisions and occupant ejection. The Consumer Protection Safety Commission’s latest data show an annual average of more than 700 deaths and an estimated 100,000 emergency department-treated injuries involving OHVs. According to CPSC’s latest report , from 2016 through 2018, there were 2,211 deaths in the United States associated with OHVs, which includes all-terrain vehicles, recreational off-highway vehicles and utility-terrain vehicles. ATVs accounted for nearly three-quarters of the deaths. Nearly 300 deaths were among children under the age of 16.

SAFETY TIPS FOR OHVS

Ride safely with a few tips:

Get hands-on training from a qualified instructor, e.g., in an ATV Safety Institute (ASI) course.
Never ride with more passengers than there are seats. Most ATVs are designed for one rider.
Never ride on public roads, except to cross, where permitted by law.
Avoid drinking alcohol before or while driving an ATV, because alcohol can impair judgment and response time.
Stay off paved roads.
Riders younger than 16 should drive only age-appropriate youth models, and never adult models.
Always wear a helmet and other protective gear, such as eye protection, boots, gloves, long pants and a long-sleeved shirt.

ATVs are particularly dangerous for children; the CSPC warns parents about the dangers of children riding ATVs. CPSC urges the riding community to follow these four safety tips to keep children safe:

Never let children ride ATVs that are meant for adults.
Make sure children younger than 16 operate only youth model ATVs appropriate for their age.
Never let children younger than 6 on an ATV.
Make sure children wear a helmet and other protective gear that fits appropriately.

Never drink and drive, and make sure that you always have your helmet and protective gear on when riding. If you should be involved in an ATV accident and you believe it is the fault of another person or manufacturing company, do not hesitate to involve a personal injury attorney.

CONTACT YOUR ATTORNEY

If you have been injured while riding an OHV, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claims.

JUVENILE GUN VIOLENCE: IT'S COMPLICATED

Fri, 07 Apr 2023 17:30:37 GMT

Liability and culpability

LAWSUIT SEEKS LIABILITY AND JUSTICE

Almost three months after Virginia teacher Abigail Zwerner was shot by a 6-year-old student , she filed a $40 million lawsuit Monday alleging school administrators shrugged off multiple warnings from staff and students who believed the boy had a gun and posed an imminent threat on the day of the shooting, and did so knowing the child "had a history of random violence."

Zwerner alleges that the school’s Assistant Principal Ebony Parker breached "her assumed duty" to protect Zwerner, "despite multiple reports that a firearm was on school property and likely in possession of a violent individual.” Also named as defendants are the Newport News School Board, former schools Superintendent George Parker III, whom the board voted to remove "without cause," and school principal Briana Foster Newton, who was transferred to a different role within the district.

Newport News Commonwealth's Attorney Howard Gwynn told NBC News last month that he would not seek charges against the boy, citing his age and inability to adequately understand the legal system, but said he was still weighing whether he might hold any adults criminally liable. The family of the boy said in a statement in January that the weapon was "secured" in the home and that they have "always been committed to responsible gun ownership and keeping firearms out of the reach of children.”

GEORGIA’S EFFORTS TO INCREASE SCHOOL SAFETY

One of Governor Kemp’s more concrete plans calls for Georgia Emergency Management & Homeland Security (GEMA) to create Behavioral Threat Assessment Teams to be deployed throughout the state and "respond to threats or concerning behavior that may be considered a pathway to violence" as well as "provide assistance and guidance to local schools, systems, and communities in an effort to mitigate potential threats to life.” The rundown of state efforts includes law enforcement presence - including eight Homeland Security Coordinators around the state "whose primary function is to assist schools and local law enforcement with school safety," several training programs and a number of safety reviews.

GEORGIA INITIATIVES

When the Constitutional Carry Act was passed which allows non-felons to carry firearms without a permit, Atlanta City Council member Lewis guided a new ordinance through Atlanta City Council that calls for the City to hand out 2,000 free lockboxes to encourage gun owners to safely store their guns in their cars and at home. The lockboxes are aimed at deterring accidental shootings and reducing the theft of unsecured firearms and the crimes that stem from them.

In February of this year, state lawmakers announced their intention to make gun ownership and use safer by enacting legislation targeting threat assessment and safe storage. “Gun violence is indeed a public health crisis,” State Rep. Michelle Au said. “As of 2020, the number one cause of death in children and teenagers in the United States is gun violence.” The lawmakers called for bipartisan support at the state capitol pertaining to legislation that would require universal background checks for firearms transfers and purchases as well as a three-day waiting period and would make it a crime to not adequately secure a firearm. “We cannot gun-proof children, but research has shown that we can prevent 85% of pediatric unintentional gun deaths and more than 75% of suicides with safe storage,” Pediatric Emergency Room Doctor Sofia Chaudhary said.

EXTREME RISK LAWS AND SAFE STORAGE LAWS

Currently, Georgia does not have Extreme Risk laws or Child Access Prevention (safe storage) laws. Following the tragic school shooting in Nashville, Tennessee, the Giffords gun violence prevention organization founded by former Congresswoman Gabby Giffords released the following statement: ’“This horrific tragedy underscores why violence intervention and extreme risk protection order laws are so important. The Nashville shooter bought multiple guns legally and their parents were concerned about their access to guns. In states with extreme risk protection orders, family members or law enforcement have a legal process they can use to ensure those who pose a danger to themselves or others don’t have guns.”

Child Access Prevention laws, sometimes known as Safe Storage Laws, are also effective tools in keeping guns out of the hands of those who should not have them—in this case, children. Eight states and the District of Columbia, as well as several cities including New York and San Francisco, have laws mandating that owners secure their firearms. Fifteen states have passed child access prevention (CAP) laws, which generally provide that if a minor accesses a firearm, the person who failed to adequately secure the firearm is liable. Six states have storage laws that are also aimed at preventing access to firearms by persons legally prohibited from having them. Public awareness is also critical to ensuring that guns are stored securely. The Moms Demand Action Be SMART program is one of many models that can be used by public officials and members of the community to build awareness of the importance of secure firearm storage.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured by gun violence, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

SCHOOL SHOOTINGS: REAL OR HOAX?

Fri, 31 Mar 2023 17:46:01 GMT

The New Threat of "Swatting"

SCHOOL SHOOTING HOAXES

An active shooter hoax at the end of November shut down as many as 20 schools across Georgia, including in Savannah . It came just weeks after a similar string of incidents in South Carolina . This week, after the much-publicized tragic school shooting in Nashville Tennessee on Monday, March 27, 2023, numerous 911 calls were made to schools in and around Pittsburgh, Pennsylvania. Two private Catholic High Schools were put on lock-down while police and SWAT responded, with nearby University of Pittsburgh briefly shutting down as well. After the schools were cleared and no evidence of an active shooter was found, law enforcement concluded that the series of 911 calls were part of a hoax.

A NATIONAL PROBLEM

Hoax calls about school shootings have been occurring around the country in recent months.

In many hoax cases, 911 audio reveals the caller sounds like the same person. The swatting calls also describe similar circumstances. In Iowa, calls at three separate schools all said students were shot in the bathroom. Several schools in the Cincinnati area have also gotten swatting calls. In one case, the caller said, "He opened fire on students and students got injured in the classroom.” Georgia has also seen a rash of fake school shooting threats. In one of them, the caller said, "I was teaching in the biology class. The suspect came to the classroom. Shot seven students there in the biology class, second floor.”

Schools in Pennsylvania were the latest targeted by so-called swatting. Computer-generated calls on Wednesday made claims about active shooters, but it was all a hoax. One day earlier, nearly 30 Massachusetts schools received fake threats. Schools in Utah were also the target of swatting hoaxes on Wednesday. It's part of a nationwide pattern plaguing schools and police departments.

The calls appear to come in waves, and once one school gets one, it seems dozens of others in the same area begin getting similar phone calls that don't turn out to be anything. In Massachusetts, 28 schools reported being targeted by hoax calls recently, and nine in Missouri. Fourteen others were reported in Rhode Island, the caller stating there was a shooter at the school. "The swatting calls appear to be part of a nationwide pattern," said Missouri Highway Patrol Sergeant Mike McClure. Other states include Minnesota, Nebraska and Kansas, which all report getting calls just this month.

WHAT IS SWATTING?

The fake calls are a category of a dangerous practice known as “swatting,” or making hoax 911 calls to provoke a large-scale law enforcement response. Hundreds of cases of swatting occur annually, with some using caller ID spoofing to disguise their number. The goal is to get authorities, particularly a SWAT team, to respond to an address. An FBI official said in November that they believe the wave of false threats focused on schools may be coming from outside of the country. Officials said at the time that they had identified calls to about 250 colleges, 100 high schools and several junior high schools just since early June falsely reporting explosive devices being planted at the schools or saying that a shooting was imminent. The FBI in Pittsburgh acknowledged the risk that these calls present, noting in a statement about the school threat cases that it “takes swatting very seriously because it puts innocent people at risk.”

WHAT CAN BE DONE

Researchers with The Educators School Safety Network say this school year there's been a 250 percent nationwide increase in swatting incidents where someone reports an active shooter and it turns out to be someone outside the school calling it in. Social media threats are the other issue seeing a huge spike.

“I think part of the reason that we see this continual increase is that by and large we continue to focus on the wrong things," one school administrator stated. "We work on active shooter, and that's it. But yet, we know that it's much more likely that you're going to have a threat like this, that you're going to have a violent fight. You can have non-custodial parents. You're going to have a medical emergency, you're going to have a weather emergency. We call it an all-hazards approach to school safety, a comprehensive all-hazards approach instead of the vast majority of teachers in the United States get [sic] active shooter training, and that's it.” Experts conclude that the entire school staff should be trained on all hazards and parents and staff should be included in the discussions.

The Educators School Safety Network offers a free online on-demand school safety course called School Safety 101.

RECENT ACTION TAKEN

U.S. authorities on Thursday said they arrested a Washington state man who made more than 20 "swatting" calls around the country and in Canada last year, prompting real emergency responses to his fake reports of bombs, shootings or other threats. Ashton Connor Garcia, 20, of Bremerton, used voice-over-internet technology to conceal his identity as he placed the calls last year between June and September — and he treated them as entertainment, broadcasting them on the social media platform Discord, federal prosecutors said. He faces 10 felony counts filed in U.S. District Court in Tacoma, Washington, that could bring up to a decade in prison. Court records did not immediately indicate if Garcia had an attorney who might speak on his behalf. His charges are not related to swatting calls in the Pittsburgh area on Wednesday.

Garcia is not accused of having sent SWAT teams to schools. Instead, prosecutors say, in several cases he collected personal information about his victims and threatened to send emergency responses to their homes unless they turned over money, credit card information or sexually explicit images. Garcia placed the calls to agencies in California, Georgia, Illinois, Kentucky, Michigan, Minnesota, New Jersey, Oho, Pennsylvania, Tennessee, Washington and Edmonton, in Alberta, Canada, the indictment said. Authorities have warned that such hoaxes can prove deadly. In 2017, a police officer in Wichita, Kansas, shot and killed a man while responding to a hoax emergency call. This month, the city agreed to pay $5 million to settle a lawsuit, with the money to go to the two children of 28-year-old Andrew Finch.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured due to or been threatened by a fake 911 call, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

Beware the Ides of March

Sat, 25 Mar 2023 17:11:04 GMT

Shakespeare's Famous Line Resonates Today--for Different Reasons

DRIVING IN HEAVY WIND AND RAIN

The Ides of March originally referred to the first new moon of the month, and at one point the Ides of March signified the New Year, which meant celebrations and rejoicing. But ever since Julius Caesar was assassinated on March 15, the day and phrase have come to mean doom and gloom, with Shakespeare using the phrase as an ominous warning. To stretch a metaphor a bit far, today the ides of March can refer to the unpredictable--and sometimes cruel--weather that is common in March.

Heavy rains are a fact of driving life in this country, especially this time of year. Weather-related vehicle accidents contribute to a far higher number of deaths in the United States than large-scale weather disasters, including tornadoes, hurricanes and flooding. Travelers face myriad weather-related hazards each year, including wet pavement, rain, snow/sleet, icy pavement, snow/slushy pavement, blowing dust and fog. We are now in a time of year – early spring – when all of those weather conditions are a possibility across many roadways in the U.S.

The U.S. Department of Transportation (DOT) said more than 5.8 million vehicle crashes occur each year based on statistics from 2007 to 2016. About 21 percent of those, or just over 1.2 million, involved hazardous weather. Those U.S. weather-related automobile crashes have killed an average of 5,376 people annually, accounting for about 16 percent of all vehicular deaths, the DOT said. More than 418,000 others were injured each year during that same period. For comparison, the 10-year average combined number of deaths each year from flooding, lightning, tornadoes, hurricanes and heat is 379 people.

According to the Federal Highway Administration, (FHWA), rain causes wet pavement, which reduces vehicle traction and maneuverability. Heavy rain also reduces visibility distance. These impacts prompt drivers to travel at lower speeds causing reduced roadway capacity and increased delay. Most weather-related crashes occur on wet pavement and during rainfall. Each year, 75 percent of weather-related vehicle crashes occur on wet pavement and 47 percent happen during rainfall. Flooding reduces roadway capacity by limiting or preventing access to submerged lanes. Inland flooding, usually following the evolution of a tropical storm or hurricane, has typically been the greatest source of fatalities, and caused the most damage to roadway infrastructure.

DETERMINING LIABILITY

When trying to determine liability in a car crash, the court will usually look at who was negligent. Negligence is determined by whether a driver violated his or her “reasonable duty of care” to others on the road. This can be a difficult question to answer when high winds are a factor. For example, if a sudden gust of wind suddenly pushes a car into another lane where it collides with another vehicle, was the driver at fault for not maintaining control of the vehicle, or did the driver violate his/her duty of care by not accounting for the wind and creating more space between his/her car and others on the road? If a gust of wind blows an obstacle into the road and causes a driver to lose control, can they be held liable for any injuries that occur when their car makes contact with another vehicle?

If you’re injured in an accident where the wind is a factor, it doesn’t mean you won’t be able to get compensation for your injuries, but it can make proving fault a little more complex, and the need for an experienced personal injury attorney representing you all the greater.

HIGH WINDS AS A FACTOR IN VEHICLE CRASHES

High winds can be a factor on the road, and as with other weather conditions, drivers have a responsibility to take those conditions into account when driving. Severe winds impact driving safety in several ways. Some of the most common are:

Low Visibility: When strong winds occur, they can blow dirt, snow, and other small debris into the air that makes it harder for you to see while you’re driving. When you can’t see where you’re going, it can easily lead to accidents because you can run off the road, hit another driver, or hit an object.

Lane Obstruction: One of the main causes of car wrecks from high winds is from lane obstruction. Heavy winds can blow objects into the road, like trees, power lines, and other large objects that can cause accidents. Not only can a driver get into a collision with the object in the road, they can also get into an accident with other vehicles if they swerve to miss the object, or if they hit the obstruction and it causes them to lose control of their car.
Traffic Speed: High-speed winds will likely cause drivers to slow down because they realize that the conditions are dangerous for normal speeds. This can cause traffic to slow down, and could in turn create a travel time delay. It could take longer to get where you’re going, or the roads could get more congested because everyone is slowing down.

SAFETY TIPS

In extreme conditions, the safest thing to do is stay off the roads altogether.

But if you have to drive regardless of the weather, here are some tips to help keep you safe in heavy rain and wind.

1. Be sure you can see

2. Be sure you can be seen

3. Slow down

4. Keep enough space between your car and other cars

5. Do not drive into standing water

6. Be alert for objects blown into the road, and for downed power lines

CONTACT A SKILLED PERSONAL INJURY ATTORNEY

If you are in a motor vehicle accident during severe weather, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

THE LUCK OF THE IRISH WON'T BE ENOUGH

Fri, 17 Mar 2023 17:52:07 GMT

Plan ahead: Don't DWI

ST. PATRICK AND THE MAKING OF A LEGEND

Saint Patrick , who lived during the fifth century, is the patron saint of Ireland and its national apostle. Born in Roman Britain, he was kidnapped and brought to Ireland as a slave at 16. He later escaped, but returned to Ireland and was credited with bringing Christianity to its people. In the centuries following Patrick’s death (believed to have been on March 17, 461), the mythology surrounding his life became ever more ingrained in the Irish culture: Perhaps the most well-known legend of St. Patrick is that he explained the Holy Trinity (Father, Son and Holy Spirit) using the three leaves of a native Irish clover, the shamrock.

IRISH HISTORY IN GEORGIA

Although Chicago historians claim their city’s idea for a river of green was original, some natives of Savannah, Georgia (whose St. Patrick’s Day parade, the oldest in the nation, dates back to 1813) believe the idea originated in their town. They point out that, in 1961, a hotel restaurant manager named Tom Woolley convinced city officials to dye Savannah’s river green. The experiment didn’t exactly work as planned, and the water only took on a slight greenish hue. Savannah never attempted to dye its river again, but Woolley maintains (though others refute the claim) that he personally suggested the idea to Chicago’s Mayor Richard J. Daley.

In Ireland, St. Patrick’s Day has traditionally been a spiritual and religious occasion. In fact, up until the 1970s, Irish laws mandated that pubs be closed on March 17. Beginning in 1995, however, the Irish government began a national campaign to use interest in St. Patrick’s Day to drive tourism and showcase Ireland and Irish culture to the rest of the world.

DON’T RELY ON THE LUCK OF THE IRISH

This celebratory day is one of the biggest drinking occasions of the year and, unfortunately, means more drunk drivers on the roads. Falling on a Friday, we can expect a fairly dangerous weekend for drivers and passengers alike. During the 2020 St. Patrick’s Day period (6 p.m. March 16 to 5:59 a.m. March 18), more than a third (36%) of crash fatalities involved a drunk driver. In fact, from 2016 to 2020, 287 lives were lost in drunk-driving crashes during the St. Patrick’s Day period. (statistics from NHTSA) These numbers highlight the importance of designating a sober driver for a celebratory night out, or for having a plan for ride sharing.

Walking while intoxicated can also be deadly. In 2020, 30% of the pedestrians killed in traffic crashes had blood alcohol concentrations at or above .08. Pedestrians who have been drinking should also arrange for a sober ride or for a sober friend to walk them home.

TOW-TO-GO

In celebration of St. Patrick’s Day, AAA is activating their Tow to Go program, hoping to prevent impaired drivers from getting behind the wheel. The program is available from 6 p.m. Thursday, March 16th to 6 a.m. Monday, March 20th and offers free and confidential rides to AAA members and non-members who are too impaired to drive. Tow to Go has been in service for 25 years, removing over 25,000 impaired drivers from the road during that time. When someone calls Tow to Go, AAA dispatches a tow truck to transport the impaired driver and their vehicle to a safe location within a 10-mile radius. It is important to note that Tow to Go is not a substitute for emergency services and that in the case of an emergency, individuals should call 911. Tow to Go is designed to be a last resort for those who did not plan ahead, and AAA urges drivers to always choose a designated driver before celebrating.

CONTACT YOUR ATTORNEY

Accidents will happen, and more people on the roads—and more impaired people—make accidents more likely. If you or someone you know is involved in a mo tor vehicle accident, or in an accident as a pedestrian, contact personal injury attorney Dave Thomas of The Thomas Law Firm for a free evaluation of your legal rights.

TRAGEDY AT THE BUS STOP

Sun, 12 Mar 2023 17:14:27 GMT

A Terrible Accident Strikes a Small Town

TRAGEDY AT THE BUS STOP

On Friday, February 24, 2023, a six year old little girl was waiting at the bus stop for her school bus, just as she does every weekday morning. When the school bus arrived, she started to cross the street in order to board it, also just as she does every weekday morning. But on that particular morning, a vehicle failed to stop while students were boarding the bus. The vehicle struck the six year old, and despite the valiant actions of First Responders and a life-flight to UPMC Children’s Hospital, she died.

SCHOOL BUS TRANSPORTATION ACCIDENTS

From 2011 to 2020, about 70% of the deaths in school bus-related crashes were occupants of vehicles other than the school bus, and 16% were pedestrians . About 5% were school bus passengers, 5% were school bus drivers, and 3% were pedalcyclists . Of the people injured in school bus-related crashes from 2011 to 2020, about 33% were school bus passengers, 8% were school bus drivers, and 54% were occupants of other vehicles. The remainder were pedestrians, pedalcyclists, and other or unknown.

During the 2018-2019 school year, a spike in school bus-related accidents led to an examination of safety protocols near bus stops. School bus-related crashes killed 54 people nationwide in 2020, down by over 50% compared to 2019 according to National Safety Council (NSC) tabulations of data from the National Highway Traffic Safety Administration (NHTSA). It is likely that this sharp decline was a result of fewer school bus trips occurring during the COVID-19 pandemic in 2020. An accurate picture of post-pandemic accidents, injuries and fatalities is not yet available.

One thing is certain: school buses are still the safest option for transporting children to school, safer than walking or riding in a car. The school bus is one of the safest vehicles on the road. Less than 1% of all traffic fatalities involve children on school transportation vehicles. However, children are more at risk when approaching or leaving a school bus.

It is for this reason that safety practices at and around a school bus stop should be taught and adhered to by children. In particular, students and their parents should always be aware of the “danger zones.” The danger zones may extend as much as 30 feet from the front bumper (with the first 12 feet being the most dangerous), 12 feet from the left and right sides, and 12 feet behind the rear bumper of the school bus. In addition, the area to the left of the bus is always considered dangerous because of passing cars.

SAFETY PROTOCOLS

Drivers should observe the following:

+ When there are children in the school bus, always maintain distance from the moving vehicle in the front. The driver should be left with plenty of time when the brake lights of the vehicle on the front start to flash. Flashing yellow lights indicate that the bus is preparing to stop. This gives an opportunity for the drivers behind to slow down.

• If the yellow or red lights of a school bus carrying children start to flash, and when the driver extends the stop arm, all the traffic behind must come to a stop.

• In case you are on a road that is not divided, do not pass a bus, from either direction, which has stopped to load or unload children.

• It is a good idea for every driver near a school bus to be extra alert as one cannot predict the behavior of children. Drivers of all vehicles near schools should be aware of the lowered speed limits.

• Ensure that your vehicle does not block the crosswalk. This forces children to move around your vehicle when they want to cross the road. This could put them in the midst of moving traffic.

• When your vehicle is in the ‘school zone’, and flashers are blinking, check all cars nearby are stopped and allow pedestrians to cross the roads.

• Always make sure that you stop the vehicle whenever a traffic policeman or a school patrol guard holds up a ‘Stop’ sign.

• Look out for children whenever your vehicle crosses playgrounds and parks on school areas.

There have been many cases where children lost their lives in bus-related accidents when walking on nearby roads. The majority of these children are very young, between 4 and 7 years of age. Many times they are hit by motorists that are illegally passing a school bus that has stopped to pick up or drop off the students. Sometimes they are hit by the bus. Education about safety near and at bus stops is vital to avoiding accidents. Bus drivers, vehicle drivers and students all need to know and follow the safety protocols surrounding boarding and de-boarding buses :

+ Make use of the handrail while boar ding and de-boarding the bus.

• Maintain a minimum distance while waiting for the bus at bus stop.

• Enter the bus only after it has comp letely halted to a stop.

• After alighting from the bus, walk fo r a distance of at least 10 feet before attempting to cross the road.

• No student should cross the road fr om behind the bus.

• You should cross the road only afte r receiving driver’s signal.

• You should be educated about the safety of the school bus.

Education about safety near and at bus stops is vital to avoiding accidents. Bus drivers, vehicle drivers and students all need to know and follow the safety procedures surrounding boarding and de-boarding buses.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in a school bus-related accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

DERAILMENT IN THE HEARTLAND

Sun, 05 Mar 2023 16:26:32 GMT

Train Derailment in East Palestine: Part Two

TRAIN DERAILMENT PART TWO: ONE MONTH AFTER

The nation is still focused on the derailment of thirty-eight Norfolk-Southern railcars in the small town of East Palestine, Ohio, on February 3, 2023. The continued scrutiny is due to the fact that eleven of the railcars contained hazardous materials, which created a toxic plume above the town that traveled down the Ohio River to other towns and cities such as Cincinnati, Ohio, and Huntington, West Virginia. The derailment necessitated the evacuation of people within a one square mile area. Air and water quality monitoring by the EPA is ongoing, and residents still report feeling sick—nausea, sore throats, irritated eyes—despite the EPA reporting that levels of contaminants are within the safe range.

The derailment brought to light issues surrounding the transportation by rail of hazardous materials. Specifically: what are the notification requirements of the carrier to the states and local communities through which the materials pass, and do communities have adequate response plans in place?

NOTIFICATION

The Federal Railroad Administration (FRA), which regulates the industry, does not provide lists of the rail lines that hazardous materials travel, according to an agency spokesperson. Norfolk Southern had not notified officials that vinyl chloride and other hazardous materials would be winding their way along the tracks that ran through East Palestine the day of the disaster, according to Ohio Governor Mike DeWine.

An expansive network of Class-1 railroads, which are operated by the major railroad freight companies and one passenger company, wind their way through America's coasts, heartlands and metropolises each day, racking up millions upon millions of miles every year. About a thousand train derailments occur in the US each year, according to the FRA. Leaks from trains carrying hazardous materials happen rarely. Only nine such incidents occurred in 2022, according to FRA data. The year with the highest number of hazardous material releases, 2020, only saw 20 such incidents. Two relatively recent examples of the derailment of railcars containing hazardous materials are: (1) In 2012, a train carrying vinyl chloride - the same chemical primarily involved in the East Palestine incident - derailed in Paulsboro, New Jersey, and cars containing the substance derailed off a bridge releasing 23,000 gallons of the chemical; (2) In 2015, a train carrying crude oil derailed and exploded in the state of West Virginia, destroying a house and contaminating the local drinking water.

LIABILITY

Norfolk Southern is now facing multiple lawsuits filed on behalf of residents, many of whom were forced to evacuate their homes. The Environmental Protection Agency (EPA), which has the power to fine or sanction firms over environmental concerns, said Norfolk Southern would "pay for cleaning up the mess they created and for the trauma they've inflicted on this community”. The Ohio Health Department has opened a health clinic for concerned residents.

TRAIN DERAILMENTS IN GEORGIA

Almost eight months ago, on June 30, 2022, multiple railcars of a CSX train derailed near Waycross, Georgia. A week or so after this accident, another train derailed near Robins Air Force Base in Georgia. Fortunately, neither train was not carrying any hazardous materials. However, even in the absence of hazardous materials onboard, a train derailment can still pose a threat to the surrounding community. In October 2022, a CSX train derailed due to heavy rains following Hurricane Delta. Thirty-eight rail cars derailed between Main Street NW and Rockbridge Road NW in Lilburn, Georgia, and several rail cars were engulfed in flames shortly after arrival, the statement said. The fire subsided about two hours later but still posed a threat to the surrounding area, according to the local First Responders at the time.

CALLS FOR GREATER TRANSPARENCY

One reform being called for is not ification to communities through which trains that carry hazardous materials travel. If a community knows the frequency and type of hazardous materials passing through their area, they can be better prepared in case an accident and release of contaminants occur. Communities could have specifically-tailored plans for response to possible derailments—evacuation plans, testing and cleanup plans, etc. Environmental experts warn that without stricter regulation from Congress and increased transparency requirements for dangerous materials passing through residential areas, many more towns and cities will be left in the dark and unprepared, as East Palestine was before a February 3, 2023 derailment unleashed a toxic onslaught on the town.

In many circumstances , local emergency responders were not prepared to deal with a chemical spill or explosion due to a lack of knowledge about the substances passing through their communities, a ProPublica investigation into railroads used to transport oil found. Emergency managers throughout the US told the investigative outlet that they did not receive notifications about dangerous materials traveling by rail. Given that these freight lines run through major US cities, as well as small towns like East Palestine, millions of Americans are potentially at risk, environmental experts said.

CONTACT YOUR ATTORNEY

If you or someone you know lives near the site of a train derailment, contact Dave Thomas of The Thomas Law Firm for a free evaluation of your legal rights.

TWO CASES THAT COULD CHANGE THE INTERNET

Tue, 21 Feb 2023 14:59:28 GMT

The Future of Section 230

A DEFINING MOMENT FOR THE INTERNET—AND THE SUPREME COURT

This week, the Supreme Court of the United States will hear oral arguments on two cases involving the Internet and Section 230 of the CDA. The cases, Gonzalez v. Google and Taamneh v. Google , both ask SCOTUS to examine the immunity provided by Section 230 to Internet platforms such as Google, Twitter, Facebook etc. Because Section 230 has been in effect since the very beginning of the Internet, any change to its scope will necessarily have an outsized impact on these platforms, their users and start-ups. Thus, the very nature of the Internet is before the Court this week.

WHAT THE CASES ARE ABOUT

The Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?” This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.

In Gonzalez , Nohemi Gonzalez was a 23-year-old American studying in Paris, who was killed after individuals affiliated with the terrorist group ISIS opened fire on a café where she and her friends were eating dinner. According to her family’s lawyers, she was one of 129 people killed during a November 2015 wave of violence in Paris for which ISIS claimed responsibility. In the wake of Gonzalez’s murder, her estate and several of her relatives sued an unlikely defendant: Google. Their theory is that ISIS posted “hundreds of radicalizing videos inciting violence and recruiting potential supporters” to YouTube, which is owned by Google. Significantly, the Gonzalez family’s lawyers also argue that YouTube’s algorithms promoted this content to “users whose characteristics indicated that they would be interested in ISIS videos.” A court in the Northern District of California found that Section 230(c)(1) protected Google against the claims, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

The companion case, Twitter v. Taamneh , asks whether a company can be held liable for “aiding and abetting” terrorism if any pro-terrorism content appears on its platform (even if the company aggressively removes most pro-terrorism speech). Twitter argues the Court should also consider the Ninth Circuit’s application of the Anti-Terrorism Act. Per Twitter’s filing, Taamneh is an outlier; a dozen other ATA cases against social media platforms have been dismissed, and those dismissals have been upheld in the U.S. Courts of Appeals for the Second, Fifth, Sixth, and Eleventh Circuits. They contend that the Ninth Circuit mischaracterized the platform’s “attenuated relationship” with an act of international terrorism as “knowing.” Twitter argues that “they provided generic, widely available services to billions of users who allegedly included some supporters of ISIS” and are not liable under the Justice Against Sponsors of Terrorism Act, or JASTA, for aiding or abetting. (The ATA relates to domestic terrorism, and the JASTA relates to acts of foreign terrorism.)

SECTION 230

47 U.S.C. Section 230 states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Section 230 is credited with creating the internet we have today, as well as much of the tech industry itself. Without the sweeping immunity from liability offered by Section 230, platforms such as Facebook, Google, Twitter, et al., would not have been able to grow into the behemoths they are today. In recent years, however, many question whether the broad protection from liability these companies enjoy is appropriate, and whether that protection has led to a digital space akin to the Wild West. Some experts suggest that the algorithms that moderate content on platforms can be compared to editors at publications, thereby making platforms publishers—and liable for their content.

PLATFORM v. PROMOTER

The Gonzalez case is a bit more nuanced than simply trying to hold a company accountable for the content it allows on its platform. The plaintiffs in the Gonzalez case stated: “We’re not just seeking to treat YouTube as a publisher. What we’re going after YouTube for is the targeted promotion of certain content.” If people are searching for things related to ISIS, YouTube will, at least according to the complaint, recommend similar content. This is part of the radicalization and propaganda process. What the plaintiffs in the Gonzalez case are saying is that it’s that sort of algorithmic promotion of terrorist content that is not within the scope of Section 230. The Gonzalez plaintiffs effectively argue that a website is not protected by Section 230 when it “ affirmatively recommends other party materials ,” regardless of whether those recommendations are made by a human or by a computer algorithm.

While the factual scenario in both cases is unusual—the families of victims of terrorism seeking to place liability on the platforms that the terrorist organizations used—the cases both attempt to pierce the veil of immunity provided by Section 230. Gonzalez asks whether Section 230 immunity disappears if a platform recommends or amplifies problematic content to users. Taamneh asks whether a company can be held liable for “aiding and abetting” terrorism if any pro-terrorism content appears on its platform (even if the company aggressively removes most pro-terrorism speech).

As noted above, oral arguments on these cases are scheduled for February 21-22 of this week. Many Court experts and observers think that SCOTUS’ decision to hear these cases can only mean that it intends to redefine the scope of protection afforded by Section 230. So far, this Court has shown a willingness to act where Congress has not. We will soon see if that willingness extends to the Internet.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in an accident, contact Dave Thomas at The Thomas Law Firm for a free consultation about your legal claim.

BICYCLE ACCIDENTS IN GEORGIA

Thu, 16 Feb 2023 18:52:45 GMT

Cycling in Georgia

BICYCLE AND PEDESTRIAN ACCIDENTS IN GEORGIA

The estimated number of bicycle-related injuries and fatalities across the nation varies depending on the data source. According to the National Highway Traffic Safety Administration, 932 bicyclists were killed in motor-vehicle traffic crashes in 2020, an 8.9% increase from 856 in 2019. Bicyclists’ deaths accounted for 2% of all motor-vehicle traffic fatalities . The Consumer Product Safety Commission reports 425,910 emergency department-treated injuries associated with bicycles and bicycle accessories in 2020. This estimate includes both preventable and intentional injuries. See also: https://www.cdc.gov/transportationsafety/bicycle/index.html .

The Atlanta Bicycle Coalition is an organization that works to make Atlanta's streets safer and more inclusive for bikers and walkers. The streets that are the most dangerous in the city are four lanes, undivided, with no center turn lanes and no bike lanes. In 2018, ABC created a map showing Atlanta's most dangerous streets for pedestrians and drivers. It's called the High Injury Network. It shows that fewer than 8 percent of Atlanta's streets accounted for 88 percent of deaths on the road.

BREAKING DOWN THE RISK BY NUMBERS

People driving fast — and on roads designed to move cars as quickly and efficiently as possible — killed an increasing number of pedestrians and bicyclists in Atlanta in 2021, according to a new analysis profiling the victims.

31 people were struck and killed by people driving cars in Atlanta in 2021 — compared to 14 the year before, says Propel ATL, a bicyclist and pedestrian advocacy organization.
42% of the deaths occurred on Atlanta's " high-injury network " — streets where a disproportionate number of traffic fatalities take place. See above.

Metro Atlanta was the 27th most dangerous region for pedestrians from 2016 to 2020, according to Smart Growth America . Georgia and California had the ninth highest fatality rate. In May, Atlantans approved more than $300 million in spending on new sidewalks, safer streets and bike lanes. Propel is urging the city to make safety improvements, including giving pedestrians a head start when crossing the street, creating a safe street design that addresses transportation inequities and making protected bike lanes the norm rather than the exception.

JUSTICE DENIED

In 2020, a 17 year old was hit and killed while on her bicycle less than a mile from her home in Georgia. A toxicology report showed that the driver tested positive for meth and three other drugs. Officers arrested the woman for driving under the influence and for endangering her own children who were in her car. Despite the findings and arrest, however, the driver was not held liable for the death of the cyclist. Instead, the police stated that the bicyclist did not have the proper red light on her bike, and was riding too far into the middle part of the lane of traffic.

But the cyclist did have a red reflector on her bike. GA Code § 40-6-296 (2014) states that: (a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle. (emphasis added)

In addition, there is no requirement that bicycles stay on the far side of a lane of traffic. Bicycles are defined as vehicles and generally have the same rights and responsibilities as motor vehicle drivers, with certain specified exceptions. Bicycles are not allowed on sidewalks and are actually required to ride in the street. This law applies whether there is a designated bike lane in the street or not. Some municipalities make exceptions for younger cyclists. For instance, in Atlanta, children 12 years old or younger are permitted to ride their bikes on the sidewalk. See also: https://www.bikelaw.com/laws/georgia/ .

There are many circumstances when a bicycle may ride in the center of a lane and temporarily occupy that lane. These situations include:

The cyclist is turning left
In order to avoid hazards such as debris in the road, rough pavement, drain grates, or parked or stopped cars
When the lane is too narrow to share with a motor vehicle
When the cyclist is traveling at the same speed as the surrounding motor vehicle traffic
When passing a vehicle with due care
If the cyclist is riding straight through an intersection, and the right lane is a right turn-only lane

The above example shows just how tough it can be to get accountability for motor vehicle—bicycle traffic accidents. But The Thomas Law Firm has the experience and skill necessary to get people who are injured by these accidents the help they deserve. When cyclists are involved in motor vehicle accidents, their injuries can be severe, requiring intensive medical care and a lengthy recovery. Medical bills, missed work payments, rehabilitation costs, and medication and/or medical equipment costs can all become overwhelming. Holding a driver responsible for the accident he/she caused can go a long way to alleviating these burdens.

WHAT CAN BE DONE

The Insurance Institute for Highway Safety reports that the most prevalent and serious injuries suffered in bicycle accidents are to the head, which reinforces the importance of wearing a helmet. GA Code § 40-6-296 (2014) states: (d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.

Just how important is it to wear a helmet? Consider this:

It's estimated that the proper use of helmets could reduce a bicyclist's risk of suffering a head injury by as much as 50 percent.
Wearing a helmet while riding is estimated to reduce a bicyclist's risk of suffering an injury to the head, face or neck by about 33 percent.
The odds that a bicyclist will wear a helmet are four times greater after laws are enacted that require their use.

Proper reflective clothing and lights on bicycles are great preventative measures, even when not required by law.

CONTACT YOUR ATTORNEY

No matter how careful you are, accidents happen. If you or someone you know has been injured in an accident involving a motor vehicle and a bicycle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

TRAIN DERAILMENTS

Tue, 14 Feb 2023 18:19:57 GMT

More Common Than You Think

TRAIN DERAILMENT LEADS TO EVACUATION

On Friday, February 3, 2023, several cars on the Norfolk Southern Railroad line derailed in East Palestine, a small village along the Ohio-Pennsylvania border. The cars were transporting the hazardous chemical vinyl chloride. Breathing high levels of vinyl chloride can make someone pass out or die if they don’t get fresh air, the Ohio Department of Health said. The man-made chemical used to make PVC burns easily at room temperature; can cause dizziness, sleepiness and headaches; and has been linked to an increased risk of cancer in the liver, brain, lungs and blood. “If a water supply is contaminated, vinyl chloride can enter household air when the water is used for showering, cooking, or laundry,” the National Cancer Institute says. The Centers for Disease Control and Prevention warns that liquid vinyl chloride that touches skin will numb it and produce redness and blisters.

Ohio Governor Mike DeWine and Pennsylvania Governor Josh Shapiro ordered evacuations in a 1-mile zone around the area of derailment. An operation to drain the vinyl chloride – a chemical that officials said was unstable and could explode – from five Norfolk Southern rail cars was executed. Prior to the controlled release, officials worried the five derailed cars carrying vinyl chloride might hurl toxic fumes into the air and shoot “deadly shrapnel” as far as a mile away . Fortunately, no explosion occurred during the controlled release, and the fires are dying out on their own. Environmental regulators are monitoring air and water quality near East Palestine, Ohio. Most residents have returned to their homes, but many are expressing concerns about lingering toxic chemicals in air, water and soil.

CAUSES OF TRAIN DERAILMENTS

Derailments can sometimes be caused by operator error or equipment malfunction —the derailment in East Palestine appears to have been caused by a broken axle—but more often, they're due to track problems. Regarding the former, engineers could break speed limits, fail to account for sharp turns, not slow down at necessary locations, or several other factors stemming from bad judgment. Even if the derailment was caused by a machine malfunctioning and not an engineers's negligence, the train company could still be held liable.

In a typical year, U.S. freight railroads move around 1.7 billion tons across nearly 140,000-miles of track. In 2020, rail accounted for approximately 28% of the total U.S. freight movement by ton-miles. In 2018, 1.7 trillion ton-miles of freight (calculated by multiplying shipment weight in tons by the number of miles that it is transported) was shipped by rail, according to the U.S. Department of Transportation. According to 2019 data from DOT, 52% of rail traffic consists of bulk commodities, including agriculture and energy products, automobiles and components, construction materials, chemicals, equipment, food, metals, minerals, paper and pulp. The remaining 48% of rail traffic is generally intermodal shipments (moving by both rail and truck) generally consisting of consumer goods and other products.

From 1990, the first year the Bureau of Transportation Statistics began tracking derailments and injuries on a yearly basis, to 2021, there have been 54,539 accidents in which a train derailed. That’s an average of 1,704 derailments per year. Still, despite the semi-regularity of derailments, passenger trains are a vastly safer mode of transportation compared to vehicles. The National Highway Transportation Safety Administration estimates 42,915 died in vehicle accidents in 2021 alone, and those numbers appear to only be going up with each passing year.

LIABILITY FOR INJURIES FROM TRAIN DERAILMENTS

In the case of employee negligence or machine malfunction, the railroad company is implicated. In the former, the company has liability for a derailment caused by employee misconduct or negligence because the company is the employer and therefore responsible for the employees’ conduct if part of his/her employment (through a legal theory known as “respondeat superior”). In the latter case of a machine malfunction (as appears to be the case in the initial phase of the investigation into the East Palestine derailment), the company is also liable since maintenance of the train and the safe transportation of cargo are the responsibility of the railroad company.

INJURED PARTIES

In cases like the one above, there can be multiple injured parties, or plaintiffs. If the toxic chemicals being transported in the railcars are released and cause harm, then East Palestine residents and any other people who were exposed could have a claim against the railroad. In addition, railroad employees who were injured can also sue. Even the engineers, first respondents and town officials who worked on ensuring the safety of the town would have claims if they were exposed to and harmed by the release of the toxic chemicals.

In accidents involving derailment of passenger cars, as happened in Philadelphia on May 13, 2015, injury occurs directly from the derailment. When a passenger train derails due to a collision with a vehicle at a crossing, injuries can occur from both the collision and the derailment, as happened in an accident on June 27, 2022, near Mendon, Missouri. In both incidences, fatalities occurred.

CONTACT YOUR ATTORNEY

If you or someone you know was injured due to a train derailment, whether from the derailed train cars themselves or from the spillage of their cargo, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your claim.

WINTER SLIPS, TRIPS AND FALLS

Fri, 10 Feb 2023 18:19:01 GMT

Staying Safe

In winter, conditions leading to slips, trips, and falls are amplified by cold and precipitous weather. There may already be occasional spills that pose slip hazards, but the cold, wet weather might mean puddles are a frequent hazard throughout the season.

Some of the specific contributors to the rise in slips, trips, and falls during winter include:

Snowmelt from wet footwear, creating slippery floors inside
Icy conditions on surfaces outside, including sidewalks and parking lots
Snow covering and obscuring tripping hazards like curbs
People slipping when rushing to get out of the cold

Slip and fall accidents can cause severe injuries , such as broken bones, fractures, and even traumatic brain injuries or spinal cord injuries both of which can result in permanent disability or death. The Centers for Disease Control and Prevention reports that about 1 million U.S. adults are injured due to slips and falls every year, with the injury rate increasing significantly as temperatures decline. Winter slip and fall accidents can cause devastating injuries which can lead to high medical bills, lost wages, and months of pain and suffering.

LIABILITY

All property owners are required to maintain their properties and take reasonable precautions to prevent injuries by correcting known problems. In the winter, certain conditions can quickly become problematic and are therefore more likely to contribute to slip and fall accidents.

COMMON WINTER SLIP AND FALL INJURIES

It’s easy to sustain a serious injury from a winter slip and fall accident. If you sustained an injury, be sure to seek medical help immediately. Common injuries that our slip and fall lawyers see include:

Fractures – commonly of the arm, leg, ankle, ribs, or foot
Bruises
Back injuries
Neck or spinal cord injuries
Traumatic brain injures – such as a concussion

Personal injury lawyers can seek compensation for injuries sustained from a fall on ice or snow when it was caused due to someone else’s negligence. You may be able to obtain compensation for :

Hospital bills
Physician bill s
Cost of dura ble medical equipment (such as a hospital bed)
Cost for phy sical therapy and rehabilitation
Pain and suf fering
Compensati on for lost wages

WHAT TO DO WHEN ACCIDENTS HAPPEN

Seek medical attention for your injuries and have them documented by a medical professional
Contact a personal injury lawyer about your legal rights.
Speak with any witnesses to obtain their contact information
Report the slip and fall to the property owner or manager
Use your cell phone to ta ke pictures of the accident location. Winter conditions can quickly dissipate, and it’s important to document the condition of the property at the time of the accident.

WINTER SAFETY TIPS

In order to avoid slipping and tripping in the winter, follow these safety precautions:

Always wear footwear that is appropriate for outdoor weather conditions; choose shoes or boots that offer increased traction.

Walk carefully and take smaller steps. Keep a steady pace and avoid running, brisk walking, or sudden directional changes.

Always keep pathways clear of snow and ice. Use ice melt and shovel your sidewalk and steps regularly.

Avoid distractions as you walk; do not use your cell phone or other electronics.

CONTACT YOUR ATTORNEY

If you or someone you know has had a slip and fall accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your claim.

Unprecedented

Mon, 06 Feb 2023 19:53:56 GMT

A School Shooting Like No Other

“UNPRECEDENTED”

Police are seeking answers as they investigate the events leading up to the January 6 shooting at Richneck Elementary school, wounding a 25-year-old elementary school teacher identified by officials as Abigail Zwerner. Police have repeatedly stated that the shooting was intentional, a fact that raises a myriad of questions and issues regarding the mental and behavioral health of the six year old. But perhaps a more fundamental question exists: how did a six year old have access to a loaded firearm and get it into school?

The gun allegedly used in the shooting was legally purchased by the child’s mother, who could face charges at the end of the investigation . It was the first shooting at a US school in 2023 and highlights what some gun policy experts believe is a dire need for stronger, more consistent laws nationwide, requiring adults to safely secure their guns out of the reach of children and others unauthorized to use them. It also reveals a lack of public education on the responsibility of gun owners to store their guns unloaded, locked and away from ammunition. Research shows child access prevention and safe storage laws are effective in reducing shootings among youth, according to a report released on Tuesday by the RAND Corporation , a public policy research organization. The report recommends states without such laws consider adopting them to reduce gun-related suicides, homicides and unintentional injuries and death among youth.

SAFE STORAGE AND CHILD ACCESS PREVENTION LAWS

Every year, hundreds of children in the US gain access to firearms and unintentionally shoot themselves or someone else, according to research by Everytown for Gun Safety, a leading non-profit organization focusing on gun violence prevention. In 2022, there were 301 unintentional shootings by children, resulting in 133 deaths and 180 injuries nationally, Everytown data shows. Research shows the most restrictive laws regarding secure storage or child access prevention are also the most effective, said Lois Kaye Lee, a pediatrician and the chair of the American Academy of Pediatrics Council on Injury, Violence and Poison Prevention.

States holding gun owners criminally liable for any violation are associated with decreased rates of firearm deaths in children under the age of 14, said Lee, who is one of the authors of the 2019 study. the Be SMART program , a framework to help normalize conversations and educate adults about secure firearm storage, was launched in 2015 by Moms Demand Action , and has been fighting for gun safety measures since the 2012 Sandy Hook Elementary School shooting.

GEORGIA’S EFFORTS

Georgia law generally makes it unlawful for any person to intentionally, knowingly, or recklessly furnish a handgun to a minor under age 18, subject to multiple exceptions discussed below.1 A minor’s parent or legal guardian may also be held criminally liable for “permit[ting]” their minor child to possess a handgun in circumstances where they know the minor is engaging in conduct that constitutes illegal possession of a handgun and the parent or guardian failed to take reasonable efforts to prevent them from doing so. A separate provision of Georgia law prohibits any parent or legal guardian from intentionally, knowingly, or recklessly furnishing, or permitting a minor to possess a handgun, if the parent or legal guardian is aware of a substantial risk that the minor will use the handgun to commit a felony. This criminal liability also attaches if the parent or legal guardian, who is aware of a substantial risk that the minor will use the handgun to commit a felony, fails to make reasonable efforts to prevent commission of the offense by the minor. A parent or legal guardian may also criminally liable if they furnish a handgun to, or permit possession of a handgun by, any minor who has been convicted of a forcible felony or forcible misdemeanor, or who has been adjudicated delinquent for an offense which would constitute a forcible felony or forcible misdemeanor if such minor were an adult.

Georgia law does not otherwise expressly make it unlawful for an adult to negligently or recklessly leave unsecured firearms, including handguns and long guns, accessible to unsupervised minors. Georgia does not require a locking device to accompany the sale of a firearm, although federal law applies, and generally does not require firearm owners to affirmatively lock their weapons. State administrative regulations may govern the secure control of firearms in certain locations.

A TODDLER AND A GUN

On January 16, 2023, a toddler—wearing only his diaper—is waiving a loaded firearm around the landing of an apartment complex. At one point he puts the gun under his chin. No adult or supervisor of any sort is around. An observant neighbor calls the police, who arrest the father, retrieve the weapon, and take the toddler to his mother.

Picturing a diaper-clad toddler brandishing a loaded semi-automatic gun would be difficult but for the fact that the whole horrifying incident was caught on security camera video. The video will be Exhibit A in the child custody case sure to come, as well as the perfect example of why safe storage and child access laws are so important.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured by the ac cidental discharge of a firearm, contact Dave Thomas of The Thomas Law Firm for a free evaluation of your legal claim.

The Injury that Shocked the Nation

Mon, 06 Feb 2023 19:32:58 GMT

A Tragic Reminder that Football is a Dangerous Sport

January 2, 2023 was the first Monday Night Football game of the new year. The Buffalo Bills were playing the Cincinnati Bengals on their home field. A routine tackle was made by a Bengals player on a Bills player, Damar Hamlin, during the first quarter. But the tackle was not so routine: after the tackle, Hamlin stood up then fell backwards, unconscious. Medical personnel rushed onto the field and discovered that Hamlin was in cardiac arrest. After receiving CPR for over 9 minutes, Hamlin was placed in an ambulance and taken to the University of Cincinnati Medical Center, where he remains. He is steadily improving.

By now, just about everyone in the country has heard about and/or seen some version of the incident described above. Hamlin, a native of Pittsburgh Pennsylvania, is only 24 years old and until Monday night, was a healthy young athlete. While many doctors have speculated that the tackle on Hamlin could have caused a hit to his chest in exactly the wrong place at the wrong time and caused his heart to stop beating, it is not yet known exactly what led to Hamlin’s on-field cardiac arrest. A lack of information regarding the cause of Hamlin’s injury has nonetheless not stopped experts and lay people alike from opining about the danger inherent in football and the risks associated with contact sports in general.

THE RISKS

Because American football is a full-contact sport, head injuries are relatively common. According to the San Francisco Spine Institute at Seton Medical Center in Daly City, California , up to 1.5 million young men participate in football annually, and there are an estimated 1.2 million football-related injuries per year. An estimated 51% of injuries occur during training sessions, while 49% occur elsewhere. Injuries are nearly 5 times more likely to happen during contact training sessions than in controlled, non-contact sessions. Older players are at the most risk for injuries, while teams with experienced coaches and more assistant coaches are less likely to experience injuries. 50% of injuries occur in the lower extremities (with knee injuries alone counting for roughly 36% of all injuries) and 30% occur in the upper extremities. ^[1]

The most common types of injuries are strains , sprains , bruises , fractures , dislocations , and concussions . ^[1] According to the NFL Physicians Society, the most common injuries in football are "concussions, blunt injuries to the chest such as cardiac contusions , pulmonary contusions , broken ribs , abdominal injuries , splenic lacerations and kidney injuries." ^[2] Orthopedic injuries to the knee, foot, ankle, shoulder, neck and back are also common, as are muscle strains to the hamstrings, quads, calves and the abdomen.

Although football is perhaps the most extreme example of a dangerous pastime, other sports have significant risks of injury, too. Soccer is estimated to cause around 412,607 injuries (in both male and female players) a year , and a projected 22% of these injuries are concussions . Traumatic brain injuries (TBIs), more commonly known as concussions, are usually caused by trauma to the head (often by a heavy item or a hard fall). Basketball is one of the most popular sports worldwide and another one of the most dangerous sports, causing around 169,904 injuries a year . Because of the need for rapid hand movement, jammed fingers are one of the most commonly seen injuries in this sport. Sprains are also common in basketball.

INJURIES IN YOUTH SPORTS

In the U.S., about 30 million children and teens participate in some form of organized sports, and more than 3.5 million injuries each year are experienced by the participants. Almost one-third of all injuries incurred in childhood are sports-related injuries. By far, the most common injuries are sprains and strains.

The following statistics are from the National SAFE KIDS Campaign and the American Academy of Pediatrics:

Injury rates:

More than 3.5 million children ages 14 and younger get hurt annually playing sports or participating in recreational activities.
Although death from a sports injury is rare, the leading cause of death from a sports-related injury is a brain injury.
Sports and recreational activities contribute to approximately 21 percent of all traumatic brain injuries among American children.
Almost 50 percent of head injuries sustained in sports or recreational activities occur during bicycling, skateboarding, or skating incidents.
More than 775,000 children, ages 14 and younger, are treated in hospital emergency rooms for sports-related injuries each year. Most of the injuries occurr as a result of falls, being struck by an object, collisions, and overexertion during unorganized or informal sports activities.

The risk of injury should not be a deterrent to participation in sports. It should be an incentive to make sports safer, however. Recent advances in safety equipment (helmets and pads, e.g.), as well as mandated safety protocols for practices (addressing excessive heat; minimum time on the bench for head injuries, etc.) have reduced the injury rates for many sports. It is realistic to hope that this trend continues, and that both professional and youth sports become safer as medical and technical advances are implemented.

CONTACT YOUR ATTORNEY

If you or someone you know is seriously injured while participating in a sport, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your claim.

The First Day of Winter...Brings a Massive Winter Storm

vxed7b4k2f4e9lsw — Wed, 21 Dec 2022 18:31:13 GMT

The Twelve Days of Christmas Start with a Winter Storm

WINTER IS HERE…AND SO IS A HUGE WINTER STORM

It seems that winter is arriving right on schedule. This week marks the first official day of the season, and according to all the weather forecasts, much of the country is going to celebrate the occasion with a huge winter storm. Temperatures in the teens with wind, ice and snow might make for a White Christmas, but will also make for some hazardous driving conditions. Just being outside for any length of time in sub-zero wind chills can be dangerous.

DRIVING IN WINDY WEATHER

Caravans and tall lorries are most affected by gusts. However, cars can still be shoved around during blustery weather. When driving through areas prone to strong winds or when weather forecasts predict severe weather, drivers should take extra care - especially in areas surrounded by trees as strong gusts could lead to falling branches. Motorists also need to watch for pillars on bridges, where sudden falls in wind pressure can result in swerving.

DRIVING IN EXTREME WEATHER

Breakdowns almost double during cold weather, according to the AA. A common cause of breakdowns are flat batteries, which should be replaced every five years. Using the heater and other electrical in the car too often can drain the battery quicker. Batteries should be in good condition, fully charged and checked before heading off - especially before a long journey in bad weather. Make sure there is equal mixture of water and antifreeze in the radiator to prevent it from freezing over on days where temperatures drop to 5C or lower. During cold, snowy or icy weather, drivers should:

Not drive too fast.
Leave a big enough gap behind the car in front to allow a good amount of time to respond.
Brake gently and earlier than normal.
Make sure windows are clear and all snow is completely off the car before driving.
Not panic when in contact with black ice. Instead, stay calm and let the vehicle pass over it.
Only drive if it is necessary if weather conditions are bad.

AAA RECOMMENDATIONS FOR DRIVING IN ICE

Meteorologists are predicting heavy rain, wind gusts, and then plunging temperatures. The rapid drop in temperature will turn wet roads and sidewalks into icy free-for-alls, right at the very height of holiday travel. The AAA advises drivers to prepare their vehicles; iced-over vehicles can limit driver visibility, and ice flying off cars can be hazardous to fellow drivers, so de-ice vehicles before driving. The AAA also suggests drivers clean their windows and windshield, replace their window wiper blades if they’re leaving streaks and clean all snow and ice from their hood, roof, trunk, lights and windows. Drivers should warm their car’s engine for a few minutes before getting on the road.

When driving in icy conditions, the AAA recommends drivers avoid stopping if possible. Instead, motorists should drive slowly so their car keeps rolling without requiring a full stop. When motorists do brake, they should not remove their foot from the brake or pump the pedal if they have anti-lock brakes, the AAA advises. Drivers that don’t have anti-lock brakes should keep their heel on the floor and apply firm pressure to the brake pedal to the threshold of locking. In case of skidding, drivers are advised to steer in the direction they want the front of the car to go, keeping their eyes on the travel path. They should not slam on the brakes – that’s likely to make it harder to regain control. When motorists do brake, they should not remove their foot from the brake or pump the pedal if they have anti-lock brakes, the AAA advises. Drivers that don’t have anti-lock brakes should keep their heel on the floor and apply firm pressure to the brake pedal to the threshold of locking. Additionally, the AAA suggests drivers avoid cr uise control when driving on slippery surfaces.

THE HAZARDS OF EXTREME WEATHER OFF THE ROAD

Extremely cold weather is dangerous, on and off the road. Extremely cold air comes every winter in at least part of the country and affects millions of people across the United States. The arctic air, together with brisk winds, can lead to dangerously cold wind chill values. People exposed to extreme cold are susceptible to frostbite in a matter of minutes. Areas most prone to frostbite are uncovered skin and the extremities, such as hands and feet. Hypothermia is another threat during extreme cold. Hypothermia occurs when the body loses heat faster than it can produce.

BE PREPARED

The forecasted winter storm and subsequent arctic chill mean that traveling over the river and through the woods to grandmother’s house might not be so easy. If there is flexibility in the travel schedule, it makes sense to travel on the days when there is the least amount of precipitation and wind. If travel on bad weather days cannot be avoided, preparing your car and yourself is a good idea. Make sure your car has enough gas, antifreeze, and windshield wiper fluid. Keep jumper cables in your trunk in case your battery dies. Bundle up in warm clothing, and keep a blanket, flashlight and water in your car in case you get stranded.

CONTACT YOUR ATTORNEY

Despite all of our planning and preparation, accidents still happen. If you or someone you know is involved in an accident, contact Dave Thomas at The Thomas Law Firm. Dave Thomas is an experienced personal injury attorney who can evaluate your claim for free.

The Twelve Days of Delivery

vxed7b4k2f4e9lsw — Fri, 16 Dec 2022 16:14:13 GMT

Online Shoppers Create Real-World Accidents

SHOPPING ONLINE CAUSES REAL-WORLD ACCIDENTS

It might seem counter-intuitive that doing your Christmas shopping online can cause real-world accidents, but it does. With the increase of people ordering Christmas gifts shipped right to their homes , delivery fleets have struggled to maintain adequate staffing. Sometimes, they have to hire people without adequate experience or without knowledge of a neighborhood.

Lax hiring and training practices can mean that a delivery truck parks in a blind spot, blocking traffic and causing an accident, or that it pulls out aggressively into traffic and causes a crash. Other drivers on the road must be especially attentive when watching for big commercial trucks and delivery drivers in the weeks before Christmas in order to protect themselves from the risks taken by drivers on tight deadlines.

Of course, it is not just trucks rushing to deliver consumer goods on time that can create traffic nightmares. Grocery stores require shipments of huge amounts of potatoes and frozen turkeys in November, as well as gift wrap. Christmas trees and gift items for the holiday purchasing season are also in high demand. In addition to commercial traffic in the form of large trucks supplying big retailers, there are also countless delivery vehicles operating for individual shops and consumer shipping services.

THE TWELVE DAYS OF DELIVERY

As deliveries increase, and the pressure of overnight or 3-day deadlines looms, more crashes occur. According to The National Highway Traffic Safety Administration (NHTSA) , the days leading up to Christmas day until New Years day tend to have many traffic fatalities. Employers may try to push commercial truck drivers to deliver more and more cargo, and driving for extended periods of time can lead to exhaustion and impaired driving. Vehicle accidents result.

According to NSC Injury Facts , large trucks, both commercial and noncommercial, accounted for 10% of all fatal auto accidents. Accidents involving commercial trucks typically increase when the drivers are drowsy or fatigued. The National Highway and Traffic Safety Administration (NHTSA) finds that drowsy drivers are two times as likely to make driving errors at critical moments as opposed to well-rested drivers. These errors can lead to fatal accidents.

DEFENSIVE DRIVING

Defensive driving on the part of vehicles sharing the road with large trucks is a good way to minimize the risk of an accident. Specifically:

Avoid blind spots. Blind spots are indicated on the back of trucks for a good reason. Trucks really are unable to see cars in those areas, which means a truck driver might think they are clear to make a lane change when a car is actually traveling in a precarious, invisible spot. Avoiding these areas can help avoid an accident.
Pass trucks carefully. You should always expect that a truck, like another car, might abruptly cut into a lane that is currently open. You are in charge of your own safety, and being aware of this possibility can help you plan and then react when it happens.
Expect air turbulence. As trucks travel down a highway, they cause air turbulence which can cause smaller cars to be buffeted. Over adjusting to buffeting can cause a car to hit the side of the truck or another vehicle. Anticipating such buffeting can avoid overcorrection.

LIABILITY

Trucking accidents involve many individuals and usually at least one company or agency depending on what type of trucker drives the vehicle. For commercial trucks, the driver may hire on through a company that transfers and ships equipment or items, but he or she may also drive as an independent contractor without a connection to an agency. In these situations, the trucker may remain solely liable for the incident. Knowing which connection exists is vital for the victim in seeking compensation. Often, an experienced personal injury lawyer is needed to navigate the complex issues of liability. The lawyer may investigate the matter to determine who is at fault, and will make sure that all potentially responsible parties are involved in working through a victim’s claim.

CONTACT AN ATTORNEY

If you have been in an accident involving a delivery vehicle or truck, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your claim.

The Most Dangerous Time of the Year

vxed7b4k2f4e9lsw — Wed, 14 Dec 2022 15:47:33 GMT

Hunting Season has Begun

’TIS THE SEASON FOR…HUNTING ACCIDENTS

According to the latest US Fish & Wildlife Service survey, 11.5 million Americans hunt, with about two-thirds of them exclusively using firearms. Firearms season openers are close to Thanksgiving weekend in many states. The Hunter Incident Database recorded 96 incidents nationwide in 2020, and more than half involved deer hunters. The last several years of data also show about half of all incidents consistently occurred in the months of November and December. Once-a-year hunters who might be combining some vacation time with some holiday cheer, and who share crowded woods with inexperienced shooters all contribute to making the Most Wonderful Time of the Year also the Most Dangerous Time of the Year.

THE STATISTICS

In 2019, over 15 million people paid for hunting licenses across the U.S.A. with over 1 million of them from Texas alone[4]. Pennsylvania comes in second with over 956,000 paid-for license holders, with Wisconsin, Minnesota, and Georgia all in the high 600,000 range. With such high numbers of gun and bow-wielding hunters out in the wild, fatality numbers are actually fairly low. Over the past 20 years, unintentional fatalities by firearms have been on the decline; from 1997 through to 2017, the number has dropped by 50.5%. But firearms are not the only danger when hunting. In addition to firearms-related incidents, treestand falls, pre-existing health conditions, and freak accidents also lead to hunter deaths and injuries this time of year.

CAUSES OF HUNTING ACCIDENTS

As noted above, hunting is a popular past-time in this country. Although firearms fatalities have declined, there are still a significant number of accidents that occur every year involving hunting. Some of the incidents are from falls, either from tree stands or other perches, or from tripping over objects, tree roots, etc., while focusing on prey. Other incidents involve accidental discharge of firearms. Consider the example of a 10-year-old in Cache County, Utah who died in 2015 after he was unintentionally shot by a hunting companion who was removing his rifle from the front of a four-wheeler when it fired. In 2019, the Hunter Incident Database reported 56 hunting-related shooting accidents. ³ Around eight of these were caused by handguns, 23 were caused by shotguns, and 25 were caused by rifles.

Children are especially vulnerable when hunting. By virtue of their age, they typically do not have much experience with firearms—if any—and being out in the woods during a hunt can be disorienting. Consider this example of a hunting incident involving a minor: A 12-year-old in Stephens County, Oklahoma was hospitalized in 2014 after his 10-year-old brother unintentionally shot him in his backside after he tripped and fell with a gun in his hand while hunting. And this: A 16-year-old from Exeter, California died in 2015 while hunting with family and friends after he was unintentionally shot when he wandered in front of the other hunters. Children are also vulnerable to becoming the unwitting shooter themselves: In 2014 near Butte, Montana, a 13-year-old was unloading his rifle and unintentionally shot an adult from his hunting party in the abdomen, sending the man to the hospital in critical condition.

SAFETY TIPS

Being educated about firearms and hunting goes a long way toward improving safety. When Missouri made education mandatory in 1987, hunting accidents and deaths decreased by more than 70 percent.

Below are some suggested precautions to observe while hunting:

Wear hunter orange when in the woods. Use hunter orange to identify your hunting location.
Dress defensively. Never wear red, white, blue or black while hunting turkey.
Know the effective range of your gun.
Always identify your target before putting your finger on the trigger.
Never shoot at sound or movement. Assume it is another hunter until you can clearly see the animal.
Stay aware of other hunters.
Be sure of your target and what lies beyond it.
Make sure your equipment is in good working condition and your firearm is properly sighted in.
If you hunt on private land, know where the boundaries, houses, roads, fences and livestock are located on the property.
Report observed violations of the law to a conservation agent or local sheriff.
Know and obey all wildlife laws and gun safety.
When using a camouflage blind, other hunters cannot see you even if you are wearing hunter orange. Tie hunter orange on each side of the blind so it can be seen from all sides.
If you are an inexperienced hunter, seek out experienced hunters that you can learn from.

Of course, not drinking alcohol while hunting is a common sense safety measure, but one that is ignored all too often!

CONTACT YOUR ATTORNEY

If you or someone you know is involved in a hunting accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Are the Rules of the Internet Going to Change?

vxed7b4k2f4e9lsw — Mon, 28 Nov 2022 18:13:56 GMT

The Supreme Court Turns Its Attention to the Internet

WILL THE SUPREME COURT CHANGE THE INTERNET?

The United States Supreme Court recently granted certiorari to a case, Gonzalez v. Google , and might grant certiorari to another case/cases, Netchoice LLC v. Moody and Netchoice LLC v. Paxton, which ask the Court to consider the very nature of the way the internet operates. Because this Supreme Court has shown a willingness to overrule precedent and because the questions being reviewed go to the very structure of the internet, the stakes in these cases are extremely high.

GONZALEZ v. GOOGLE LLC

The Supreme Court granted certiorari in Gonzalez v. Google LLC , 2 F.4th 871 (9th Cir. 2021) on the following question presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?” This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.

In Gonzalez , the estate of Nohemi Gonzalez, a victim of the November 2015 terrorist attacks in Paris, sought to hold Google liable under the Anti-Terrorism Act for recommending videos through its YouTube algorithms that were posted by the terrorist group ISIS. A court in the Northern District of California found that Section 230(c)(1) protected Google against the claims, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

The key thing to understand about the Gonzalez case is that it differs from previous attempts to reign in the blanket immunity afforded by Section 230 to internet platforms. The Gonzalez lawsuit does not argue that YouTube should not be hosting IS videos (section 230 allows that) but that its “recommendation” algorithms, which may push other, perhaps more radicalizing, videos, renders it liable for the resulting damage. In other words, while YouTube may have legal protection for hosting whatever its users post on it, it does not – and should not goes the argument – have protection for an algorithm that determines what they should view next.

The Supreme Court could decide that Section 230 does in fact protect platforms from liability for posts, even ones by terrorist groups like ISIS, but that the algorithms that recommend content (vs. moderate it) take the platform out of the scope of Section 230 protection. It could be argued that such a decision would be consistent with free speech tenets but go a long way toward inhibiting the online radicalization and recruiting of violent groups.

MODERATION v. CENSORSHIP

In September, the Florida Attorney General asked the Court to review the Eleventh Circuit’s ruling in NetChoice, L.L.C., v. Moody et al ., 34 F.4th 1196 (11th Cir. 2022) that a Florida law prohibiting online services from moderating content by political candidates or “journalistic enterprises” violates the First A mendment. The Fifth Circuit recently concluded in NetChoice L.L.C. v. Paxton , 2022 WL 4285917 (5th Cir. Sept. 16, 2022) that a similar Texas law restricting online “censorship” does not violate the First Amendment and, last week, NetChoice filed a motion in the Fifth Circuit to block enforcement of the law while it files a petition for the Supreme Court to review the Fifth Circuit’s decision. The circuit split between Moody and NetChoice increases the likelihood that the Supreme Court will agree to hear one, or both, of the cases. Several Justices have expressed interest in the application of the First Amendment to online platforms.

The Netchoice cases arise out of a pervasive view held by conservatives that social media is biased in favor of liberals and that the moderation of content by algorithms will disproportionately remove conservative content. Conservatives equate this content moderation with censorship, and argue that it violates the First Amendment guarantee of free speech. These cases are important on several levels since they ask the questions: (1) can platforms be liable for content they remove rather than keep online? and (2) even if the algorithms at issue result in a form of censorship as argued, can a private company be held liable for censorship? If the U.S. Supreme Court grants certiorari, the answers to these two questions would have wide-ranging repercussions.

THE ROLE THAT CONGRESS COULD PLAY

It can be argued that clarifying the scope of Section 230 is properly the role of Congress, not the judiciary, and that the internet has evolved so much in the 26 years since the passage of the CDA and Section 230 that a re-definition of it is overdue. Such an argument is logical, but Congress taking action soon is unlikely. Similarly, addressing the issue of censorship online and of whether private companies can engage in it would seem to be under the purview of Congress. But Congress has shown an inability and unwillingness to resolve this thorny dispute.

WHAT IS AT STAKE

As noted above, the Supreme Court’s decision in the Gonzalez case will have huge repercussions since it would re-define the scope of the immunity provided by Section 230. It is no exaggeration to say that the broad interpretation of its protection of platforms is what has allowed these companies to become enormously profitable. Limiting that protection, especially if the limitation involves one of the core functions of an algorithm, could disrupt the business model of platforms. On the other hand, continuing to protect platforms structured, in part, on promoting and contributing to violence is not a sound policy. The internet is no longer a nascent media form, and the tech companies that own these platforms are some of the biggest, most profitable corporations in the world. They do not need such unrestricted immunity.

If the Supreme Court agrees to hear the Netchoice, LLC cases, their decision will have far-reaching ramifications for free speech. Equating content moderation with censorship means not only that a private company is accused of an action that only the government is prohibited from taking, but that a company can be liable for content it removes (rather than content it leaves in place). In other words, the very nature of the algorithm is the source of liability and that means that much more transparency would be required—something that the tech companies have staunchly resisted so far.

Just as the Court has changed the legal landscape with respect to abortion and firearms, it now seems poised to create an equally seismic change with respect to the internet. Stay tuned.

On the Road Again

vxed7b4k2f4e9lsw — Mon, 21 Nov 2022 13:48:41 GMT

'Tis the Season for Delivery Trucks

'TIS THE SEASON OF DELIVERY TRUCKS

The holidays are approaching, and that means people are shopping—for gifts, for festive clothing, for home goods. With more people shopping online than ever before, there are more and more delivery trucks on the roads, ranging from vans to Fedex and UPS vehicles to semi-trucks carrying full trailers of cargo.

Even the volume of mail being sent through the U.S. Postal Office increases around the holidays, with invitations to holiday events and parties, Christmas and Hanukkah cards, and packages. The increased mailings lead to more U.S. Postal Service trucks on the road, and more postal workers walking around neighborhoods—with the potential to become pedestrian casualties.

According to data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), there were a total of 4,102 casualties in multiple-vehicle crashes involving a truck in 2017. This number shows a significant 52% rise from the lowest point back in 2009 since the report was first drawn up when 3,147 were killed in the same manner. Data from the National Safety Council shows that 32.34 percent of trucking accident fatalities occur between November and January. This means that nearly one out of every three trucking fatalities happens during the holidays.

Below, states are ranked for the total number of trucks involved in fatal accidents:

1. Texas – 543 (that makes up 14.3 percent of the nationwide total)

2. California – 244

3. Florida – 194

4. Pennsylvania – 175

5. Georgia – 149

6. Ohio – 146

7. North Carolina – 132

8. Oklahoma – 124

9 and 10. Illinois and Indiana each had 115 large trucks involved in fatal crashes

MOST COMMON CAUSES OF ACCIDENTS

Although every accident has unique circumstances, there are common characteristics that can be identified. For example, many accidents involving delivery trucks happen when the truck makes a sudden stop, or makes a sudden turn without signaling. We have all been behind a truck at some point when these unanticipated movements occur, and have had to apply our brakes quickly in order to avoid hitting the truck.

Backing up without ensuring that no cars or pedestrians are in the way is another common cause of accidents involving delivery trucks. Roughly one out of every four accidents (25%) involves backing. Considering that the average driver operates in reverse less than a mile every year, this statistic is even more alarming. Improperly secured loads and mechanical failure are two additional common causes of accidents. They can be the result of failing to adequately check the truck, and can cause serious accidents if, for example, the load breaks loose or brakes fail to work properly. The Insurance Institute for Highway Safety's Fatal Causation Study found that in 55% of truck accidents involving injury, the truck had at least one mechanical failure.

Distracted driving and drowsy driving are two major causes of deadly accidents. Truck drivers work long shifts and are under pressure to get to destinations on time. With a severe shortage of drivers still occurring, the drivers that are employed are working longer and longer hours, resulting in exhausted and distracted people at the wheel of a 6 ton vehicle. In addition, some companies hire seasonal workers to deal with the extra volume of goods being delivered, and some of these seasonal workers lack experience and sufficient training, making their task of delivering goods all the more dangerous.

LIABILITY

Accidents involving delivery trucks can pose more complexities in an injury case, in part because there are usually going to be at least three parties involved: the two drivers in a collision, and the truck driver’s company. This may mean a more complicated road towards a justified level of compensation, which highlights the importance of having the best legal representation possible if you are involved in such a case.

In delivery truck accidents, there are several parties who could potentially be held liable:

Truck Drivers - Truck drivers can be held liable if it is found that they were driving negligently or recklessly. This could include speeding, driving under the influence, or violating other traffic laws.

Truck Companies - The trucking company that the driver is employed by can also be held liable if it is found that they did not properly maintain the truck or if they encouraged the driver to take risks on the road (for instance, by not including sufficient time for rest/sleep when scheduling drivers, or for setting unrealistic destination times). More often than not, a trucking company will be found liable for a collision rather than the truck driver.
Parts Manufacturers - In some cases, accidents may be caused by defective truck parts. In these instances, the manufacturer of the defective part can be held liable.

CONTACT YOUR ATTORNEY

Dave Thomas at The Thomas Law Firm is a personal injury attorney who has a lot of experience in truck-involved accidents. Contact him for a free consultation about the compensation your claim deserves.

A RARE WEATHER EVENT--AGAIN

vxed7b4k2f4e9lsw — Mon, 14 Nov 2022 14:42:30 GMT

A Rare November Hurricane

A RARE NOVEMBER HURRICANE

Tropical Storm Nicole hit the Eastern Coast of Florida as a Category I hurricane on Thursday, November 10, 2022. Parts of Florida still recovering from the catastrophic Hurricane Ian were once again battered by high winds, heavy rain, and flooding. As Nicole moved into Georgia, some areas were bracing for 1-3 inches of rain. Several north Georgia school districts canceled classes due to the heavy rain. The rain may also threw a wrench into some Friday plans across metro Atlanta; Marietta canceled its annual Veterans Day Parade. Atlanta-based Delta canceled nearly 150 of its Thursday flights, according to FlightAware.com . That includes more than 75 flights at Hartsfield-Jackson International Airport, many of them to and from Orlando and other airports in Florida. Car accidents due to the heavy rain and wind gusts have been reported around Atlanta.

THE EFFECTS OF CLIMATE CHANGE

Nicole's surge was more destructive than those of similar storms in the past because seas are rising as the planet’s ice melts due to climate change, according to Princeton University climate scientist Michael Oppenheimer. Higher coastal flooding is flowing deeper inland, and what used to be once-in-a-century events will happen almost yearly in some places. With the center of the storm about 70 miles (115 kilometers) southwest of Macon, Georgia, and maximum sustained winds at 35 mph (55 kph), forecasters issued a string of tornado warnings in North and South Carolina, although no touchdowns or damage were reported immediately. Much of both states and Virginia were under a tornado watch. So far, 5 deaths are attributed to Nicole.

COP27

While states along the southeast coast of the U.S. are being hit with yet another rare weather event, the United Nations Climate Summit, COP27, is occurring at the other side of the world. COP27 takes place in Sharm El-Sheikh, Egypt and marks 30 years since the United Nations Framework Convention on Climate Change (UNFCCC) was adopted and seven years since the Paris Agreement was agreed at COP21. An annual event, the ‘Conference of the Parties’ or ‘COP’ brings together the governments which have signed the UNFCCC, the Kyoto Protocol or the Paris Agreement.

The world cannot rely on emissions reductions alone to fight climate change — it’s clear from ongoing extreme weather that some impacts are inevitable. Yet adaptation receives less than mitigation and far below what’s really needed to build resilience. At COP26, wealthy countries pledged to double adaptation finance; at COP27, they must show how they’re going to do it and ensure it reaches the communities that need it most. Negotiators must also better define the Paris Agreement’s Global Goal on Adaptation, including prioritizing adaptation projects led by local communities. Around half of the world’s population is ‘highly vulnerable’ to the impacts of climate change, with those in highly vulnerable regions already 15 times more likely to die due to floods, droughts, and storms compared to regions with very low vulnerability.

The National Adaptation Plan (NAP), details approaches to reduce vulnerability, build capacity to adapt and increase resilience, and to integrate climate adaptation into policies and planning at a national level.

WHAT THIS MEANS FOR GEORGIA

Climate adaptation means moving beyond resilience to the active planning and implementing of strategies locally to reduce the impacts of climate change. Cooling strategies to reduce heat islands can help communities adapt. Louisville, KY, is the fastest growing urban heat island in America due to a lack of tree cover and the prevalence of dark, dense surfaces such as asphalt, concrete, brick, and metal. To reduce future climate risks, Louisville is performing a surface materials inventory so that city managers can take action where heat relief is most needed. Heat-reducing solutions include strategic tree planting, using cooler roof technologies (green, white, and reflective roofs) and adding more porous sidewalks and other green infrastructure. Georgia was the first state to add cool roofs to its energy code, allowing a reduced roof insulation level if a cool roof with a 75 percent minimum solar reflectance and 75 percent minimum thermal emittance is installed. Florida also gives cool roofs credit in its building energy code. Buildings using a roof with 70 percent minimum solar reflectance and 75 percent minimum thermal emittance are eligible to reduce the amount of insulation needed to meet building efficiency standards, as long as a radiant barrier is not also installed in the roof area.

The impacts of climate change on the southeastern U.S. are both seen and unseen. Some climate change impacts, such as sea level rise and extreme downpours, are being acutely felt now. Others, like increasing exposure to dangerously high temperatures—often accompanied by high humidity—and new local diseases, are expected to become more significant in the coming decades.

Increasing population also places stress on the environment, as well as making the impacts of climate change felt more acutely. Metropolitan Atlanta has been swiftly growing, adding 69,200 residents in just one year. At the same time, many rural counties in the South are losing population. These trends toward a more urbanized and dense Southeast are expected to continue, creating new climate vulnerabilities but also opportunities to adapt as capacity and resources increase in cities.

The impacts of climate change on water infrastructure also need to be addressed. Infrastructure related to drinking water treatment and wastewater treatment may be compromised by climate-related events. The development of “green” water infrastructure (using natural hydrologic features to manage water and provide environmental and community benefits), such as the strategies promoted in the City of Atlanta Climate Action Plan, is one way to adapt to future water management needs. Implementation of these strategies has already resulted in a reduction in water consumption in the city of Atlanta, relieving strain on the water utility and increasing resilience.

Sea level rise due to melting glaciers and increased precipitation is a much-talked about phenomenon, and is already occurring. Georgia’s coastal areas such as Hilton Head Island, Tybee Island, and Savannah are huge tourist attractions, and they are extremely vulnerable to flooding. Sea level rise is already causing an increase in high tide flood events in the Southeast region and is adding to the impact of more extreme coastal flooding events. In the future, this flooding is projected to become more serious, disruptive, and costly as its frequency, depth, and inland extent grow with time.

WHAT WE CAN DO NOW

While mitigation—reducing carbon emissions and greenhouse gas output—is crucial, we are now at a point where adaptation is equally essential. All of us need to become educated in the climate change impacts most likely to affect our area, and engage in adaptation policy and planning. International summits such as COP27 are important, but they cannot replace local efforts. When a hurricane, even a category I hurricane, hits us in November, we should all take note and commit ourselves to securing a less vulnerable future.

If you or someone you know has been injured from an accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Daylight Saving Time

vxed7b4k2f4e9lsw — Sat, 05 Nov 2022 17:14:18 GMT

The Last Fall Back?

THE END OF AN ERA?

At 2 a.m. ET on Sunday, November 6, 2022, clocks in the U.S. will turn back one hour as daylight saving time ends, marking the beginning of winter's dark evenings. This change may be the last time we “fall back;” in March the Senate voted unanimously in favor of the Sunshine Protection Act, which would make daylight saving time permanent year-round for all states but Hawaii and most of Arizona, which would continue to observe year-round standard time.

But the bill has stalled in the House. While people argue about whether permanent daylight saving or permanent standard time is better, there does not seem to be a consensus among voters yet. However, there is a consensus about “the switch:” the majority of Americans do not want to keep switching the clocks back and forth. A 2020 study by the National Institutes of Health found that around 150,000 Americans experienced physical health problems caused by the biannual time changes.

WHAT THE SCIENCE SAYS

If the Sunshine Protection Act were to go into effect (in November 2023), studies predict that lives would be saved. Car accidents occur more often later in the day, and occur more frequently in dark conditions. Therefore, an extra hour of daylight at night translates into fewer motor vehicle accidents: a 2004 study estimated that switching to year-round daylight saving would result in 171 fewer pedestrian deaths each year and 195 fewer deaths among car drivers or passengers. Another study , published Wednesday, predicted that year-round daylight saving time would prevent 33 deaths and around 2,000 injuries among humans each year by reducing deer-vehicle collisions.

One expert summarized the above this way: darkness kills, sunshine saves — and darkness kills more people in the evening than it does in the morning.

THE ARGUMENT FOR PERMANENT STANDARD TIME

On the other side of the debate are those who want the U.S. to transition to permanent standard time. The strongest argument in favor of standard time is that it is closest to solar time, which sleep experts argue is best for human beings. The American Academy of Sleep Medicine supports permanent standard time, citing research showing that our bodies function best with more sunlight in the morning. A June study found that people whose clock times weren’t closely aligned with the sun had 22% higher road fatality rates than those living within 30 minutes of solar time. Circadian biologists believe ill health effects from daylight saving time result from a mismatch among the sun's “clock” and our clock. This mismatch impacts our social clock -- like work and school schedules -- and the body's internal 24-hour body clock.

FACT vs. FICTION

With the Sunshine Protection Act stalled in Congress, most of us will “fall back” this weekend. Below is a brief fact-check on the 100 year old tradition:

* It's daylight saving time, not daylight "savings" time. You are saving daylight, not savings

daylight.

Contrary to popular belief, daylight saving time was not invented for the benefit of farmers. Credit for Daylight Saving Time belongs to Benjamin Franklin, who first suggested the idea in 1784.

* The Germans were the first to officially adopt the light-extending system in 1915 as a fuel-saving measure during WW I.

From 1986 to 2006, DST in the U.S. started in April and ended in October but was extended to March through November beginni ng in 2007.
About 70 countries around the world observe DLS.

* Hawaii, American Samoa, Guam, Puerto Rico, the U.S. Virgin Islands and most of Arizona don't observe the time change.

CONTACT YOUR ATTORNEY

If you are involved in an accident, contact your personal injury attorney Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Halloween: A Holiday for All Ages

vxed7b4k2f4e9lsw — Thu, 27 Oct 2022 19:07:44 GMT

Ancient Tradition Leads to Uniquely Modern Risks

THE ORIGIN OF HALLOWEEN

Halloween has ancient Celtic origins, dating back 2,000 years to “Samhain,” the Celtic New Year’s Day that fell on November 1. Demons, fairies and spirits of the dead were thought to walk the Earth the night before. The Celts lit bonfires and set out gifts of food, hoping to win the favor of the spirits of those who had died in the past year. They also disguised themselves so the spirits of the dead wouldn’t recognize them. Around the 7th century, Samhain transformed into the Christian All Saint’s Day or All Hallows’ Day. The night before continued to be observed with bonfires, costumes and parades and came to be known as All Hallows’ Eve, or Halloween. When the Irish immigrated to America in the late 1800s—early 1900s, they brought the Celtic tradition to America. The Trick-or-Treating aspect of Halloween may have derived from a 16th century English tradition where the poor went begging on All Souls’ Day. Children took over this custom, and were given “soul cakes” in exchange for prayers. The development and popularization of candy, the growth of suburbs after WWII, and the explosion of consumerism in 1950s America turned Halloween into what it is today.

TRICK OR TREAT MEETS RUSH HOUR

Halloween is almost here, and in many respects it is a family-friendly holiday enjoyed by all ages. The chance to dress up in costumes, to see family and friends at school and in our neighborhoods, and of course, to eat a lot of sweets, is appealing to people no matter how young or old. But the holiday is not without risk. Whereas decades ago people worried about candy containing dangerous objects or toxic substances, today’s concerns center more on pedestrian and motor vehicle safety. When the holiday is celebrated on a weekday—this year October 31 falls on Monday—this concern becomes even more salient since drivers perhaps rushing to get home from work in time for trick-or-treating can collide with the kids wandering through the neighborhood already seeking their treats. While the pandemic-driven trend of working from home helps to somewhat alleviate this risk factor, data shows that fatalities are higher when the holiday is celebrated on a weeknight:

18% of the people who die in fatal crashes on Halloween are children
Pedestrians have a 50% higher chance of dying on Halloween than on the average day
Weekday Halloweens have 11% more fatal crashes than weekend Halloweens
Saturday Halloweens are safer for driving than the typical Saturdays

While you might think that weekends would be the worst culprit, the data shows that weekdays (Monday-Friday) comprise 8 out of the worst 10 spots with an average of 18.78% of traffic deaths being children. Saturday and Sunday Halloween nights see just 11.92% of traffic deaths being children.

Pedestrian risk, therefore, greatly increases on Halloween, and even more so on Halloweens celebrated on weeknights. Since it is established that Halloweens falling on the weekdays are worse for children, pedestrians, and the general population, communities might opt to celebrate the holiday on the last weekend in October. (See: Brentwood Borough in Allegheny County near Pittsburgh, which decided to change the date of trick-or-treating this year from Monday, October 31st to the Saturday before, October 29th.)

For the many ways to celebrate Halloween in and around Atlanta, Georgia, visit https://www.atlantanewsfirst.com/2022/09/19/ways-celebrate-halloween-atlanta/ . Haunted houses, parades, ghost tours, fun at the zoo and more are waiting!

DRUNK DRIVING

Drunk driving is a big issue on Halloween nights. Adult parties and the common practice of handing out a drink to adult escorts when handing out candy to children has led to heightened concerns regarding drunk driving. Statistics show that 44% of national fatal crashes during Halloween weekend involved a driver or motorcyclist with a BAC of 0.08 or higher and 38% of fatal crashes that occurred on Halloween night involved a driver or motorcyclist with a BAC of 0.08 or higher; 23% of pedestrian fatalities on Halloween night included a drunk driver.

If you are planning to host an adult Halloween party, make sure that you serve plenty of food and provide non-alcoholic beverage options. Collect car keys from guests who are drinking. Prepare to call taxis, ride shares, provide sleeping accommodations, or—if you’re sober—drive guests home yourself.

SAFETY TIPS

In general, dress your little trick or treater in a costume that can be seen; add glow sticks, necklaces or bracelets if their costume is dark. Caution your little ghost or ghoul to stay on well-lit paths, to stay with the group, to only approach doors and porches that are lit, and to only cross a street at the corner or intersection or where a crosswalk is marked.

Beware of food allergies (if your trick or treater has such an allergy, it might be a good idea to accompany them, since not all foods or candies make their ingredients obvious). Never accept a ride from a stranger, and don’t go into a stranger’s home.

For drivers specifically, be alert for trick-or-treaters on Halloween. Slow down and continue to scan the road in areas where they are likely to be or where sight distances are limited. Remember that on Halloween there will likely be more pedestrians on the roads and in places where they are not expected. Slower speeds save lives. Stay alert for pedestrians who may come out from between parked cars or behind shrubbery. Stop, and wait for them to pass.

CONTACT YOUR ATTORNEY

If you or your child is involved in an accident on Halloween, first make sure that all injured parties receive the medical treatment they need. If possible, get statements and contact information from witnesses, and take photos of the scene and the injuries. Then contact an experienced personal injury attorney like Dave Thomas at The Thomas Law Firm to schedule a free consultation regarding your legal rights.

Fall is the Season of Sports--and Accidents

vxed7b4k2f4e9lsw — Sat, 22 Oct 2022 16:05:22 GMT

Recovery for Accidents at Sports Events

GOING TO A ‘DAWGS GAME? BEWARE!

Fall is a great time of year for indulging your love of sports. College and Professional football, baseball playoffs and the World Series, and multiple marathons, walks, and bicycle events occur in the fall, affording the sports enthusiast plenty of choices when considering attending an event.

As a spectator, we don’t anticipate any injuries when attending a football or baseball game. However, injuries at these events do occur. The rowdy atmosphere—fans tailgating, drinking, and getting aggressive; people crowding into packed stadiums; and in some instances, fans rushing onto the field—can lead to injuries. If injured, do you have legal recourse?

In most cases, the stadium that is hosting the event will include, in fine print, a disclosure of general release of liability on the ticket. This means that if a fan or bystander is injured during the course of the game or event, the stadium cannot be held liable for the injuries. In special circumstances, however, if the stadium does not provide adequate security for unexpected occurrences—like a fight that takes place in the stands—a premises liability claim may apply. If it can be shown that the stadium’s staff did not provide adequate security, like taking the proper measures of crowd control or refusing to serve overly-intoxicated fans, the establishment may find themselves the target of a lawsuit.

Also, failing to properly maintain the facility is not covered under the “assumption of risk” waiver, as it may lead to injuries from slip and fall accidents that are unrelated to the natural course of the event.

COMMON HAZARDS THAT CAN CAUSE INJURIES

Some of the most common issues that lead to injuries in stadiums and arenas are:

Projectiles from the sporting event
Spilled liquids and slippery floors
Uneven walkways
Uneven or broken stairs
Broken chairs or stands
Broken railings or a lack of a necessary railing
Snow and ice on the ground or roof
Spectator violence
Auto accidents on the way to and from the stadium.

DETERMINING LIABILITY FOR INJURIES AT SPORTING EVENTS

Determining whether anyone or a ny entity is liable for your injury depends on the type of sporting event and the type of injury. For example, a foul ball hitting a spectator in the stands of a baseball stadium creates a very different scenario than a fan slipping and falling on debris in the stadium. In the former situation, the baseball fan might be barred from recovery due to his/her assumption of risk, a legal doctrine which holds that you cannot seek recovery for an injury caused by events which you should reasonably foresee as possible and which you accepted the risk of when deciding to attend the event. In other words, a baseball hitting you in the stands of a game is a known risk of attending a baseball game and therefore a risk which fans assume.

The latter situation is different and liability in that scenario depends on the circumstances surrounding the accident. If the owner of the stadium knew or should have known about the debris, or the debris was due to the owner failing to provide a safe, clean environment for the fans invited onto the property (perhaps through a failure to provide enough cleaning staff) then the owner could be held liable. The relevant inquiry is:

The owner knew or reasonably should have known of the dangerous condition
The owner failed to repair the dangerous condition
The dangerous condition caused your injuries.

Yet another scenario that can occur at sports events is injury due to a third party, such as a drunk fan assaulting another fan. Typically, the person committing the assault will be liable, but the owner of the premises can also be liable if it is shown that the facility lacked adequate security and this failure c ontributed to the injuries.

CONTACT YOUR ATTORNEY

Because recovery for injuries sustained at sports events is heavily dependent on the facts surrounding the injury, contacting an experienced personal injury attorney is essential to achieving a successful outcome for your claim. Dave Thomas at The Thomas Law Firm is an experienced attorney who fights for his clients to receive the compensation they deserve. If you have been injured at a sports event, contact Dave Thomas for a free consultation regarding your legal rights.

THE SUPREME COURT'S NEW TERM

vxed7b4k2f4e9lsw — Mon, 17 Oct 2022 14:23:57 GMT

Another Consequential Calendar

A NEW SUPREME COURT TERM

The United States Supreme Court’s new term started October 3, 2022. This week’s blog will be a bit of a departure from the subjects typically explored on this website in order to give a brief preview of some of the bigger, more impactful cases on SCOTUS’ docket. Many of these cases are in the news, and oral arguments for them are ongoing. The synopsis below of the most noteworthy cases before the Court will hopefully help readers understand the controversies and what is at stake in each case.

In Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, the Court will determine whether institutions of higher education can use race as a factor in admissions. The Supreme Court once again will look at whether universities may consider the race of applicants when trying to build diverse student bodies. It will examine the admissions policies at Harvard University and the University of North Carolina at Chapel Hill. Lower courts found that both schools complied with Supreme Court precedents that said race may be used as one factor universities can consider in a wide-ranging evaluation of applicants.

In Sackett v. Environmental Protection Agency , the Court will establish if the 9th Circuit set forth the proper test to determine whether wetlands are "waters of the United States" under the Clean Water Act. The case, involving an Idaho couple’s plans to build a house near the shores of Priest Lake, asks what test courts should use to determine what constitutes “waters of the United States,” protected under the Clean Water Act. In a 2006 case called Rapanos v. U.S. , the court could not muster a majority opinion. Four justices, led by Justice Antonin Scalia, said the provision means water on the property in question must have a connection to a river, lake or other waterway. But a fifth justice, Anthony M. Kennedy, created the test that emerged from the case, saying the act covers wetlands with a “significant nexus” to those other bodies of water.

Moore v. Harper: This redistricting case out of North Carolina could have serious implications for voting rights and the future of our democracy itself. If the Court accepts the radical “independent state legislature” theory, it will effectively allow state legislatures to set their own rules for presidential and congressional elections and strip state courts of the power to strike down anti-democratic laws.

303 Creative LLC v. Elenis is about a website designer looking to create wedding announcement websites, but only for straight couples. In a previous case, Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2018, the Supreme Court ruled that a baker who refused to design a cake for a same-sex couple did not have the First Amendment right of free speech to discriminate against homosexual couples. However, with the Court siding with religious conservatives in other recent cases, and the more viable tie between a website and free speech, 303 Creative v. Elenis may end in the designer’s favor. At issue is the same Colorado anti-discrimination law that came before the court then, when the justices ruled for baker Jack Phillips. The justices decided the Colorado Civil Rights Commission displayed bias against religious views in ruling against Phillips. But they did not resolve the larger question of when businesses may invoke religious objections to refuse service. Challenging the anti- discrimination law this time is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. The Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.

Gonzalez v. Google; Twitter v. Taamneh are two cases that raise timely issues about the internet and the regulation of it. The justices will consider a pair of cases that could test legal protections for social media companies concerning users’ posts on their platforms. The first case involves Google’s alleged responsibility for terrorist propaganda on its subsidiary, YouTube. The lawsuit was brought by the family of a student killed in a 2015 Islamic State terrorist attack in Paris. The relatives claim that the site “aided and abetted” the extremist group, in part by allowing its algorithms to recommend video content from the group. At issue is a legal provision that shields websites and online platforms from being held responsible in civil lawsuits for third-party posts. Section 230, passed in 1996, has sparked controversy with politicians in both parties calling for an overhaul to the provision. The second case accuses Twitter, Facebook and Google of violating the Anti-Terrorism Act by allowing the Islamic State to use their sites.

It will be an interesting term, and most likely, a consequential one. Oral arguments for the above cases will be worth following, since the decisions could be precedent-setting or overturning.

CONTACT YOUR ATTORNEY

If you have been involved in an accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

THE SPOOKY PART OF HALLOWEEN

vxed7b4k2f4e9lsw — Fri, 07 Oct 2022 15:38:52 GMT

Halloween and Liability: The truly scary part of the holiday

THE SPOOKY PART OF HALLOWEEN: LIABILITY

Halloween can be a fun time for all ages. With the weather still good in most parts of the U.S., many people take the opportunity to enjoy the holiday outside. As a property owner, this presents special issues regarding safety and liability.

PREMISES LIABILITY

Premise liability is the part of the law that says a homeowner has a legal responsibility to keep his property safe from hazards. If a homeowner does not warn about, or fails to correct, a hazardous condition on his property, he may be liable for any injuries that result. While it’s always important to keep your property safe, Halloween adds an extra degree of difficulty: It’s dark, children are running, and costumes with masks can make it difficult to see. Make sure all your walkways are well lit and cleared of any trip hazard. Try to think of what a young, excited child might miss seeing, and remove any potential dangers.

PETS

We all love our pets, and some of us even dress up our four-legged family members in costumes for the holiday. Our pets, however, don’t always like Halloween; Halloween can be scary for them. Costumes are confusing to them, and there is a lot of noise and movement. Even a usually well-behaved and mild-mannered animal can act poorly when their normal environment gets (from their perspective) strange and overwhelming. While Spot and Fido will undoubtedly look hysterically funny in their pet costumes, having them greet trick-or-treaters is not a good idea. Keep your pets secure and away from people coming to your home.

ADULT PARTIES AND ALCOHOL

If you are planning to have an adult Halloween party, or even if you are offering adult beverages to the escorts of little trick-or-treaters, you need to remember that you can be responsible for someone who is acting irresponsibly. In other words, make sure that anyone attending your party drinks responsibly and does not drive after drinking. If you offer parents/caretakers a beer or glass of wine during their evening out with their costumed children, make sure that the parent isn’t already intoxicated and is acting responsibly with respect to the children for whom they are caretakers.

SAFETY TIPS

One of the best ways to protect yourself from premises liability is to make sure that you have a current homeowner’s or renter’s insurance policy with adequate personal liability coverage. Clear your sidewalk and driveway of wet leaves that may cause visitors to slip. Below are some tips on preventing accidents on your property:

Clear your yard and porch of tripping hazards such as extension cords, potted plants, hoses, toys, and other debris.
Secure porch railings and patch or clearly mark divots in your yard or sidewalk that may cause visitors to stumble.
Keep the outside of your home well-lit but replace any open flames with electric light (this includes replacing the candles in your jack-o-lantern with flameless LED candles).
Firmly secure Halloween decorations so they can’t tip over or blow away.
Avoid Halloween decorations that move, as they may badly startle a visitor into falling and injuring themselves.
Keep pets inside and away from the door when greeting trick-or-treaters.

CONTACT YOUR PERSONAL INJURY ATTORNEY

If someone is involved in an accident on your property, or if you are injured while on someone else’s premises, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

HURRICANE IAN WREAKS HAVOC

vxed7b4k2f4e9lsw — Fri, 30 Sep 2022 16:13:10 GMT

Ian Causes Dangerous Driving Along the Gulf Coast

HURRICANE IAN CREATES HAZARDOUS DRIVING CONDITIONS THROUGHOUT GULF

Hurricane Ian might have made landfall in western Florida, but its effects are being felt all over the Gulf Coast and beyond, making travel of any kind challenging. Driving in conditions that involve strong wind or heavy rain demands your undivided attention, so be sure to reduce driving distractions by turning the radio down and turning off and stowing your phone to help you keep your attention fully on the road. Keep in mind that sometimes the best decision you can make is to avoid driving altogether and to stay off the road completely until the weather clears.

On average, there are over 5,891,000 vehicle crashes each year. Approximately 21% of these crashes - nearly 1,235,000 - are weather-related. Weather-related crashes are defined as those crashes that occur in adverse weather (i.e., rain, sleet, snow, fog, severe crosswinds, or blowing snow/sand/debris) or on slick pavement (i.e., wet pavement, snowy/slushy pavement, or icy pavement). On average, nearly 5,000 people are killed and over 418,000 people are injured in weather-related crashes each year. (Source: Ten-year averages from 2007 to 2016 analyzed by Booz Allen Hamilton, based on NHTSA data). Wind may not seem like it can present a significant risk, but strong wind deserves special consideration from drivers. Strong wind can occur just about anywhere, but it can be more common in wide open spaces. Areas for concern also include highway overpasses, tunnels and “road cuts” through mountainous areas that can act as funnels for wind.

Heavy rain events, which have become more common, also create hazardous road conditions. In addition to the potentially poor visibility that accompanies most heavy rain, drivers should be ready to protect themselves against hydroplaning. Hydroplaning can occur when a vehicle is traveling too fast in heavy rain conditions, causing the vehicle’s tires to travel on a thin layer of water rather than grip the surface of the road. This has the potential to make steering and braking difficult and could even lead to losing control of your vehicle.

SAFETY TIPS FOR DRIVING IN HEAVY WIND AND RAIN

The most important factor might se em the most obvious, but requires attention nonetheless: Make sure you can see. You need to be able to see clearly out all the windows. Be sure the wipers are functioning properly and adjust the speed, up to the maximum if necessary, to ensure you have a clear view ahead. You may have to adjust the climate control system to defrost mode as well, to keep the windshield and side windows clear on the inside. Turn on the rear window defogger, too, if needed. And keep looking as far ahead as you can see in the conditions, while also keeping track of the traffic around you.

The corollary to the “make sure you can see” rule is: Make sure you can be seen. Be sure you’ve turned on your headlights – daytime running lights don’t necessarily activate a vehicle’s taillights so turning on the headlamps will help ensure your vehicle is visible to others. If your vehicle has fog lights, now is the time to use them. They might help increase what you can see at night but they’ll also help you be seen and you need to be as visible to others as possible.

Slowing down and leaving more room between your vehicle and the one in front of you are also good safety tips that might seem obvious but are often unheeded. Reducing your speed so your reaction time corresponds to your visibility range is key. Leaving room in front of—and all around—your vehicle is a measure of defensive driving that can prevent accidents when stopping time is increased on wet roads or due to poor visibility.

The incredible storm surge and flooding from Hurricane Ian demonstrates the danger of driving during or immediately after a big storm event. Roadways might appear clear and mostly dry, but water can pool in dips in the road and collect rapidly, creating flooding that is capable of sweeping vehicles away. Never drive in areas where water is covering the road or where run-off historically collects. Pay attention to alerts about road closures. If necessary, stay home until conditions improve.

CONTACT YOUR ATTORNEY

If you have been involved in an accident that occurred during a severe weather event, contact an experienced personal injury attorney. Dave Thomas at The Thomas Law Firm will evaluate your legal claim for free, advising you on the type and amount of compensation you can seek.

Night Driving

vxed7b4k2f4e9lsw — Mon, 26 Sep 2022 15:24:48 GMT

The Official Start of Fall Means More Night Driving

NIGHT DRIVING IS MORE DANGEROUS

While we do only one quarter of our driving at night, 50% of traffic deaths happen at night. It doesn't matter whether the road is familiar or not, driving at night is always more dangerous. More than 42,000 people were killed in car crashes in 2020, according to Injury Facts. Shorter days, fatigue, compromised night vision, rush hour and impaired drivers are some of the risks we face when driving at night. These risks become especially pronounced moving into the weekend, with fatal crashes peaking on Saturday nights , according to National Safety Council analysis of NHTSA data.

With the official start of fall on September 22, there is less daylight and therefore more night driving. When Daylight Saving Time ends – for 2022, that's 2 a.m. Sunday, Nov. 6 – many people will find themselves spending more time driving in the dark. Depth perception, color recognition and peripheral vision can be compromised in the dark, and the glare of headlights from an oncoming vehicle can temporarily blind a driver. Night driving is dangerous because, even with high-beam headlights on, visibility is limited to about 500 feet (250 feet for normal headlights) creating less time to react to something in the road, especially when driving at higher speeds.

AGE MAKES A DIFFERENCE

Night vision is the ability to see well in low-light conditions. As we age, we have greater difficulty seeing at night. A 50-year-old driver may need twice as much light to see as well as a 30-year-old. At age 60 and older, driving can become even more difficult , according to the American Optometric Association. Some older drivers also may have compromised vision due to cataracts and degenerative eye diseases.

The AOA recommends older drivers:

Have annual vision exams
Reduce speed
Take a driving course; even experienced drivers can benefit from a refresher course, and some of the rules have probably changed
Minimize distractions, like talking with passengers or listening to the radio
Check with your doctor about side effects of prescription drugs
Limit driving to daytime hours if necessary.

DROWSY DRIVING

With a greater part of the day becoming darker, drowsy driving—or driving while fatigued—happens more often. Fatigue as a risk factor tends to be under-estimated, but it is a real risk: losing two hours of sleep has the same effect on driving as having three beers, and tired drivers are three times more likely to be in a car crash if they are fatigued.

The statistics regarding drowsy driving are truly scary. A National Sleep Foundation poll says 60% of adults have driven while they were tired, and another 37%, or 103 million people, have fallen asleep at the wheel. Of those, 13% say they fall asleep while driving at least once a month, and 4% say they have caused a crash by falling asleep while driving. The reasons are many – shift work, lack of quality sleep, long work hours, sleep disorders – and it doesn't only happen on lengthy trips.

These staggering numbers are backed up by a report by NHTSA that 100,000 police-reported crashes are a result of driver fatigue. Most crashes or near-misses happen at the times you would expect drivers to be tired: 4 to 6 a.m., midnight to 2 a.m. and 2 to 4 p.m., according to NSF.

The National Sleep Foundation offers this advice:

Get seven or more hours of sleep a night
Don't drive if you've been awake for 16 hours or more
Stop every two hours to rest
Pull over and take a nap if you're drowsy
Travel during times you are normally awake

DRIVING WHILE IMPAIRED

Impaired drivers are most frequently on the road after dark – particularly between the hours of midnight and 3 a.m. on weekends. While drunk driving has declined by about one-third since 2007, the number of drivers under the influence of drugs has increased. Between 2013 and 2014, 22% of drivers tested positive for a drug that would cause impairment, according to a roadside survey conducted by the National Highway Traffic Safety Administration. NHTSA also found that the prevalence of THC (found in marijuana) among drivers on weekend nights increased 48% since 2007 , from 8.6% of drivers to 12.6%. Many states have not yet updated their impaired driving laws to address this growing problem.

CONTACT YOUR ATTORNEY

With the beginning of fall and the shorter days that accompany the season, drivers will spend more time on the road after dark. Despite all of our best efforts, accidents will occur. When involved in an accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

RAILROAD STRIKE AVERTED

vxed7b4k2f4e9lsw — Fri, 16 Sep 2022 17:44:43 GMT

Railroads: Strikes, Impact on Economy, and Accidents

POTENTIAL RAILROAD STRIKE AVERTED

A national railroad strike loomed over the country this week. Freight railroad companies and unions representing workers were in dispute over pay and working conditions, specifically sick time and penalties for missed work. If the parties had not come to an agreement, the lockout would have marked the first such strike in about three decades. Although the impact of a railroad strike in 2022 would not be as catastrophic as it was 100 years ago when the railroads were the lifeblood of the economy—think coal, steel and the Pittsburgh strike—a strike would have major repercussions on an economy still dealing with supply chain problems created by the pandemic. According to the Association of American Railroads, which represents the freight industry, a rail shutdown would be “devastating” for the transport of consumer goods, industrial chemicals, agricultural products and motor vehicles. “If these and other rail shipments were halted,” the association estimates, “the loss in economic output would likely be at least $2 billion per day.”

At a Rose Garden ceremony to announce the agreement between unions and management, President Biden thanked everyone involved in the negotiations: "You've reached an agreement that will keep our critical rail system working and avoid disruptions of our economy," Biden said. "I'm grateful. This agreement is validation...of what I've always believed: Unions and management can work together...for the benefit of everyone.” The deal needs to be ratified by union members before it can go into effect and totally end the threat of a strike.

Railroad strikes have long played a significant role in American history. Railroads were so important to the nation’s economy 100 years ago that a strike could shut down the whole country. Nelson Lichtenstein, a labor historian at the University of California at Santa Barbara, said railroads previously set the standard for work. “In the late 19th century, all the great strikes were railroad strikes, and they had a revolutionary flavor to them. Railroad strikers burned down Pittsburgh, shut down Chicago. The eight-hour workday was won by the railroad workers’ strike,” he said.

RAILROAD ACCIDENTS

Because railroads play such an important role in our country, both in terms of retail and commuting, railroad accidents are common. Railroad crossing accidents like the one that occurred in Gwinnett County, Georgia on September 2, 2021, occur all too frequently. The driver of the truck that crossed the tracks, got stuck and then was hit by a train stated that he was following his GPS—instead of paying attention to the numerous signs and warning lights indicating that a train was approaching. Luckily, no injuries occurred, but crossing accidents can result in gruesome injuries and fatalities. According to the Federal Railroad Administration , Trains are estimated to kill 1 person every 100 minutes. Each year nearly 1,000 people are killed in train-related accidents.

More than half of all railroad accidents occur at unprotected crossings.
More than 80 percent of crossings lack adequate warning devices such as lights and gates.
Occupants of vehicles that collide with a train are 40 times more likely to die than if they had collided with another vehicle of comparable size.

CAUSES OF RAILROAD ACCIDENTS

Railroad accidents due to negligence can be blamed on different groups. Some may be the fault of the railway company itself, whereas others are because a conductor or railroad employee was negligent. Some accidents are caused by the neglect of a government agency; others are caused by an equipment manufacturer.

Sometimes, a reckless or distracted pedestrian can cause a collision by standing on or crossing the tracks at the wrong time. In other scenarios, the driver of a car, truck, motorcycle or other motor vehicle can cause an accident by leaving their vehicle parked on a train track or trying to beat the train across a crossing.

According to the United States Department of Transportation Federal Railroad Administration, 38% of train accidents are caused by error. Human error and a railroad strike could combine to cause devastating consequences, as happened a little over 100 years ago in the Malbone Street Wreck, commonly considered the worst train crash in American history. On November 1, 1918, a packed Brighton Beach-bound train was speeding through a tunnel under Brooklyn’s Malbone Street. As the train approached a curve designed to be taken at 6 miles per hour, the motorman kept the train at roughly 35 miles per hour. The train derailed, killing 102 people and injuring many more. The cause of the accident was human error, attributed largely to the fact that the 25-year-old driver was inexperienced and only working due to the regular motormen being on strike.

LOCATION OF RAILROAD ACCIDENTS

According to FRA statistics, 2,145 highway-rail grade crossing collisions occurred in 2021. There were 236 crossing fatalities and 668 crossing injuries in 2021 across the U.S. A majority of railroad accidents happen at unprotected railroad crossings—those with improper warning devices like gates or lights. They are typically caused by lack of visibility, impaired or distracted drivers, or drivers trying to outrun the train. Nearly 62,500 crossings do not have a light or gates. Figures from the National Transportation Safety Board state that approximately 60% of all railroad crossing fatalities occur at “unprotected” or passive crossings. Passive crossings are those with no more than a railroad crossing sign.

CONTACT YOUR ATTORNEY

If you are a commuter on a train or a passenger in a vehicle hit by one, many factors could affect your recovery for personal injuries. For instance, the safety of the railroad crossing, the speed of the train, the actions of railroad employees, and the actions of the vehicle driver must all be examined when determining liability for an accident. Assessment of all of these factors requires a skilled personal injury attorney. If you have been in a railroad related accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your rights.

Flood-Related Accidents

vxed7b4k2f4e9lsw — Sat, 10 Sep 2022 16:13:34 GMT

Urban Flooding Presents New Challenges

FLOOD-RELATED ACCIDENTS

Flooding is one of top causes of road related accidents. According to the National Highway Traffic Administration of the United States, 127 people die each year through flooding. Apart from that, many others suffer severe injuries and property damage due to flooding. Flooding is normally caused by severe rains and thunderstorms during the rainy season. Flash flooding during these times is particularly dangerous because it can occur without warning while you are on the roadway, making your commute suddenly dangerous.

People are often swept away after entering floodwaters on foot or in vehicles. These floods can also result in significant property damage and major social disruption. They are a serious problem in urban areas where drainage systems are often unable to cope.

URBAN FLOODING

Urban development in our towns and cities introduces hard surfaces such as roofs, roads, driveways and paths which stop rain from soaking into the ground. This means more water runs off than would naturally occur. Although gutters, pipes and drains have been built to direct the water where we want it to go, the biggest storms have more water than pipes or gutters can carry. The extra water runs across the ground as overland flow, leading to greater runoff being generated, which can make rivers out of roadways, lakes out of car parks and deep pools out of underpasses.

WAYS TO STAY SAFE WHEN CAUGHT IN FLASH FLOODS

The heavy rain that causes flash flooding can affect the way your car handles: roads become more slippery as oil and other contaminants come to the surface, it can be harder to see ahead and your brakes become less effective. If you’re caught in a torrential downpour, pull over if it’s safe and sit out the rain. If this isn’t possible, change the way you drive to suit the conditions: slow down, take it easy and turn on your headlights so you can be seen. Vehicles can quickly become unstable in moving water – just 30 cm of water moving at only 10 kph is enough to float the average family car. And water covering the road can cause your car to ‘aquaplane’ – lose traction on the road and slide out of control.

When you come across standing or pooled water, assess its depth. If it is above the lowest point on your wheel rim, it’s too high to drive through. If it is less deep, slow right down and drive through smoothly and steadily. Once you are through, gently touch your brakes lightly a couple of times to dry out the brake pads. Avoid driving on bridges over fast-moving water; floodwater can wash out a bridge with little or no warning. If water is moving quickly under a bridge, avoid driving over the bridge.

SLIP AND TRIP HAZARDS DURING FLOODS

There can be significant risks from slip and trip hazards beneath the water, as well as the risk of diseases and other contaminants which can be in the water in both urban and rural environments. People who are evacuating or who are fleeing a dangerous situation cannot always see the ground beneath them due to the rushing water. In addition, surfaces become slick with water and/or other substances that have escaped (oil or gas from pipelines that have been impacted). If you are evacuating an area that is flooding, wear flat, rubber-soled boots or shoes. If you live in a flood-prone area, keep a pair of sturdy boots or shoes in your vehicle, along with a travel bag of necessary supplies and clothes.

Another hazard of flash flooding is injury from fast-moving debris in the water. Flood water and its debris contain all sorts of bacteria, which can cause serious infections once a pathway is opened—such as a cut on the skin. Flood waters may contain sharp objects, such as glass or metal fragments, that can cause injury and lead to infection. Water can also hide trip or slip hazards, such as rocks, steps, tree roots, grass, mud or other debris. If water is fast moving, these hazards can lead to serious puncture wounds, bone breaks, or head trauma. If you can’t avoid walking in flood waters, make sure you:

wear sturdy shoes (not thongs or open sandals)
cover any existing open wounds
immediately clean any new cuts or scratches with soap and water
try to make sure you only walk where you can see the surface beneath the water and where there is a hard surface underneath, such as concrete, but not grass.

LIABILITY FOR FLOOD-RELATED DAMAGES

While some accidents and injuries can be attributed to “acts of God”—things for which no fault can be assigned—other damages might in fact be caused by negligence. Courts have often held governments liable for increasing flood or erosion hazards on adjacent lands by grading or filling land or by constructing structural hazard reduction measures such as dikes, dams, and levees. Although often intended to reduce flood losses, structural measures increase flood losses in some circumstances, particularly when design frequencies are exceeded or measures are inadequately designed, constructed, operated, or maintained. When injuries occur, private landowners and other members of the public increasingly sue governments for economic flood damages and in some instances pain, and suffering. Many succ essful suits have targeted “ministerial” government actions during the construction or administration phases of structural projects such as failure to maintain ditches and storm water facilities. Courts have held governments liable in small number of cases for nonstructural loss reduction measures such as inadequate flood warnings, inadequate dissemination of flood information, and other nonstructural flood loss reduction measures.

To recover for flood-related property damage and/or personal injury, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal claim.

Student Athletes at Risk: Part II

vxed7b4k2f4e9lsw — Sat, 27 Aug 2022 17:19:33 GMT

Traumatic Brain Injuries and CTE

FOOTBALL SEASON IS BACK

Georgians take their football very seriously. With the Bulldogs set to open their season on September 3, 2022, against Oregon, fans are getting ready for a fun-filled Labor Day Weekend. High schools are also ready to play their season openers, with teams and marching bands practicing in scorching heat to perfect plays and routines. High school and college football are as much a part of fall as school itself, and the annual festivities surrounding football season honor traditions decades in the making.

THE RISKS

We have noted the increasing risks to student athletes, highlighting the dangers of extreme heat in our blog “Student Athletes at Risk.” In addition to the more intense heat waves that have been blazing through Georgia and the whole country, traumatic brain injuries or TBIs are affecting more players at all levels of competition. A Boston University study of former football players’ brains donated to the Brain Bank found degenerative brain disease, known as chronic traumatic encephalopathy, or CTE, which is associated with concussions and other head trauma, in 91 percent of the former college players’ brains. According to numerous research studies, these types of injuries are on the rise among young players, not just the pros, and they could cause long-term health problems. In fact, one study found that high school players face three times the risk of suffering a catastrophic head injury as college players.

Autopsies of the brains found signs of CTE in 177, or 87 percent of all the football players in the study. Specifically, it was found in 29 percent of high school players, 87 percent of college players, 71 percent of semi-pro players, 88 percent of Canadian Football League players and 99 percent of National Football League players. Based on their interviews and surveys, the players also often had cognitive, behavior, mood and motor symptoms during their life, the researchers said. Pro players suffered from CTE at greater rates and died with advanced CTE. They were also more likely to have been diagnosed with dementia, compared with college players. What can be said is that CTE occurs in a high percentage of individuals who play contact sports.

CTE NOT JUST A FOOTBALL PROBLEM

"The brain doesn't care what hits it. We've see[n] CTE in victims of domestic violence, in hockey players, boxers and military veterans. So if you end up getting hit in the head a lot, you're at risk for CTE,” said the author of one of the studies. CTE occurs in sports that are not typically considered contact sports; American soccer player Scott Vermillion, who passed away in December 2020, was diagnosed with CTE. Vermillion became the first MLS player to be officially diagnosed -- a result that shows the severe dangers athletes incur from playing the world's most popular sport. “The headers are the issue that's causing CTE, it's not just a random concussion here and there, and we have to be honest about that with people. We need to stop hitting children in the head," said Dr. Chris Nowinski, co-founder and CEO of the Concussion Legacy Foundation. He added that parents and coaches of youth sports need to know that the majority of head trauma in soccer is coming from hitting headers.

DIAGNOSIS AND TREATMENT

Until recently, CTE only could be definitely diagnosed after death through a scan of brain tissue. Diagnosis in living patients was further complicated by the fact that symptoms of CTE — headaches, depression, memory loss, anger and impulse control issues, anxiety, sleeplessness and suicidal tendencies – can mimic other conditions. In 2017, researchers from a Chicago area hospital reported that they had found a way to identify the disease in living patients, according to news reports . Boston University researchers have also identified a biomarker – elevated levels of a certain protein in the brain – that likely indicates CTE.

There is no cure or treatment for CTE, but certain medicines may be used to temporarily treat the cognitive (memory and thinking) and behavioral symptoms.

CONTACT YOUR PERSONAL INJURY ATTORNEY

In addition to seeking medical advice, it is important to speak with an experienced attorney. If your child plays a sport that involves repeated head trauma, you should know your rights with respect to limiting the trauma and obtaining medical treatment. If you know a former athlete who has signs of CTE, or has passed away after exhibiting signs, you should talk with an attorney regarding any liability on the part of the decedent’s team, owners, league, etc. To ensure that people who are exposed to repeated TBIs and head trauma get medical treatment, monitoring and any compensation they are entitled to, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

BACK TO SCHOOL

vxed7b4k2f4e9lsw — Fri, 19 Aug 2022 18:33:50 GMT

School Transportation Accidents

BACK TO SCHOOL

It’s that time of year again, where parents and kids get ready to head back to school. In the hectic weeks before the first day, people rarely think about transportation-related accidents involving buses, cars, and pedestrians commuting to and from school. But transportation safety should be one of our top priorities. From 2007 to 2016 there were 320,874 fatal motor vehicle traffic crashes. Of those crashes, 1,147 (0.4%) were classified as school-transportation-related.

THE UNIQUE DESIGN OF THE SCHOOL BUS

Although the above statistics appear grim, the reality is that students are about 70 times more likely to get to school safely when taking a bus instead of traveling by car. That’s because school buses are the most regulated vehicles on the road ; they’re designed to be safer than passenger vehicles in preventing crashes and injuries and in every state, stop-arm laws protect children from other motorists.

Many people think that the lack of seat belts or any seat restraints on school buses makes them inherently less safe than riding in a motor vehicle. This assumption ignores the unique design of school buses. Large school buses are heavier and distribute crash forces differently than passenger cars and light trucks do. Because of these differences, bus passengers experience much less crash force than those in passenger cars, light trucks and vans. The NHTSA decided the best way to provide crash protection to passengers of large school buses is through a concept called “compartmentalization.” This requires that the interior of large buses protect children without them needing to buckle up. Through compartmentalization, children are protected from crashes by strong, closely-spaced seats that have energy-absorbing seat backs. Small school buses (with a gross vehicle weight rating of 10,000 pounds or less) must be equipped with lap and/or lap/shoulder belts at all designated seating positions. Since the sizes and weights of small school buses are closer to those of passenger cars and trucks, seat belts in those vehicles are necessary to provide occupant protection.

BUS STOP SAFETY

The greatest risk to a child is not riding a school bus but getting on and off of one. Accidents frequently happen when children run out in front of or behind school buses, cross the street too close to a bus, or try to enter/exit a bus before it has come to a complete stop and the vehicles around the bus have stopped.

Motor vehicles that fail to observe the stop sign and flashing lights that a school bus deploys when boarding children can cause horrible accidents, hitting both children and their parents. Learn and obey the school bus laws in your state, as well as the "flashing signal light system" that school bus drivers use to alert motorists of pending actions:

Yellow flashing lights indicate the bus is preparing to stop to load or unload children. Motorists should slow down and prepare to stop their vehicles.
Red flashing lights and extended stop arms indicate the bus has stopped and children are getting on or off. Motorists must stop their cars and wait until the red lights stop flashing, the extended stop-arm is withdrawn, and the bus begins moving before they can start driving again.

SAFETY TIPS

The first weeks of school are an exciting time of year. Until routines are established and both kids and parents get used to the new schedule, morning start time and afternoon dismissal can be chaotic. Drivers must be extra cautious during these times and be aware that children can be running to and from bus stops and school buildings:

* When backing out of a driveway or leaving a garage, watch out for children walking or

bicycling to and from school.

When driving in neighborhoods with school zones, watch out for young people who may be thinking about getting to school, but may not be thinking of getting there safely.
Slow down. Watch for children walking in the street, especially if there are no sidewalks in the neighborhood.
Watch for children playing and congregating near bus stops.
Be alert. Children arriving late for the bus may dart into the street without looking for traffic.

If you have an accident involving a school transportation vehicle, be sure to seek medical attention for yourself and any other people injured. As soon as possible, contact a personal injury attorney with expertise in school transportation accidents. Contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

MOTORCYCLE RIDES: KEEPING THEM FUN AND SAFE

vxed7b4k2f4e9lsw — Fri, 12 Aug 2022 16:20:11 GMT

HOW TO AVOID ACCIDENTS

TRENDS IN MOTORCYCLE ACCIDENTS

A total of 5,579 motorcyclists died in crashes in 2020. That is the highest number recorded and an 11 percent increase from 2019. Motorcycle deaths accounted for 14 percent of all motor vehicle crash deaths in 2020 and were more than double the number of motorcyclist deaths in 1997. Over the last 10 years, deaths have increased 20% while death rates have increased 27%. In 2020 motorcycle riders involved in fatal crashes had higher percentages of alcohol impairment than drivers of any other motor vehicle type (27% for motorcycles, 23% for passenger cars, 19% for light trucks, and 3% for trucks).

A few key motorcycle fatality trends for 2020 are set out below. The majority of motorcyclist fatalities occurred:

On urban roads (60%)
In good weather (78%)
During daylight conditions (50%)
In crashes involving two vehicles (52%)
When wearing helmets (58%)
The most common cause of motorcycle accidents is the failure of motorists to detect and recognize motorcycles in traffic. Given a motorcycle's small size, its visibility may be limited by glare or obstructed by other cars on the roadway.

In 2020 throughout Georgia, approximately 179 people were killed in motorcycle accidents and many others sustained serious injuries. From 2017 to 2019, motorcyclist fatalities increased by 22%. In 2019, there were 3,948 motorcycle crashes statewide and a total of 4,269 motorcyclists involved in crashes. For every 100,000 registered motorcycles there were 1,941.5 motorcycle crashes.

USE OF SAFETY GEAR

Helmets play a crucial role in keeping motorcycle riders safe. Because serious head injury is common among fatally injured motorcyclists, helmet use is important. Helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. Yet only 18 states and the District of Columbia mandate helmet use by all riders. The National Highway Traffic Safety Administration (NHTSA) estimates that, from 2002 to 2017, more than 25,000 lives have been saved by wearing motorcycle helmets.

According to the National Occupant Protection Use Survey (NOPUS), use of Department of Transportation (DOT)-compliant helmets by all motorcyclists (riders and passengers) was 64.9% in 2021. Although helmet use has increased by 12.5% since 2002, use has decreased 8.6% since 2018. Latest estimates show that helmet use has decreased from 69% in 2020 to 64.9% in 2021. In Georgia, ALL motorcyclists must wear a helmet when riding or operating a motorcycle. According to the Commissioner of Public Safety, motorcycle helmets must meet Department of Transportation helmet standards as detailed in Federal Motor Vehicle Safety Standard No. 218. Failing to wear a helmet constitutes a misdemeanor in Georgia, which means that you could face a fine of up to $1,000 and a jail sentence of up to 1 year.

HOW TO AVOID MOTORCYCLE ACCIDENTS

In addition to wearing a helmet, as discussed above, there are several steps you can take to make your motorcycle ride safer:

Get professional training . Motorcycle riders who are self-taught or taught by friends account for more than 90 percent of bikers involved in motorcycle accidents. Getting professional training in motorcycle riding could save your life.

Don’t drink and ride . About half of the accidents involving a single motorcycle are caused by speeding or alcohol use --usually these go hand in hand. Not only is it against the law to drink and ride a motorcycle, it is extremely dangerous.

Wear protective clothing . Protect yourself by wearing goggles or sunglasses, a jacket, full- fingered gloves, long pants, and boots. Your clothing should be made of abrasion-resistant material, such as leather, and fit close to the body. Loose clothing can impair your vision. Choose bright colors so that other motorists can see you.

Maintain your bike . Making sure your motorcycle is in excellent running condition is of the utmost importance to safety. Don’t confine your maintenance to the engine and brakes. Frequently check your tires, headlamps, turn signals and other gear.

Do not share lanes . Cars do not expect to be sharing a lane with other vehicles. Drivers tend to look for cars in other lanes, and often won’t notice a motorcycle sharing a lane with them. Motorists might make a quick lane change or drift to one side, with serious consequences to the motorcycle rider.

Know your skill level. Know your skills, and ride accordingly. Riding on the road is not the time to test your expertise or to overestimate your ability.

WHEN ACCIDENTS OCCUR

Despite our best efforts accidents will occur, and motorcyclists tend to suffer more serious injuries and more fatalities due to their higher vulnerability—the lack of a steel frame around them to protect against bodily harm. When involved in an accident, getting medical care is the first priority; always let EMS workers provide onsite evaluation of your injuries, and transportation to a hospital if necessary. If possible, take photos of the accident scene and get contact information for any witnesses. As soon as possible, contact an experienced personal injury attorney for help in moving forward on your claim. Call or email Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

The Summer of Orange Barrels

vxed7b4k2f4e9lsw — Fri, 05 Aug 2022 14:45:19 GMT

Accidents in Work Zones

ACCIDENTS IN WORK ZONES

Does it seem as if every stretch of road contains an orange barrel, construction workers, detour signs and a huge traffic mess? Fixing roads and infrastructure such as bridges and overpasses is definitely a good thing, but there might be too much of a good thing this summer. Escaping the traffic congestion caused by road construction has become a daily obsession for some commuters, with signs telling drivers that a 5 mile stretch of road is taking 20 minutes to travel. Getting to the airport on time takes on a whole new meaning.

Road construction is not merely inconvenient, however. It can be deadly. In 2020, 857 people were killed and 44,240 people were injured in work zone crashes. Work zone crashes are defined as taking place within the boundaries of a work zone or on an approach to or exit from a work zone due to activities, behaviors, or controls related to traffic moving through the boundaries of a work zone. Fatality data from the Bureau of Labor Statistics (BLS) shows an average of 56 worker-pedestrians are killed per year after being struck by vehicles in work zones.

Breaking down the 857 fatalities:

479 were in construction zones
314 were in work zones of unknown type
56 were in maintenance zones
8 were in a utility zone

The majority of deaths in work zones are drivers of motor vehicles in transport. Vehicles involved in fatal crashes include both those engaged in construction activities as well as those traveling through a construction zone. Work zone deaths by type, from highest to lowest are:

Drivers of motor vehicles – 530 deaths (62%)
Pedestrians – 156 deaths (18%)
Passengers of motor vehicles – 150 deaths (18%)
Bicyclists – 14 deaths (2%)
Other and unknown – 7 deaths (1%)

CAUSES OF WORK ZONE ACCIDENTS

Work zones play a key role in maintaining and upgrading our Nation's roadways. Unfortunately, daily changes in traffic patterns, narrowed rights-of-way, and other construction activities often create a combination of factors resulting in crashes, injuries, and fatalities. Drivers can become frustrated with traffic, leading to speeding and aggressive driving, which in turn leads to accidents. These accidents also cause excessive delays, especially given the constrained driving environment already present due to construction.

HOW TO AVOID ACCIDENTS IN WORK ZONES

In order to make it through construction zones with their safety—and sanity—in tact, drivers should adhere to the following safety tips:

* Drive the posted work zone speed limit!

Stay alert and pay close attention to signs and flaggers.
Turn on your headlights if signs instruct you to do so.
Maintain a safe distance around vehicles. Don't tailgate.
Use four-way flashers when stopped or traveling slowly.
Avoid distractions and give your full attention to the road.
Always buckle up.
Expect the unexpected.
Be patient.

PENALTIES FOR TRAFFIC VIOLATIONS IN WORK ZONES

O.C.G.A. §40-6-188 states a “highway work zone" means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway. The penalties for speeding through a work zone in Georgia are severe. While most traffic violations are considered misdemeanors, speeding through a work zone is a misdemeanor of a high and aggravated nature . This means the fine is increased to up to $2,000 as well as up to one year in jail, or both. You will also receive points on your license based on the speed you were going.

WHEN ACCIDENTS HAPPEN IN WORK ZONES

When accidents occur in work zones, liability for damages can rest with the driver whose vehicle caused the accident/injury, and might be shared with the entity performing the work, if proper signage, lane requirements, and worker safety rules were not adhered to. To determine liability and compensation for personal injury and property damages, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your claim.

Student Athletes at Risk

vxed7b4k2f4e9lsw — Fri, 29 Jul 2022 16:24:50 GMT

The Dangers of Extreme Heat

EXTREME HEAT PUTS STUDENT ATHLETES AT RISK

Record-breaking heat is affecting nearly one-third of the country. Temperatures and heat indices are in the triple digits, creating an unsafe environment for outdoor activities. Especially dangerous are outdoor high school and college athletic practices and training; under the best of weather conditions, athletic practices are hard on participants. In extreme weather conditions such as the recent heat waves, practices and training outside can be deadly. Every year, sports coaches have to navigate how to safely get their teams in shape to compete while temperatures during outdoor practices soar.

Research from the University of Georgia aims to help them do just that. Heat is one of the top three causes of death in sports, and there are a lot of states that are not prepared for the extreme heat being experienced now. The researchers at UGA wanted to see how well-suited varying heat policies in different states are to protecting against a given state’s threat level. To determine each state’s heat vulnerability, the team analyzed each state’s policies by how they lined up with established best practices for health and safety in sports and compared them to the state’s climate. Obviously, states such as Alaska or Maine would not need the same type of heat guidelines that southern states need, since the threat level from heat is not the same for these states. However, with temperatures rising everywhere and deadly heat waves occurring as far north as Canada, every state must be prepared to protect their student athletes.

“PROBLEM” CATEGORY

The study conducted by UGA found 29 states are in the “problem” category; these states regularly experience high heat and humidity (a combination which creates a high heat index), but lack heat policies that are sufficiently protective of student athletes. As would be expected, many of the states in the problem category are in the South, and include Mississippi, Alabama, Florida and Texas. But states can change their status, and Louisiana is a prime example of positive change.

When public concerns grew over the vulnerability of student athletes in extreme heat, the governor of Louisiana signed a sweeping bill into law that now requires schools to acclimatize their students to practicing in the heat, monitor environmental conditions and mandate emergency action plans for heat-induced health threats. These changes in policy brought Louisiana into the “fortified” category—showing that states can implement adaptive policies that protect their student athletes. Arizona Department of Health Services published a document called: “Managing Extreme Heat Recommendations for Schools Guidance Document: Pilot Version. Arizona Department of Health Services, Office of Environmental Health, Climate and Health Program (April 1, 2021). The Louisiana policy is supported by the Centers for Disease Control and Prevention.

GEORGIA’S POLICY

Georgia has seen its share of heat-related injuries and deaths of student athletes. In Georgia, awareness of the dangers of Exertional Heat Illness (EHI) peaked after the 2006 death of a Georgia high school football player, which received extensive media coverage, and with the knowledge that, over a 30-year period (1980–2009), Georgia led the country in heat-related deaths of interscholastic football players. In 2016, Johnnny Tolbert was 12 years old when he collapsed at Welcome All Park in South Fulton County during a recreation league football practice. His family's attorney said it was 93 degrees with 36 percent humidity when he collapsed in July 2016. In 2019, State Rep William Boddie introduced a measure that would call for all parks and recreation centers to have a portable cooling tub on hand, one large enough to fill with ice and water if a player of any size collapses or shows others signs of heat stroke. In March of this year, Tolbert’s mother testified for a second time before the subcommittee where the bill has stalled, pleading with members to vote for the bill.

The Georgia High School Association (GHSA) has established a Practice Policy for Heat and Humidity that provides guidelines for practices. This policy takes into account temperature, humidity and other environmental factors in advising schools on how, when and where they can safely have sports practices. The Georgia Independent School Association (GISA) has a policy for mitigating heat related injuries also. The GHSA heat policy was revised in 2012; see https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7384466/ .

Both policies provide a structure for when, where and how practices can be held in extreme heat conditions. Therefore, the policies allow for accountability if protection of student athletes is not taken seriously. If your child is participating in school sports during heat events and you do not believe that proper policy or guidelines are being implemented, contact Dave Thomas at The Thomas Law Firm for a free consultation. Injury from extreme heat can be serious—even deadly—but it is preventable. Make sure your student athlete is properly protected.

Accidents at Amusement Parks

vxed7b4k2f4e9lsw — Fri, 22 Jul 2022 17:30:44 GMT

Attendance is up--and so are Injuries

AMUSEMENT PARKS ATTRACT VISITORS AGAIN

Many people visit amusement parks over the summer. Georgia, and Atlanta in particular, is lucky to have several great parks nearby. Six Flags over Georgia and Six Flags Whitewater are just two of the many attractions in Georgia. Although the number of annual visitors has decreased since the pandemic began, down 16% from the 32.8 million visitors Six Flags welcomed in 2019, millions still enjoyed the parks in 2020 and 2021. Farther away, Walt Disney World, Orlando, averages 58 million visitors to its park annually; it is the most-visited vacation resort in the world.

AMUSEMENT PARK SAFETY STATISTICS

In 2016, the U.S. Consumer Product Safety Commission estimated that 30,000 injuries linked to amusement park ride accidents occurred and led to emergency room visits. However, experts warn that data on amusement park safety is limited and regulations are inconsistent. CNN reported that in 2015, the amusement park association’s annual safety survey confirmed an alarming 1508 ride-related injuries among park attendees who took part in various types of rides. That figure – 1508 ride-related injuries – actually represented a 32% increase from the previous year.

The International Association for Amusement Parks only collects data on fixed-site amusement parks such as Disneyland and Universal Studios where the rides are “permanent fixtures.” Accidents occurring at mobile amusement parks that move from location-to-location such as countless carnivals, state fairs, etc., are not included in the above data – meaning those figures are likely vastly underestimated. For more detailed information on safety statistics for amusement parks, see: North America Fixed-Site Amusement Ride Injury Survey, 2020 Update and then: 2019 Ride Incident Survey Report .

REGULATION OF AMUSEMENT PARKS

Amusement parks and mobile carnivals were once regulated by the Federal Consumer Product Safety Commission. However, in 1981, Congress revoked that authority, and placed regulatory power in the hands of state and local governments. In Georgia, the Office of Insurance and Safety Fire Commissioner regulates the state’s amusement parks by inspecting rides annually and performing additional spot-checks, according to Saferparks, a public service organization that promotes safe design, operation and use of amusement rides and devices.

In Georgia, the Georgia Amusement Ride Safety Act, 120-3-27, sets out rules and regulations applying to permanent rides at amusement parks, and 120-3-28 contains rules and regulations pertaining to carnivals and fairs. Still, whether a park, carnival or fair is compliant with these rules depends on the frequency and type of inspection done on the rides, and on whether any violations requiring remediation are followed up on. Furthermore, the guidelines contained in these rules and regulations do not mandate that rides be removed from operation when any injury occurs. Administrative regulations for carnival rides, 120-3-28-.12 , require “serious personal injury” which seems to mean a compound fracture or loss of consciousness before mandating that the ride be removed from service. The regulations for amusement rides found in 120-3-27-.06 are similarly limited to those incidents involving “serious personal injury” before requiring the ride to be removed from service.

BEST PRACTICES FOR AMUSEMENT PARKS

There are things you can do to increase your safety at parks, carnivals and fairs. Visually inspect rides before going on them: is the track of a roller coaster well-maintained and solid, or does it appear rickety and worn? Are safety devices such as harnesses, grab bars, etc, in working order? Always comply with the height, weight and age requirements of a ride; if these are ignored, then safety devices might not work properly. Take note of whether the ride operator is paying attention to patrons and the ride; a distracted operator can miss safety checks, operate a ride improperly, and/or fail to stop a ride in time if trouble occurs.

Many amusement park accidents are caused by intentional or unintentional rider behavior. Some people may panic and try to get off a moving ride, while others may get involved in horseplay on a ride. Still others try to be dare devils, standing on rides that require seated passengers, or putting hands and feet in dangerous positions. When on a ride, be sure to keep the harness or grab bar where it belongs, and stay seated with your feet on the ground. While amusement parks are meant to be enjoyed and riding rides should be a light-hearted experience, safety at parks, carnivals and fairs is a serious business.

WHEN ACCIDENTS HAPPEN

When an accident does occur at a park, whether on a ride or from a slip and fall on the premises, report the accident to park management. Document any injuries and medical treatment required. Park and carnival/fair owners have a duty of care to the visitors that they invite to their premises, just as a business owner has to the people invited into the business. This duty of care includes complying with all relevant statutes, rules and regulations. For example, if someone is injured on a ride because a safety device—such as a harness—was not properly secured by a 15 year old ride operator distracted by trying to run two rides, the park could be liable for the resulting injuries. Pursuant to O.C.G.A. § 25-15-60, amusement ride operators are required to be at least sixteen (16) years old and cannot operate more than one ride at a time. The amusement park’s violation of this rule can be used in the personal injury case in order to prove negligence on the part of the amusement park.

Alternatively, if someone trips and falls, injuring themselves, because of a slick surface that had no warning sign, the park could be liable for failure to correct the hazardous condition (if they knew or should have known of its existence) or to at least warn visitors about it.

CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured at an amusement park, carnival or fair, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your rights to compensation.

Road Rage

vxed7b4k2f4e9lsw — Mon, 18 Jul 2022 16:06:13 GMT

Road Rage Results in Tragedy

ROAD RAGE RESULTS IN TRAGEDY

Road rage can kill. In a tragic incident over the July 4th weekend in Pittsburgh, Pennsylvania, Allegheny County Police reported that 23-year-old officer Charles "Chuckie" Stipetich was followed to his parents' house in Blawnox by 40-year-old Kevin McSwiggen after a road rage incident. Police said McSwiggen confronted Stipetich. In a court document, Allegheny County police say the off-duty officer's father got between McSwiggen and his son, then McSwiggen pushed the officer's father to the ground. Police say McSwiggen then shot the off-duty officer. Stipetich had recently graduated from the Police Academy; before entering the academy , he was in the U.S. Marines.

On June 30, 2022, Jason Daxon, a 25-year-old Grammy nominated songwriter and Georgia resident, was shot multiple times at an intersection in Acworth, Georgia. A father and fiance, doctors say it will take months for Daxon to recover from his injuries. The shooter, a 61-year-old man, fired more than a dozen shots when Daxon attempted to pass him on the highway.

ROAD RAGE STATISTICS

Last year was the worst on record for road rage shootings in the United States, according to data released by Everytown for Gun Safety, which found that more than 500 people were shot and wounded or killed in more than 700 incidents. The monthly average of 44 people killed or wounded by gunfire on the roads was double the 2019 average.

AAA estimates nearly eight out of 10 drivers demonstrate aggressive driving behaviors when driving. The most common types of road rage are tailgating, yelling or honking at another vehicle, and are a factor in more than half of all fatal crashes. Road rage incidents caused 218 murders and 12,610 injuries over a seven-year period. Road rage and aggressive driving are caused by numerous factors, including traffic, running late, disregard for others and the law and as a learned behavior.

AGGRESSIVE DRIVING

Aggressive driving is not road rage. According to the NHTSA, aggressive driving is when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” Road rage is aggressive driving accompanied by violent behavior. The National Highway Transportation Safety Administration (NHTSA) defines “ road rage ” as “angry and violent behaviors at the extreme of the aggressive driving continuum.” Shockingly, about half of all road rage incidents involve a firearm. About two-thirds of all traffic fatalities can be blamed squarely on aggressive driving.

Not surprisingly, then, Georgia lawmakers have taken steps to identify and provide punishment for aggressive driving. Under Georgia law, aggressive driving is a serious traffic offense. The penalty for driving aggressively in Georgia is explained in O.C.G.A. 40-6-397 (2010) :

40-6-397. Aggressive driving; penalty

(a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.

(b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.

Following too closely, impeding traffic, or driving recklessly are examples of behaviors performed by motorists who are guilty of aggressive driving. In other words, the lawmakers in Georgia recognize that using a motor vehicle to threaten or intimidate another human being is very serious and totally unacceptable. This crime is punishable by a heavy fine ($5,000) and/or up to twelve-months in jail; it is as serious as a DUI would be.

RECOVERY FOR ROAD RAGE

In addition to seeking criminal penalties for violations of Georgia’s aggressive driving law, victims of road rage incidents can seek recovery for bodily injury and property damages. Most Georgia auto insurance policies cover injuries and damages from road rage. Drivers who are guilty of breaking Georgia’s aggressive driving law can be held liable; they may be required by law to pay for bodily injury and property damages in addition to being convicted of a misdemeanor and any sentence(s) that crime might entail. Punitive damages can also be recovered.

HOW TO AVOID ROAD RAGE

As a driver, you can take steps to avoid road rage. Don’t drive when you are already upset or agitated. Make your vehicle environment as comfortable as possible—a good temperature, not too chaotic or noisy, and don’t argue with passengers. When confronted with irritating driving, try to react calmly and give the other driver some courtesy; we’ve all experienced bad days that can cause bad driving. Reappraise the offending driving by giving the driver the benefit of the doubt: what if he/she was rushing to the hospital? Do not retaliate and engage the other driver; get away from the offending behavior as quickly as is safe. Call 911 if the other driver follows you or the situation appears to be escalating.

When either the potential perpetrator or victim of road rage, maintaining calm and not retaliating are key behaviors to avoiding the sometimes deadly consequences of road rage.

SEEK EXPERT ADVICE

If you have been the victim of a road rage incident and have suffered bodily injury and/or property damages, contact a personal injury attorney about your right to compensation. Contact Dave Thomas at The Thomas Law Firm for a free consultation.

SEVERE WEATHER ACCIDENTS

vxed7b4k2f4e9lsw — Fri, 08 Jul 2022 18:22:35 GMT

MORE SEVERE WEATHER CAUSES MORE ACCIDENTS

MORE SEVERE WEATHER, MORE OFTEN

Severe weather events have increased in frequency in the 21st century. Heat waves, arctic vortexes, floods, wildfires, tornadoes and hurricanes have all gotten more intense in the past two decades. Even the classic summer thunderstorm has become a severe weather event, complete with severe thunderstorm warnings and tornado warnings. So many records for heat, flooding and acres burned have been broken in the last five years that we hardly take notice when another record temperature or record rainfall occurs. The number of weather events reported by the National Oceanic and Atmospheric Administration has increased 8% from 2016 to 2020.

The wildfire season in the western U.S. was typically 5 months long in the second half of the 20th century; it now lasts 7 months long. During the 2010s, heatwaves in the U.S. became longer (duration); hotter (intensity), more frequent (average of 7 per season), and the season for heatwaves lengthened from 20 days in the 1960s to 70 days currently. In recent years, a larger percentage of precipitation has come in the form of intense single-day events. Nine of the top 10 years for extreme one-day precipitation events have occurred since 1996. The prevalence of extreme single-day precipitation events remained fairly steady between 1910 and the 1980s, but has risen substantially since then. Hurricanes have become more intense, dumping more water, causing bigger storm surges, and lasting longer than before.

MORE SEVERE WEATHER MEANS MORE ACCIDENTS

What does all of this mean? In addition to indicating accelerating climate change, more intense and frequent severe weather events mean more accidents. The number of direct and indirect injuries resulting from weather events has increased 9% from 2016 to 2020. Over the last five years, weather-related deaths are down 12% from 2016, while the number of weather events ha s increased 8% and injuries have increased 9%. In 2020, 60,714 weather events resulted in 585 deaths and 1,708 injuries. Winter weather, tornadoes, and floods were responsible for the most deaths during 2020. The largest number of reported injuries resulted from tornadoes (741 injuries in 2020), high winds including thunderstorm winds (429 injuries in 2020), and wildfires (210 injuries in 2020). The most deadly weather events in the United States over the past five years include Hurricane Irma, Hurricane Harvey, and California wildfires.

Severe weather can cause motor vehicle accidents in several ways. In stormy conditions, it may be difficult for drivers to see more than a few hundred feet in front of them. It can also be harder for a driver to judge their speed or the speed of nearby vehicles. In some cases, fog will develop during or after a storm, which can further reduce visibility. Rain, ice or snow can make roads slippery and harder to stop on. Vehicles that have worn or damaged tires are likely at a higher risk of sliding or skidding on the road. This is known as “hydroplaning.” If there are other cars on the road, a hydroplaning vehicle can slide into their path. Even if there aren’t any other cars on the highway, a car can still slide or skid into a median or a tree.

Flooding from extreme rainfall events—including flash flooding—can affect roads, bridges, and even subways, as happened in New York City from Hurricane Ida in 2021. Sewer systems, some a century old, are proving insufficient to absorb the flash flood effects of recent severe weather events. Creeks and small waterways overflow their boundaries, flooding roads and/or destabilizing bridges. Motor vehicle traffic can be caught in hazardous road conditions within short periods of time—and often with no where to go to avoid the danger.

LIABILITY FOR SEVERE WEATHER ACCIDENTS

While many accidents caused by these severe weather events might be attributed to “acts of God,” some accidents have more earthly origins. If a road should have been closed but was not and flooded, causing an accident, the entity responsible for monitoring the status of the road could be liable. If a motorist did not adjust their speed to fit the current hazardous road conditions, that motorist could be responsible for an accident involving another vehicle, a pedestrian, or a bicyclist.

Determining when and where liability arises requires the expertise of a skilled personal injury attorney. If you have been in an accident related to a severe weather event, contact Dave Thomas , at The Thomas Law Firm , for a free consultation regarding your legal rights.

SUMMER SOLSTICE 2022

vxed7b4k2f4e9lsw — Fri, 24 Jun 2022 20:32:30 GMT

THE LONGEST DAY OF THE YEAR

SUMMER SOLSTICE 2022

This week in North America, we enjoyed the longest period of sunlight in 2022 on Tuesday, June 21, at 5:14 a.m. EDT. This is the precise moment when the sun stands still at its northernmost point as seen from Earth. Its zenith doesn’t teeter north or south, but sits patiently at the Tropic of Cancer before switching directions and heading south again. This is where the word solstice comes from; the Latin solstitium, from sol (sun) and stitium (to stop). According to legend, Galileo was, rather ironically, forced to recant his theory that Earth revolves around the sun on the summer solstice of 1633.

The day of the year with the most daylight in the Northern Hemisphere is not the hottest, however. As NOAA explains, in the US, temperatures continue to inch up into July. The temperature increases after the solstice occurs because the rate of heat input from the sun during the day continues to be greater than the cooling at night for several weeks, until temperatures start to descend in late July and early August. So on average, there is a one-month lag between the solstice and peak summer temperatures. That's why July is often the hottest month of the year in many locations. In reality, it has felt like summer for several weeks, with much of the country under excessive heat warnings and experiencing multiple heat waves already. It is likely to be a hot summer, overall: The Climate Prediction Center's latest forecast through September is for warmer-than-average temperatures for most of the U.S.

THE SUMMER TRAVEL SEASON HAS BEGUN

The heat hasn’t stopped people from hitting the road—and perhaps heading toward the beaches to cool off. Memorial Day weekend saw record numbers of travelers, and the upcoming July 4th holiday is predicted to be just as busy. Triple A’s annual forecast for the July 4 holiday weekend says that 42 million Americans -- more than ever -- will take a road trip of 50 miles or more. It warned that some of the most congested routes will include highways around Atlanta, Boston, Chicago, Los Angeles, New York, and Seattle. Independence Day will be the second busiest since 2000, as travel volumes continue to trend upwards with no sign of slowing down. AAA predicts 1.5 million Georgians will travel 50 miles or more during the holiday weekend (June 30 – July 4). That’s 3.3% more than last year’s holiday, and a little over 4% more since 2019. While all modes of transportation are forecast to be stronger than last year, the biggest surprise is auto travel. Despite record high gas prices, AAA forecasts over 1.3 million Georgians will take a holiday road trip – the most on record, dating back to 2001.

Summer vacations are definitely more expensive this year:

Air—AAA finds that the average lowest airfare is 14% more than last year coming in at

$201/ticket.

Hotels—Mid-range hotel rates are about 23% more than last year, with the average lowest nightly rates coming in at $244/night for AAA Approved Hotels.
Gas Prices—Independence Day gas prices are forecast to be the most expensive for the holiday in history. Pump prices are 52% more expensive than a year ago. On Monday, the state average was $4.47.

Airlines have struggled to keep up with the increase in travel due to personnel shortages and some weather-related issues; thousands of flights have been cancelled, causing chaos in airports and shortages in rental cars.

ACCIDENTS CAN—AND WILL—HAPPEN

Whether it’s an auto accident during travel to or from your destination, a slip and fall accident at your lodging, or a swimming accident at the pool or beach, vacation accidents can and will happen. To minimize transportation accidents, always check your vehicle before your trip; check air pressure in the tires, fluid levels such as radiator (especially in the heat), oil and windshield wiper fluid, and make sure that older cars don’t need belts or brake pads replaced.

When staying at a hotel or airbnb, it is easy to slip and fall due to the unfamiliar surroundings and floor plan. It is even possible that maintenance is subpar, and loose floor boards, throw carpets, and slick surfaces can cause hazardous conditions. Familiarize yourself with your accommodations, remove/move tripping hazards, and be extra cautious when walking around.

Pools and beaches provide welcome relief to the heat and fun for all. However, they also provide many opportunities for accidents. Always supervise children, never let people swim too far out into the ocean where riptides and currents can get even the best of swimmers, pay attention to warning signs regarding tides and currents, as well as the depth of a pool, and do not let kids run around a pool or play on diving boards and slides. These are just some safety tips for vacationing near water; for a more comprehensive list see: https://www.healthline.com/health/beach-safety.

When an accident does occur, seek medical help first if it is needed. Keep all medical records and take pictures of the injury and the scene of the accident. Record witness statements and contact information. Obtain a police report if there is one. And contact an experienced accident attorney such as Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

SUMMER CAMP ACCIDENTS

vxed7b4k2f4e9lsw — Fri, 17 Jun 2022 20:47:54 GMT

SUMMER CAMP

Now that Covid-19 is getting under control—with vaccines available to younger children and fewer cases being reported in many areas of the country—parents are once again thinking abo ut sending their kids to summer camp. Kids are thinking about it, too! Camp can be a favorite summer activity for children of all ages, leading to lasting memories and friendships. Unfortunately, it can also be a setting for accidents, since many camp activities take kids out of their comfort zone and let them experience the outdoors in new ways. Boating, swimming, camping, hiking and all sorts of summer fun can lead to injuries, some of which are severe. Below are the most common types of accidents associated with summer camps:

TRANSPORTATION-RELATED ACCIDENTS

Children can be injured on their way to or from the summer camp. For example, if the bus they travel on is involved in an accident, your child can sustain s erious injuries. Every transportation-related accident involving children traveling to and from a camp needs to be evaluated individually for what company/person is responsible: was the driver impaired? were there bad road conditions? was there a defective part in or bad maintenance of the vehicle? was excessive speed a factor? These are just a few of the circumstances that contribute to accidents and which must be analyzed in order to determine liability.

SWIMMING ACCIDENTS

The swimming pool area is one of the most common places for serious accidents to occur. Camp-related aquatic accidents also commonly occur at lakes, ponds and quarries. Children at camp often have varying levels of swimming ability and therefore must be closely monitored. Lifeguards, camp counselors, and people trained in CPR should all be present when children are in pools, lakes or any body of water.

Accidents can occur outside of the water but nearby it due to slick surfaces, running and jumping into the water, and misuse of diving boards, tire swings, and other swimming equipment. Many of these accidents cause minor injuries such as scrapes and cuts, but some can lead to concussions/TBI and broken bones.

HEAT STROKE AND SEVERE SUNBURN

With temperatures rising and severe heat waves becoming more common, heat stroke is a real risk, even in younger populations. Severe sunburn is also more of a risk, and we now know it is often a precursor to skin cancer. Both heat stroke and sunburn are easily prevented; the former requires proper hydration with particular attention to electrolytes and the latter requires proper sunscreen and/or sun avoidance during peak hours of the day. Unfortunately, the risk of these incidents is still underestimated today, leading to a lack of proper preparation. Be sure that your child’s camp counselors are aware of not only the temperature but the heat index (which includes humidity and is the “real feel” temperature), and that they provide hydration and rest on excessively hot days. Similarly, your child should not be over-exposed to the sun—even with sunscreen on—and might need to seek shade and shelter at peak sun times.

OVERSIGHT OF SUMMER CAMPS IN GEORGIA

When considering sending your child to summer camp, below are some key questions to ask:

1. Is the camp licensed by the Department of Early Care and Learning (DECAL)? If so, the program is required to adhere to all state regulations for health, safety, supervisions, physical space and much more. You can also look up their inspection reports on DECAL’s website. It is available at http://www.decal.ga.gov/ProviderSearch/SiteSearch.aspx

2. If not, find out if they filed for an “exemption from licensing”. They must inform parents about their exemption and are supposed to display a sign around the front of the building or desk.

3. What is the camper-to-teacher ratio for the majority of the day?

4. How do they handle supervision of children, discipline issues?

5. What age groups will be combined together? (If you have a younger child, you may not want them mixed with older children.)

6. What is the schedule for the program, what will they be doing each day? Review how much is downtime versus planned activities

7. Ask the qualifications of the teacher: Age, training, years working with children: especially ask who has First Aid and CPR training.

8. Does all staff have satisfactory and up-to-date criminal background checks?

9. What is the policy for handling injuries and illness?

10. What does the physical space and outside play area look like? Can children wander away or can outsiders reach them? Are there fences, locks or other precautions?

11. Do the campers go swimming or near water? Do they take swim proficiency tests? Is there a lifeguard on duty? What are the ratios for supervision in water?

12. What insurance does the program carry? Do they have liability insurance?

Source: Georgia Child Care Association

LIABILITY FOR SUMMER CAMP ACCIDENTS

Although a summer camp and its staff cannot prevent every accident or injury, they are responsible for providing a safe environment for campers and there are safety standards to which they must adhere. If these are not complied with and an accident or injury occurs, then the camp can be liable for the costs incurred in dealing with the injury—both economic and noneconomic damages. For example, if the camp fails to ensure that a proper number of lifeguards and/or counselors oversee swimmers and a child is injured in a swimming accident, the camp could be held liable for the medical costs associated with that injury as well as the pain and suffering it caused. Or, if a child wanders off from the group and injures himself, the camp could be held responsible if there was inadequate supervision or lax boundary security.

If you are planning to send your child to summer camp, be sure to inquire into the above points under “Oversight.” Should your child become involved in a camp-related accident, contact Dave Thomas , an experienced personal injury attorney at The Thomas Law Firm for a free consultation regarding your legal rights.

Accidents--and Injuries--While on Vacation

vxed7b4k2f4e9lsw — Fri, 10 Jun 2022 18:40:52 GMT

Common Vacation-Related Accidents

While we like to think of vacations as stress-free time spent with family and friends, very often vacation travel and the time spent in new environments lead to accidents. Below are some of the most common vacation-related accidents, tips on how to avoid them, and what to do if you have one.

MOTOR VEHICLE ACCIDENTS

Unfamiliar roads can cause distractions that lead to motor vehicle accidents. Sightseeing while driving, or simply trying to find your way around a new area causes distractions from the actual driving, and can lead to accidents. If sightseeing is the goal, try public transportation, walking, or a tour. If trying to find your way around your vacation area, map out the path before getting behind the wheel, and have someone with you who is in charge of directions—a “navigator”—so you can concentrate on the road.

When planning your trip, be sure to limit the number of hours one person drives on a given day. Take frequent breaks while traveling, and pay attention to signs of fatigue. If traveling with small children, make sure that they have opportunities to get out of the vehicle and let some energy out; if driving at night while they sleep, make sure that the driver can stay awake, preferably by having someone awake with them.

SLIP, TRIP AND FALL ACCIDENTS

When on vacation, the lodging is unfamiliar and therefore more likely to cause minor slip and fall accidents. If the property is run-down or not well-maintained, there can be conditions on the premises that cause people to trip and fall (e.g. loose flooring). The accidents resulting from these conditions run the gamut from minor scrapes to broken bones to head injuries/TBI. Even when a property is well-maintained, the unfamiliar floor plan or slick surfaces (from pools/ocean/lake) cause people—especially kids—to slip. Familiarizing yourself with the vacation property is crucial, and making sure all kids and guests are familiar with it is also a good way to avoid accidents.

SPORTING ACCIDENTS

Experiences like zip lining, jet skiing, water skiing, diving, and snorkeling are hard to pass up. However, while sports can offer a lot of fun on your vacation, they can have devastating results if something goes wrong. Be sure to opt for the most reputable and safety-conscious outfitters and to follow all rules. If something does go wrong, do not assume that any waiver of liability you signed in order to participate in the activity precludes recovery of damages. If you are injured while engaging in a sporting/recreational activity, seek medical help first and then contact your personal injury attorney.

AMUSEMENT PARK ACCIDENTS

In 2017, the CPSC estimated that 43,405 people were injured by amusement attractions. The age group with the highest rate of amusement park injuries is young children between 5 and 14 years old. Amusement park accidents can occur due to ride malfunction caused by either a defective part, inadequate maintenance, or poorly trained operators. Accidents also occur due to poor security, insufficient lighting, lack of warning signs where needed, and poorly maintained premises that cause slip and fall accidents. The park may also be liable if you are injured by someone else, even if it wasn’t due to a violent act. For example, if you’re trampled and injured by people rushing to get on a ride, the park will share some blame if they didn’t have an employee handling crowd control.

BICYCLING INJURIES

According to the National Safety Council, bicycling accounted for the highest number of injuries from an outdoor/sporting activity: 425,910 injuries in 2020. ATVs, mopeds, minibikes, etc. reported 229,974 injuries in 2020. While these numbers reflect total injuries and not only those resulting from accidents while on vacation, they nonetheless indicate the high number of injuries associated with these common activities.

Bicycling while on vacation can be particularly hazardous since the roads/paths are unfamiliar, and the equipment used is often rented and therefore also unfamiliar—and possibly ill-fitting or not well-maintained. In addition, bicycling on vacation is often a family activity, involving children who require supervision either because they are riding their own bicycles or because they are in seats/wagons attached to an adult’s bicycle. Always make sure that child seats/wagons are safe, maintained, and operational before taking a family ride, and crucially, make sure that the adult operating the child transport is not distracted by it or the child.

FOOD POISONING

Food product liability is a serious threat to the food delivery business. In just about every state in the United States, food manufacturers are held strictly liable for the personal injury caused by their products. Strict liability means liability that does not depend on actual negligence or intent to harm. A food poisoning accident happens when a victim ingests contaminated food and contracts a food-related illness due to viruses or bacteria in the contaminated food. Although people tend to think that food poisoning is associated more with international travel, the truth is that it also occurs domestically. In areas where tourism is a big part of the local economy, food venders and restaurants might not be compliant with regulations intended to ensure hygienic food delivery, and inspections might not occur regularly. Even those that comply can still inadvertently obtain and serve tainted food.

RECOVERY FOR VACATION-RELATED ACCIDENTS

Vacations are intended to lower stress; however, sometimes this also means lowering our guard. If you are involved in an accident while on vacation, make sure that you document your injuries and the costs associated with those injuries. The economic damages such as medical care, rehabilitation (physical and/or occupational therapy), transportation-related costs (an ambulance, driver or ride share costs), and lost wages are recoverable. Non-economic damages for injuries such as pain and suffering, loss of consortium, anxiety/PTSD, and other harms are also recoverable.

No matter where you are vacationing, if you are involved in an accident while away, contact your personal injury attorney back home: Dave Thomas, at the Thomas Law Firm. Dave Thomas will give you a free consultation regarding your legal rights, and will get you the compensation you deserve.

Summer Swimming Season

vxed7b4k2f4e9lsw — Sat, 04 Jun 2022 13:58:22 GMT

Backyard Pools and Liability

BACKYARD POOLS: WHEN INJURY BECOMES LIABILITY

Summer swim season is upon us. Many of us just celebrated Memorial Day with backyard barbecues and swim parties. While we don’t like to think about accidents, especially in the context of summer fun and healthy play times, accidents can and do happen. Whether you own a backyard pool or visit one owned by a friend or neighbor, paying attention to the safety of all swimmers and guests is critical.

Although the rules vary somewhat from state to state, premises liability usually recognizes three different types of "entrants" on the land (trespassers, licensees and invitees) and different degrees of care are owed by the owner to each type of entrant. Although the degree of care may shift depending on the entrant, and even in those states that no longer distinguish among categories entrants, the pool owner's duty is broadly stated as the duty to make the pool reasonably safe for anticipated use.

Because a pool is considered part of the property it is located on, premises liability rules will typically apply in a pool injury lawsuit. "Premises liability" is the short-hand term for the set of laws used to determine who (if anyone) is liable when a particular condition or use of a building, land or other premises causes an injury. Usually, a guest to a private, backyard pool is characterized as a “licensee” and the duty of care owed to him/her is to warn of dangerous conditions that are not apparent, such as a sudden drop off in the pool that creates deep water, or a hidden shallow area not safe for diving.

CHILDREN AND POOLS: ALWAYS A RISK, AND ALWAYS A DUTY

Normally, an owner of property—be it land or a backyard pool—does not owe a duty of care to trespassers; the rationale is that the trespassers were not invited onto the property, they should not be on the property, and therefore no duty to keep them safe is owed.

Children are different, and the law treats them differently. Pools, trampolines, jungle gyms (and railroad tracks, the actual origin of the doctrine), are “attractive” to kids, and therefore owners should anticipate that children will attempt to gain access to them. This ability to anticipate child trespassers—to foresee risk and potential injury—has led to the imposition of a duty of care on owners with respect to children. Known as the “attractive nuisance doctrine,” owners of property that includes things that attract children, such as pools, have a duty to exercise reasonable care even to child trespassers. Enclosing a pool or a yard containing a pool with a fence and locked gate is one way to prevent unintended access.

COMMON CAUSES OF SWIMMING POOL INJURIES

Although wet surfaces surrounding a pool are unavoidable, they are a common cause of slip and fall injuries. Another common cause of injury is the misuse of diving boards and/or slides; jumping off of these or trying to do tricks/stunts can lead to traumatic brain injury, fractures, and respiratory injury. The inability to swim, especially when combined with the lack of adequate supervision, is also a common cause of pool injuries. Backyard, private pools do not have lifeguards like public pools do; people often view backyard pools as less dangerous and more “family friendly” than public pools and therefore not in need of formal supervision.

The truth is, however, that drowning can occur in any body of water—even a bathtub—and relying on pool toys to keep a child afloat is never a good idea. Every year in the United States there are an estimated:

3,960* fatal unintentional drownings, including boating-related drowning—that is an average of 11 drowning deaths per day.
8,080† nonfatal drownings—that is an average of 22 nonfatal drownings per day.

cdc.gov .

Children ages 1–4 have the highest drowning rates. Most drownings in children 1–4 happen in swimming pools. Drowning can happen anytime, including when children are not expected to be near water, such as when they gain unsupervised access to pools. Fatal drowning is the second-leading cause of unintentional injury death behind motor vehicle crashes for children ages 1–14.

WHAT TO DO IF A POOL ACCIDENT OCCURS

If an accident with injury occurs at a pool, the first and most important thing to do is to attend to the injured person; give CPR, call an ambulance, bandage scrapes and cuts, or take someone with a suspected fracture to the ER. Document all care required, and take pictures of any defect (e.g. broken ladder or loose diving board) or hazardous condition that might have caused the injury. Write down the names and contact information of people present at the time and scene of the accident. Then contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Bike to Work

vxed7b4k2f4e9lsw — Fri, 27 May 2022 20:36:32 GMT

THE NEW COMMU TER

Today is National Bike to Work Day, the third Friday in May, falling in Bike to Work Week (May 15-21). Created by the American League of Bicyclists, Bike Week in the U.S. falls in Bike Month (May). A yearly international event, Bike Week in the U.K. has been running for more than 90 years, and now it has gained popularity in Asia, America, and Europe.

In Atlanta, Bike Commuters of Atlanta are celebrating Bike Week 2022 with several events during the week; see: https://www.facebook.com/groups/bikecommutersatl/. Midtown Atlanta also has various events planned throughout the week; see: https://www.midtownatl.com/about/midtown-transportation/bike-to-work-week-2022.

A WIN-WIN

Biking is much better for the environment than driving or even using public transportation. After driving just a kilometer, a car releases 271 g of CO2 and a bus releases 101 g, but a bicycle releases just 16 g of CO2, which is calculated on the fuel of the rider (a.k.a. their food). A study showed that replacing one car trip per day with a bike trip can reduce carbon emissions by 67%.

In addition to the environmental benefits, bikes are much more cost-efficient than cars. The average cost of a car in the U.S. is approximately $30,000, and then there are parking, maintenance and gasoline costs to add to the equation. The average cost of a new bike, on the other hand, is only $385, with no parking or gasoline costs associated with its usage.

Biking is also good for people’s health. Exercising and raising your heart rate by riding a bike is a good way to help cardiovascular health. It is also a lot of fun!

BIKING ACCIDENTS

Although accidents involving bicycles are less likely to result in grave or fatal injuries, when a motor vehicle collides with a bicyclist there can be serious consequences. A total of 843 bicyclists were killed in crashes with motor vehicles in 2019. This represents a 3 percent decrease from the 868 bicyclist deaths that occurred in 2018. Although bicyclist deaths have decreased 16 percent since 1975, they have increased 36 percent since reaching their lowest point in 2010. According to an NHTSA National Survey on Bicyclist and Pedestrian Attitudes and Behaviors, the six most common causes of injury to cyclists were:

Hit by a car (30 percent)

Fell (17 percent)

Roadway not in good repair (13 percent)

Rider error (13 percent)

Crashed/ collision with fixed object (7 percent)

Statistically, 27 percent of fatal bicycle accidents in the U.S. occurred at intersections and 10 percent occurred at locations such as bicycle lanes, parking lots, sidewalks, and medians.

According to the NHTSA, bicyclist deaths occurred most often between 6 p.m. and 9 p.m; bicyclist deaths occur most often in urban areas (79%) compared to rural areas (21%) in 2020; bicyclist deaths were 7 times higher for males than females in 2020; and one in four fatal bike crashes in 2020 involved a bicyclist who had been drinking alcohol.

SAFETY TIPS

To decrease chances of an accident, the NHTSA recommends that you:

1. Ride a bike that fits you—if it’s too big, it’s harder to control the bike.

2. Ride a bike that works—it really doesn’t matter how well you ride if the brakes don’t work.

3. Wear equipment to protect you and make you more visible to others, like a bike helmet, bright clothing (during the day), reflective gear, and a white front light and red rear light and reflectors on your bike (at night, or when visibility is poor).

If you do have an accident, seek medical attention first. Even if you don’t think you are seriously injured, traumatic brain injuries and fractures can occur that require prompt intervention. Document all treatment and its costs. If you can, take pictures of the accident, of the damages to your bike, of the scene, and of your injuries. Get the names and contact information of any witnesses to the accident. Then contact an experienced personal injury attorney such as Dave Thomas with The Thomas Law Firm for a free consultation regarding your legal rights.

Hitting the Road for the Holiday

vxed7b4k2f4e9lsw — Fri, 27 May 2022 20:13:24 GMT

MEMORIAL DAY WEEKEND: WILL RECORD TR AVEL RATES CONTINUE?

Memorial Day weekend is expected to be the busiest in two years, building on an upward trend that began earlier this spring. This year’s forecast marks the second-highest single-year increase in travelers since 2010 (2021 was the highest), bringing volumes almost in line with pre-pandemic levels. The unofficial start to summer will be a busy one this year as AAA predicts 39.2 million people will travel 50 miles or more from home this Memorial Day weekend Mary 28-30, an increase of 8.3% over 2021, bringing travel volumes almost in line with those in 2017.

Despite historically high gas prices, 34.9 million people plan to travel by car, up 4.6% over last year. A greater portion of travelers are opting for air and other modes of travel than in previous years. Share of car travel fell from 92.1% last year to 88.9% this year, a slight indication that higher prices at the pump are having an impact on how people choose to travel this Memorial Day. Regardless of which mode they choose, travelers should prepare for a busy holiday weekend.

Memorial Day is always a good predictor of what’s to come for summer travel,” said Paula Twidale, senior vice president, AAA Travel. “Based on our projections, summer travel isn’t just heating up, it will be on fire. People are overdue for a vacation and they are looking to catch up on some much-needed R&R in the coming months.”

Air —AAA finds that the average lowest airfare is 6% more than last year coming in at $184/ticket with Saturday being the most expensive day to fly and Monday the least.
Hotels —Mid-range hotel rates have increased about 42%, with the average lowest nightly rates ranging between approximately $199 – $257/night for AAA Approved Hotels.
Car Rentals —Daily car rental rates have decreased 16% compared to last year, with the average lowest rate coming in at $100/day.

TRAVEL TIPS

Even the current pain at the pump won’t stop people from taking off in motor vehicles for a weekend of fun. In Atlanta, the busiest/worst time to travel by car will be on Thursday, May 26, 2022, from 3:30-5:30pm. In the I-85 S Clairmont Rd. to MLK Dr. corridor, traffic and congestion will be as much as 128% over normal levels. In Georgia as a whole, AAA predicts that nearly 1.2 million Georgians will travel this weekend, with app. 1.1 million of those traveling by automobile. The Georgia Department of Public Safety released a statement, advising that summer heat takes its toll on motor vehicles, but routine maintenance and a pre-trip inspection are the best steps you can take to avoid a mechanical breakdown while traveling. The inspection should cover the vehicle’s tire tread wear, brakes, belts, fluid levels and hoses. dps.georgia.gov .

Georgia troopers are also participating in Operation C.A.R.E. for this holiday period. C.A.R.E., or Combined Accident Reduction Effort, is a program sponsored by the International Association of Chiefs of Police to promote traffic safety through high visibility patrols. Operation C.A.R.E. began in 1977 and the Georgia State Patrol has participated in each enforcement effort.

BEST LAID PLANS

Despite preparing, planning and being careful on the road, accidents can and do happen, especially during high traffic and road congestion times. Traffic predictions from the Georgia State Patrol and the Georgia Department of Motor Vehicle Safety call for 2,250 traffic crashes, 575 injuries and 13 fatalities during the 78-hour holiday period. Last year, 11 people died on Georgia roads during the holiday period. There were also 2,311 traffic crashes and 554 injuries recorded.

In addition to preparing your vehicle and planning your route carefully, the AAA and the Georgia DPS advise traveling at non-peak times, typically early morning or evening, and avoiding Saturday and Monday late afternoon travel if possible. Another key safety factor is avoiding alcohol consumption near travel times, and avoiding distractions while on the road. If you do get into an accident, remember to: get medical attention right away; take pictures of the scene and vehicles involved; get names and contact information of any witnesses; and contact Dave Thomas, of The Thomas Law Firm, for a free consultation regarding your legal rights.

Can going Green still keep you safe?

Thu, 05 May 2022 16:39:00 GMT

ELECTRIC CARS PERFORM BETTER THAN EXPECTED

Evidence is growing that electric vehicles are at least as safe as conventional ones, with two more vehicles that run exclusively on battery power earning safety awards from the Insurance Institute for Highway Safety. In addition, an updated analysis of insurance data shows injury claims are substantially less frequent for such vehicles. The study looks at electric and conventional versions of nine models from 2011 to 2019, yielding more than twice as large a sample as a previous study conducted in 2017. It examines collision, property damage liability and injury claims.

The updated data show that electric cars appear to perform better in real world settings, with human drivers and passengers aboard. Injury claims for electric vehicles were about 40% lower than accidents involving identical gas-powered models, according to data from the Highway Loss Data Institute (HLDI). NHTSA concluded that the likelihood of passenger injuries in crashes involving electric vehicles is actually slightly lower, meaning that they are safer to passengers, than those involving vehicles with gasoline and diesel engines.

TESLA’S SUCCESS

G.M. and Ford closed one factory after another — sometimes for months on end — because of a shortage of computer chips , leaving dealer lots bare and sending car prices soaring. Yet Tesla racked up record sales quarter after quarter and ended the year having sold nearly twice as many vehicles as it did in 2020 unhindered by an industrywide crisis. Tesla sold 936,000 cars globally in 2021, an 87% increase for the year. Ford, G.M. and Stellantis, the company formed from the merger of Fiat Chrysler and Peugeot, all sold fewer cars in 2021 than they did in 2020.

Cars are becoming increasingly digital, defined by their software as much as their engines and transmissions. Tesla emerged successful despite product shortages and supply chain problems because it never outsourced its software; it writes its own code. As a result, Tesla was able to rewrite the software so it could replace chips in short supply with chips that were available. The other carmakers were not able to do that.

Tesla is also taking advantage of—or perhaps acting as the driving force in—an industry in the midst of a radical transformation. With climate change and the need to reduce greenhouse gas emissions becoming more obvious, governments all over the world are encouraging the production and purchase of electric vehicles. Tax credits, stricter emissions standards, and regional support for production facilities (through financial incentives and upgrades to infrastructure) are all ways in which the transition to electric vehicles is being promoted.

SAFE AND GREEN: A WIN/WIN

The question of whether a battery-powered vehicle is as safe as a traditional vehicle has always loomed large. One obvious reason is the battery; the lithium-ion battery is combustible and can catch fire; it has power cells that can cause short-circuiting if it is damaged. However, lithium-ion batteries have a much lower risk of fire explosions than gasoline in conventional vehicles. Their battery packs are encased in sealed shells and meet testing standards that subject batteries to conditions such as overcharge, vibration, extreme temperatures, short circuit, humidity, fire, collision, and water immersion. Manufacturers design these vehicles with insulated high-voltage lines and safety features that deactivate the electrical system when they detect a collision or short circuit.

According to the NHTSA, the Tesla Model S, which protects its battery array with an additional shielding of an external aluminum plate and has a layer of fire protection between the batteries and the passenger compartment, received the highest possible safety ratings in crash tests.

In addition, electric vehicle batteries weigh a lot, making the cars themselves heavier than traditional cars. The extra weight may also provide a safety boost , according to the IIHS, as research shows that occupants in heavier vehicles experience less force in a crash, leading to fewer injuries. EVs tend to have a lower center of gravity than conventional vehicles, making them more stable and less likely to roll over.

ACCIDENTS (STILL) HAPPEN

Despite the safety features of electric vehicles, and despite the best intentions of all of us when we get behind the wheel of cars—electric or traditional—accidents do happen. When they happen, we should focus on a few key actions: getting medical help if needed; getting the insurance and contact information from the other driver(s) involved; getting contact information of any witnesses, and taking pictures of the accident scene and vehicles involved; and consulting with an accident or personal injury attorney. An experienced accident attorney will look at all the evidence and information gathered to determine which parties potentially have liability for injuries and damages, and then set out to obtain recovery from those parties.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an automobile accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

Trouble at Outdoor Concerts

Fri, 29 Apr 2022 14:27:00 GMT

OUTDOOR CONCERTS CAN BE ANYTHING BUT FUN

Spring is here, and so is the outdoor concert season. Last weekend, California hosted Coachella, the internationally famous music festival that draws performers and patrons from all over the world. According to Billboard.com , 32 million people attend at least one U.S. music festival each year. While big events like Coachella, Bonnaroo, Lollapalooza, and SXSW draw the biggest crowds and the biggest acts, there are many smaller, local events across the country. Worldwide, nearly 70,000 people suffered significant injury and 232 people died at approximately 300 outdoor music concerts held over a 10-year period, one study found .

Travis Scott’s outdoor concert in Houston in November 2021 is a perfect example of what can go devastatingly wrong at these events. At least eight people were killed and 300 were injured during Scott’s set as the crowd of about 50,000 surged toward the stage. Concertgoers were crowded and trampled in the chaos, and witnesses described gasping for air or giving CPR to victims who’d fallen unconscious. Scott has a history of violence and injuries at his concerts: in 2017 after a show in Rogers, Arkansas, he was charged with inciting a riot, disorderly conduct and endangering the welfare of a minor. Police said Scott “encouraged people to rush the stage and bypass the security protocols,” which resulted in injuries.

Violent mosh pits and chaotic crowds were first features of the ’80s punk scene, when fans, usually male, would thrash and collide to heavy metal and hardcore grunge. That same atmosphere has since been cultivated by rap stars like Scott and his contemporaries, including Tyler, the Creator and Playboi Carti. Other factors such as: alcohol and drug use; slick surfaces from rain, mud or spills; poor design of concert venues that can lead to stampedes, blocked exits, crowding; bad traffic flow patterns at ingress/egress points which can lead to vehicle accidents; and an overall lack of crowd control can all cause severe injury and death.

NOTICE AND LIABILITY

There are often warning signs that outdoor concerts will get out of hand. In the Travis Scott example, Scott’s concerts were known to have crowd control issues, and Scott himself had been charged with inciting a riot in a previous incident. The performance venue for Scott's concert had a show canceled the week before Scott’s event due to fear of a mass casualty event occurring. When venues have notice that either the scheduled performers or the planned level of security is problematic, the organizers, performers and venue can be held liable for injuries. These parties are responsible for the welfare of all attendees and the neglect of their duty of care is both unethical and illegal. When an event promoter decides to host a festival, they must do whatever is necessary to protect the safety of concertgoers. From making sure that there are no obstructions that people can trip over to ensuring food safety to making sure that there are sufficient security officials to respond to emergencies and handle unruly patrons, there are many different things that festival organizers must do to ensure the safety of their patrons.

The legal duty of concert promoters and organizers to protect attendees can extend to liability for the actions of third parties. For example, if an unruly concertgoer assaults another concertgoer and causes injury, the promoter and organizer can be responsible if they failed to hire enough security personnel to timely intervene; if they served alcohol in a negligent manner; or, as in the case of Travis Scott, if they hired performers that encouraged violence.

In another example, when a concertgoer trips over trash or other obstacles, even though the promoter or organizer might not have dropped the trash or placed the obstacle that caused injury, they can still be liable if they did not employ enough personnel to keep the area clean and free of hazards. In some cases, even the lack of trash receptacles for proper disposal of garbage can show negligence.

Even if a concertgoer’s injury is partly due to their own negligence, they can still recover damages so long as their contribution to the injury is less than that of the other responsible party. Georgia has a comparative fault scheme, which means that if the plaintiff in a negligence action is less than 50% responsible for their injury, they can recover damages; the amount of recovery is offset by the amount of fault.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured at a concert or festival, contact Dave Thomas at The Thomas Law Firm for a free consultation about your legal rights.

Uber Safety: What to do when it fails

Fri, 22 Apr 2022 16:45:00 GMT

SAFETY IN RIDE SHARING

Although Uber has gone to great lengths to project an image of being a secure driving alternative, saying that safety is “at the heart of everything we do,” the company has consistently placed a high priority on protecting its own image. The debate about whether Uber is an employer with all the responsibilities that such designation entails, or simply an intermediary, a platform pairing riders with drivers, means that Uber takes virtually no direct responsibility for what happens on a trip, including accidents, assaults and injuries.

Uber has consistently said that safety is its highest priority. However, Uber’s record on safety initiatives is mixed. On the one hand, Uber has strengthened its teams devoted to safety matters, consulted with advocacy organizations and started to allow riders to record audio of their trips within the app to use as evidence in case of wrongdoing. This year, for the first time, Uber and Lyft started sharing data with each other about dangerous drivers. On the other hand, Uber has resisted other measures like fingerprinting , installing cameras in drivers’ vehicles and more extensive background checks that could improve safety but would slow the process of adding new drivers, which is essential to keeping enough available rides on the road.

In 2019, Uber came under fire for its safety transparency report, which revealed that the company had received nearly 6,000 reports of sexual assault in 2017 and 2018 on its platform. Uber has stressed the fact that the report also showed safety incidents overall are extremely rare, with 99.9% of trips ending without any safety reports at all. However, riders are not the only people at risk. Uber’s study found that riders were the ones accused of attacking drivers in 45 percent of reports of serious sexual assaults. And while Uber has taken steps to protect drivers — even starting to ban riders with low ratings on the platform — people behind the wheel can still feel at risk.

Drivers themselves and various governments are trying to get the company to reclassify drivers as employees. If they are reclassified, Uber will be liable for negligent accidents caused by drivers, as well as for other driver wrongdoing. In the meantime, attorneys seek to hold Uber accountable by suing the company for damages, including pain and suffering, medical costs, and lost wages, due to the actions of its drivers.

NEW SAFETY FEATURES

Uber is adding several new safety features to its app, including an audio reminder to riders to wear their seat belts, allowing riders or drivers to record audio during rides, and detection of unexpected route changes or stops before the final destination. The updates are designed to help both riders and drivers feel safer during trips. The audio recording feature , which has been live in Latin America for around two years, will begin rolling out in the U.S. as a pilot in Kansas City, Louisville and Raleigh-Durham.

Uber is enhancing RideCheck nationwide, a feature the company added in 2019 to detect possible crashes or unusually long stops during a trip using GPS data and sensors in the driver’s smartphone. Now, RideCheck has expanded to detect when a trip ends unexpectedly before reaching the final destination or when a driver goes off course. When the system detects possible issues, both the rider and driver will receive a RideCheck notification prompting them to let Uber know through the app that all is well or take other actions like pressing the emergency button or reporting the issue.

ACCIDENTS WHILE USING UBER

Generally, if you are in an Uber accident, the company's $1 million dollar insurance policy should cover all damages . If your Uber driver was at fault or not, their insurance policy will reimburse you for damages if the accident happened in the middle of your ride. Uber’s liability policy covers up to $1,000,000 per accident for personal injury, for property damage, and uninsured or underinsured drivers. However, the protection granted by this policy depends on whether the Uber driver was logged into his or her application during your trip. If the driver was not logged into his or her account, you won’t receive coverage from Uber. Depending on the situation, you could potentially file a claim against the driver and his or her insurance company.

Georgia is a “modified comparative negligence” state. Under this system, a plaintiff can recover if he or she proves the defendant was more at fault for the accident than they were. However, the amount of damages is reduced by their own contributory negligence. For instance, if you were awarded $100,000 in damages, but were found to be 10% at fault for the crash, you would receive $90,000. A skilled personal injury attorney can help you determine the best course of action after an Uber accident.

CONTACT YOUR ATTORNEY

If you or someone you know has been in an accident while riding in an Uber vehicle, contact Dave Thomas at The Thomas Law Firm for a free, confidential consultation regarding your legal rights.

Danger in the Shopping Mall

Tue, 12 Apr 2022 16:58:00 GMT

DANGER IN THE SHOPPING MALL

Going into the pandemic, some traffic specialists were optimistic that pedestrian deaths would decline. After all, millions of motorists were slashing their driving time and hewing to social distancing measures. But the opposite happened. Empty roads allowed some to drive much faster than before. Some police chiefs eased enforcement, wary of face-to-face contact. For reasons that psychologists and transit safety experts are just beginning to explain, drivers also seemed to get angrier.

Experts theorize that “social disengagement,” which deprives people of social contact, a major source of pleasure, support and comfort, may be contributing to the increased anger. Add to that an overloading of our capacity to gauge risks, and people are not paying as much attention to driving safely. As one expert noted: “[t]here’s the feeling that the rules are suspended and all bets are off.”

HOW BAD IS THE PROBLEM?

Crashes killing pedestrians climbed 46% over the last decade, compared with a 5% increase for all other crashes, according to the Governors Highway Safety Association. The pedestrian fatality rate spiked about 21 percent in 2020 as deaths climbed sharply even though people drove much less that year, the largest ever year-over-year increase. And preliminary data from 2021 indicates yet another increase in the number of pedestrian deaths.

Some of the reason for this increase in fatalities is the increase in size of motor vehicles: approximately 3 out of 4 new vehicles on the road are SUVs or 4x4 trucks. A Detroit Free Press/USA TODAY NETWORK investigation in 2018 found that the SUV revolution is a key, leading cause of escalating pedestrian deaths nationwide. When pedestrians are struck with these large motor vehicles, their injuries tend to be more severe. The Insurance Institute for Highway Safety calculated an 81% increase in single-vehicle pedestrian fatalities involving SUVs from 2009-2016.

SUV front ends are higher, so the area of impact on a pedestrian is the top of the body—where injury is more likely to cause death. Another factor in the increase is the anonymity these huge vehicles provide; much like the vitriol seen on the Internet, drivers feel freer to express their rage or act recklessly (e.g. go through yellow/red lights, speed, tailgate the car in front of them) when they are not face-to-face with a person.

Adding safety features to SUVs and trucks is not the only way to address this alarming trend (the effort has been opposed by some automakers). Cities can take steps to minimize the risk of bigger vehicles to pedestrians. The need for steps such as lower speed limits, more mid-block crosswalks, better sidewalks and pedestrian/bicycle lanes and better lighting grows in urgency as automakers move strongly toward truck and SUV production.

LIABILITY

Of course the driver of the vehicle that struck the pedestrian is potentially liable for injuries to the pedestrian. A driver can be liable for an accident with a pedestrian in a parking lot if he/she: ignores the traffic patterns in the parking lot, causing an accident to a pedestrian who struggled to predict his behavior; could not see someone behind him while backing up, resulting in an accident; grew distracted in the parking lot, including looking down at a cell phone or changing the radio or air controls while driving, and caused an accident with a pedestrian; or drove under the influence, resulting in an accident.

But what about the store(s) in the shopping mall where the accident occurred? If the pedestrian is hit while utilizing a crosswalk provided by a store, then the store could be liable if the crosswalk was negligently designed or maintained. Typically, parking lot injuries caused by dangerous conditions fall under the category of premises liability lawsuits. When a property owner fails to properly maintain the parking lot or fails to keep the lot safe, he or she may be liable for any injuries that occur due to the unsafe condition. As the Michigan Supreme Court explained in a recent case: “[T]he crosswalk created a feigned zone of safety and [the Department Store] had a duty to take extra measures to install signage or traffic signals to warn oncoming vehicles of the pedestrian crossing.” In other words, if a property owner undertakes to provide a safe area—like a crosswalk—then the property owner must be sure the design and maintenance of that area are safe. A court looking at the design and maintenance of crosswalks—and parking lots as a whole—for purposes of determining liability means that stores may not be able to avoid liability for pedestrian accidents that occur on these premises.

WHAT TO DO

If you are struck by a motor vehicle in a parking lot or crosswalk of a shopping mall, make sure to seek medical care immediately, and document the care required. As in any accident, it is a good idea to have police and EMTs respond to the scene and to obtain a copy of the police report. Take pictures of the accident area with your phone, and record the contact information for anyone who witnessed the accident. If you cannot do this due to injuries and/or trauma, ask someone to do it for you. Pictures and statements are good sources of evidence for any future claim for compensation.

As always, CONTACT YOUR PERSONAL INJURY ATTORNEY as soon as possible. Dave Thomas, at The Thomas Law Firm , is an experienced accident attorney and can provide a free legal consultation regarding your claim.

An Oscars Like No Other

Mon, 04 Apr 2022 15:24:00 GMT

AN OSCARS LIKE NO OTHER

It was the slap heard around the world. Will Smith, actor and Oscar Nominee, walked on stage at the Academy Awards on March 27, 2022, and slapped Chris Rock, comedian and presenter at the Oscars, across the face. After going back to his seat, Smith then yelled at Rock to “keep his wife’s name out of his f—-ing mouth,” repeating the profanity before ending his physical and verbal tirade. The episode occurred after Rock made a joke about Smith’s wife, Jada Pinkett Smith, starring in a GI Joe 2 movie, an apparent reference to her shaved head (Demi Moore, the protagonist in GI Joe, sported a shaved head.) Pinkett Smith has spoken publicly about her struggle with alopecia, an autoimmune disease that causes hair loss, sometimes severe. Pinkett Smith did not seem pleased with the joke, and Smith’s actions toward Rock were, according to Smith, done out of love for his family. Approached by the police about the incident, Rock declined to press charges.

The audience, both the present and virtual one, was shocked. Perhaps even more shocking was the fact that Will Smith won the Oscar for Best Actor forty minutes later, and was given a standing ovation. In his acceptance speech, Smith apologized to the Academy and other actors, nominees and winners, but did not apologize to Rock for slapping him. Two days later, however, Smith made a statement about the incident on Twitter in which he did apologize to Rock.

The Academy held an emergency meeting to discuss the incident on March 30, 2022, and has since stated that it will announce its decision about the consequences for Smith’s actions by April 17, 2022. Smith resigned from the Academy by the end of the week.

CIVIL ASSAULT AND BATTERY

While Chris Rock chose not to press charges, and the Academy will announce “consequences” for the incident, there is still another way to hold Smith accountable for his actions. Filing a lawsuit for damages from civil assault and battery is one way to reinforce that actions like those taken by Smith have consequences.

In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an "intentional tort t " when it is made the subject of a civil case. Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a "battery" in civil law, although both claims are often made together. In a personal injury civil case, the two essential elements of a battery claim are:

In most battery cases, the plaintiff's main task is to prove contact -- whether it was harmful or offensive and whether the defendant intended to cause contact will be inferred by the jury.

In Smith’s case, the audience and the video of the show can both corroborate that a battery occurred when Smith walked up on stage and slapped Rock. Furthermore, Smith’s shouted profanity at Rock might constitute a verbal assault. A verbal assault occurs when someone threatens another person with harm and has the apparent ability to carry out the threat. Smith shouting at Rock “to keep his wife’s name out of his f—ing mouth” could constitute a verbal assault (the threat of harm is implied, and Smith had just slapped Rock so he had the ability to carry out the threat). At the very least, it could be deemed verbal harassment.

DAMAGES

A person who is the victim of assault and battery can sue for compensatory and punitive damages. Compensatory damages are: compensation for medical costs incurred; lost income; and any property damage (ruined clothing, e.g.). Punitive damages can be imposed if the defendant has acted in a willful and egregious manner.

While most of us will not be at the Oscars—presenting or winning—many of us have unfortunately been victims of assault and battery. In order to determine whether the words and actions spoken/taken against you rise to the level of assault and battery, it is best to get the advice of a personal injury lawyer. A personal injury lawyer can evaluate the words and/or actions, consider the evidence, and determine whether a claim is actionable and what type of damages can be sought.

CONTACT YOUR ATTORNEY

If you have been the victim of an assault and/or battery, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your claim.

Springtime Cycling: What You Need to Know

Fri, 25 Mar 2022 15:27:00 GMT

SOME STARTLING STATISTICS

The arrival of spring means more people are riding bicycles. The current surge in gas prices gives an added incentive to cycle rather than drive. However, the increase in cyclists on the roadways unfortunately means an increase in accidents between cyclists and motor vehicles. According to the National Safety Council, the number of preventable deaths from bicycle transportation incidents increased 6% in 2019 and has increased 37% in the last 10 years, from 793 in 2010 to 1,089 in 2019. At the same time, the number of preventable nonfatal injuries has declined 40%, from 515,861 in 2010 to 308,864 in 2019. However, the number of preventable nonfatal injuries did increase 7% in 2019 from 2018. Even a low-speed collision between a car and bicycle can result in catastrophic or deadly injuries to the rider, while car drivers often leave the scene of the crash unscathed. Unlike car drivers, bicyclists have very little protection in the event of a collision, which is why they are considered some of the most vulnerable road users.

In Georgia, forty- four percent (347 out of 793) of all statewide bicycle crashes and 38 percent (33 out of 88) of all bicyclist serious injuries and fatalities occurred within five counties—the top 5 urban counties. Most accidents occurred away from intersections (78%), and in the evening hours (86%). The 55-64 year old age group had the highest number of bicyclist fatalities, with the 15-20 year old group a close second. For more statistics on Georgia bicyclist accidents, see: Georgia Traffic Safety Facts, shepherd.org .

COMMON CAUSES OF ACCIDENTS

Some of the most common causes of bicycle accidents are:

In general, a bicycle has as much right to the roadway as a motor vehicle. Unless a specific law (some of these are discussed below) directs otherwise, a cyclist may ride in the middle of a traffic lane and must be afforded the same rights-of-way as motor vehicles. One of the most common causes of bicycle accidents is collision with a car turning right. While making a right turn, a car passes through the path of a cyclist, whether the cyclist is traveling in a traffic lane or in a bike lane. Some of these accidents happen when a car passes a cyclist, then slows down while turning right, moving directly into the path of a bicyclist who has nowhere to turn. Alternatively, a motorist simply turns right directly into a cyclist without seeing (and often without looking for) the bike.

“SIDE OF THE ROAD” LAWS AND BIKE LANES

If a cyclist is not riding as fast as current motor vehicle traffic, the cyclist must ride as far to the right side of the road as possible. (On one-way streets, the cyclist may instead ride to the far left.) If a special bike lane is provided, usually on the far right of the roadway, a cyclist is required to use it. A bicyclist may leave the side of the road or the bike lane:

Given that side-of-the-road rules force cyclists to share lanes with passing traffic, a companion rule requires motor vehicles to maintain a safe space while passing. Three feet is sometimes stated as a safe distance, though it is extremely difficult to be that precise when reconstructing an accident. The problem of sufficient passing space is particularly acute with trucks, buses, and large SUVs.

Because a bicyclist has as much right to the road as does a motorist, a motor vehicle coming up behind a cyclist has a responsibility not to pass unless and until it is safe to do so. The motorist may need to slow down and wait until there is enough space, or change lanes. Except for moving to the far right of the lane, it is not the cyclist's duty to stop or otherwise get out of the motorist's way.

SAFETY TIPS FROM THE NHTSA

Be focused and alert to the road and all traffic around you; anticipate what others may do, before they do it. This is defensive cycling—the quicker you notice a potential conflict, the quicker you can act to avoid a potential crash:

Because many serious injuries from accidents between bicyclists and motor vehicles involve the head, such as traumatic brain injury and facial and head cuts/abrasions, wearing a helmet is a key safety precaution. In Georgia, all bicyclists under 16 years old are required to wear an ANSI compliant helmet. People over 16 are not required but are strongly advised to wear helmets. See, Title 40, Chapter 6 of the Georgia Code for Georgia laws regarding bicyclists.

RECOVERY FOR ACCIDENTS

Recovery of damages for injuries sustained in a bicycle accident depends on who is at fault and the type of injuries. Being partially at fault will not necessarily preclude recovery, although it might lessen the amount of compensation received since Georgia has a comparative negligence system. If you have been involved in an accident with a motor vehicle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your claim.

Teen Night Driving: Less is Better

Fri, 18 Mar 2022 17:00:00 GMT

PERMANENT DAYLIGHT SAVING TIME?

The Senate voted this week to end the biannual practice of “spring forward” and “fall back” under a bill that would make daylight saving time permanent — a move that reflects the increasingly popular view that the twice-yearly disruption hurts sleep and poses health and safety risks. Sen. Whitehouse (D-RI) and Sen. Rubio (R-Fla) co-sponsored the “Sunshine Protection Act, which passed by unanimous consent. Experts argue that switching clocks back and forthevery spring and fall has led to increased heart attacks and strokes, in addition to hurting retailers by curbing daylight shopping hours. Other senators argued that the measure is broadly popular and would increase safety. Nearly two-thirds of Americans want to stop the twice-per-year clock change, and more than 40 states, including Georgia, are considering their own changes to end the shifting, pending federal legislation. A House panel considered whether to pass a similar bill for permanent daylight saving time, although a neurologist testified that it would be healthier to adopt permanent standard time instead, citing research into circadian rhythms and release of hormones such as cortisol.

Daylight saving time was first adopted in the United States a century ago (see our blogs: https://www.dmthomaslaw.com/Personal-Injury-Blog/2017/March/Daylight-Saving-Times-Deadly-Impact.aspx ; and https://www.dmthomaslaw.com/Personal-Injury-Blog/2021/November/Time-Maneuvers-Dark-Days-Ahead.aspx ) but has been revised repeatedly by lawmakers trying to strike the right balance. The United States in 1974 did move to permanent daylight saving time — a plan backed by President Richard M. Nixon, who argued that it would help conserve energy amid the energycrisis — but the measure was quickly rolled back amid complaints about children going to school in the dark,increased risk of early-morning traffic accidents and fading support. Almost 50 years later, however, there is broad public approval, supported by data, that staying on one time all year round is safer, healthier, and better for businesses.

IMPACT ON NIGHT-DRIVING ACCIDENTS INVOLVING TEENAGERS

Decreasing night driving, especially for teens, is a worthwhile safety goal. While we do only one quarter of our driving at night, 50% of traffic deaths occur during night hours. It doesn't matter whether the road is familiar or not; driving at night is always more dangerous.

Despite 60 percent less traffic on the roads, more than 40 percent of all fatal car accidents occur at night. A Centers for Disease Control and Prevention study compared the times that teenagers drive with the times that they experience accidents. The researchers found that a disproportionate number of these accidents occur during nighttime driving hours. Troublingly, about a third of fatal crashes involving teens happen after dark, even though the majority of the driving that teenagers do takes place during the day.

Several factors may make night driving especially dangerous for younger and inexperienced drivers. The National Safety Council points to the following safety hazards:

PROTECTING TEEN DRIVERS

The behavior of other motorists can also make nighttime driving more dangerous. The NSC notes that drivers are more likely to be fatigued after dark. Additionally, a greater number of intoxicated drivers are typically out at night than during the day. These findings suggest that laws limiting teens from driving at night may significantly help reduce crashes among drivers in this age group. Already, the majority of states enforce some type of night driving restriction. Here in Georgia, it is illegal for teenagers to drive between midnight and 5 a.m. Still, broader restrictions may be necessary.

In Georgia, TARPA or the Teen and Adult Driver Responsibility Act, is a graduated licensing program for teens 15-18 years old. It allows teens in that age group to apply for and obtain driver’s permits and licenses in certain categories, and each category has different restrictions associated with it. See, dds.georgia.gov “Teen Driving Laws.” Also in Georgia, Joshua's Law states that a new driver age 16-18 may only drive with family members (no peer passengers) for the first six months following the issuance of a driver's license. During the second 6-month period, a new driver can have only one peer passenger in the vehicle.

Tellingly, the recent CDC study found that over half of the fatal car crashes that teens were involved in at night occurred before midnight, during driving hours that are legal in Georgia and many other states. This indicates that an earlier driving curfew may be appropriate. According to National Public Radio, based on other research, one non-profit highway safety group has recommended that teens not be permitted to drive unsupervised after 8 p.m.

Will an extra hour of daylight help to alleviate or at least lower the number of traffic accidents that occur due to lower visibility, driver fatigue and night blindness? Research suggests that extending daylight will help, and that at the very least not changing the time twice a year will eliminate the accidents and adverse health events that occur around daylight saving time changes.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in a night-driving accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Slip, Trip and Fall into Spring

Fri, 11 Mar 2022 21:21:00 GMT

SLIP, TRIP AND FALL

With Spring right around the corner, people are getting back into their fitness routines, enjoying the outdoors more, and with surfaces often slick and wet from spring precipitation, slipping and falling more. "Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims. By far the most common cause of slip and fall accidents globally is due to wet and uneven surfaces. In this country, they account for 55% of all of these types of accidents.

Places where falls are likely include:

Slippery floors due to wetness from spills or tracked in rain, mud, snow, sleet, etc., or naturally slick surfaces like stone or glass

SLIP AND FALL INJURIES

Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls. According to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than 2 million fall injuries each year. Fractures are the most serious consequences of falls and occur in 5% of all people who fall.

Slip and fall accidents cause many types of injuries including:

LIABILITY IN SLIP AND FALL CASES

Proving liability in slip, trip and fall cases involves first and foremost determining the legal status of the claimant when they entered the property on which they were injured. There are three legal statuses—invitee, licensee, and trespasser—and a different duty of care is owed by the property owner or manager based on the status of the person. Generally, a property owner has a duty to exercise ordinary care of his premises towards invitees—people on the property for the benefit of the owner, such as customers at a business. The duty of care owed to licensees is somewhat less, but a property owner is still required to avoid conditions on his property that would cause harm. An example of a licensee is a friend or family member visiting your home, and therefore invited onto the property but there for their own benefit. With respect to trespassers, a property owner simply owes a duty of care to not negligently or recklessly cause them harm; trespassers do not have permission to be on the property and therefore the duty of care owed is minimal.

Georgia has a modified comparative negligence system; i.e. a claimant can only recover damages if he/she was less than 50% at fault for their injury. A property owner must have actual or constructive knowledge of the hazardous condition on the property, and the condition cannot be in plain sight such that a reasonable person would have seen the hazard (the plain view doctrine).

WHAT TO DO IF INJURED IN A SLIP AND FALL ACCIDENT

Five steps to take if in a slip, trip and fall accident:

Orange Barrels

Fri, 04 Mar 2022 17:42:00 GMT

ORANGE BARRELS

It’s that time of year again. No, not spring break. Orange barrels—detour signs—I’m going to be late time of year again. Work zones are everywhere, and while it’s good that the sorry state of this country’s infrastructure is being addressed, it’s not good that the work zones present a constant interruption to our daily lives. The work zones can present more than an interruption, however; they too often present the risk of life and death accidents.

THE GRIM STATISTICS

Between 2018 and 2019, fatal crashes in work zones increased by 11 percent while fatal crashes outside of work zones decreased by 2 percent. Work zone fatalities reached a 15-year high in 2019. Since 2013, work zones have grown increasingly dangerous. Between 2013 and 2019, work zone fatalities increased 42%. In 2019, over 115,000 work zone crashes were estimated to have occurred resulting in over 39,000 injuries and 842 fatalities. Economic costs of these crashes have been estimated at over $17.5 billion annually.

The Georgia Department of Transportation said work zone fatalities more than doubled between 2014 and 2017, when 55 people died. Another 52 people died in work zone accidents in 2018.

In 2020, during the COVID-19 pandemic, work zone crashes & fatalities climbed despite lower traffic volume. For the first half of 2021, USDOT projects another 18.4% increase in fatalities over 2020 and the largest number of traffic fatalities since 2006.

PEDESTRIANS KILLED IN WORK ZONES

In 2018, there were 122 cases of pedestrians killed as a result of a work zone crash. Work zone pedestrian fatalities are often assumed to be members of the public who have fallen into complacency walking along the work zone. However, in 2018, 38% of pedestrian fatalities in work zones were people who were working there, primarily engaged in road work, utility work, and planning/surveying. Work activities at the time of death include activities such as installing traffic signs, reopening a lane, flagging, picking up debris, replacing damaged concrete, paving operations, exiting a work vehicle, utility work, construction labor, DOT electrical work, DOT maintenance work, fence contracting, repairing guardrail, stringing cable guard rail, and repairing a bridge.

HOW TO AVOID WORK ZONE ACCIDENTS

An analysis of the increase in work zone accidents shows that speeding in work zones accounted for the most accidents—40%. Rear-end collisions are the second biggest cause of work zone accidents, at 29%, with commercial vehicle accidents accounting for 16% of work zone crashes. Driver inattention, or distracted driving, is a major factor in work zone accidents and encompasses all of the above, since lack of attention to one’s rate of speed, distance to the car ahead, the placement of commercial vehicles on the road, and the location of workers and pedestrians leads to accidents in these categories.

SAFETY TIPS

With these statistics in mind, avoiding accidents in work zones involves some simple, common sense safety measures:

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an accident in a work zone, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights. You might be entitled to compensation for medical costs, for lost wages, for lost earning capacity, for pain and suffering, and for other damages.

Look Up!

Fri, 25 Feb 2022 18:47:00 GMT

WHAT IS DISTRACTED DRIVING?

While the term “distracted driving” has become synonymous with texting while driving, distracted driving really means anything that takes a driver’s attention away from the task of driving. The definition really is as simple as that.

There are four types of driver distraction:

According to the National Highway Transportation and Safety Administration, distracted driving causes about 3,000 deaths per year : 3,142 deaths in 2019, 2,628 deaths in 2018 and 3,003 deaths in 2017. Additionally, distracted driving causes about 280,000 injuries per year: 276,000 injuries in 2018, 285,000 injuries in 2017 and 295,000 injuries in 2016.

WHAT DEMOGRAPHIC IS MOST AFFECTED BY DISTRACTED DRIVING?

According to the Centers for Disease Control:

DO LOOK UP!

We’ve all seen them: the pedestrians and even the cyclists with their heads down, lost in their phones as they cross a street without looking up. We slam on the brakes just in time to avoid hitting these oblivious people, thankful that a tragedy has been averted and then angry that we came so close to an accident that should never happen. Distracted walking injuries from texting while walking are so common that the term “pedextrian” has been coined to refer to pedestrians who text while walking.

Pedestrian distraction is an increasing problem in towns and cities around the world. Researchers from the University of Calgary in Canada found that “[g]iven the ubiquity of smartphones, social media, apps, digital video and streaming music, which has infiltrated most aspects of daily life, distracted walking and street crossing will be a road safety issue for the foreseeable future.” Around 270,000 pedestrians die every year globally, making up about a fifth of all road traffic deaths.

HEAD UP, PHONE DOWN

Follow these tips to stay safe as a pedestrian:

When driving or walking, being distracted can result in an accident, injuries, and even losing your life. Pay attention to the road and the task at hand.

CONTACT YOUR ATTORNEY

If you or someone you know is injured in an accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

School Bus Related Accidents

Fri, 18 Feb 2022 17:53:00 GMT

ARE SCHOOL BUSES SAFE?

According to the National Highway Transportation Safety Administration statistics, yes. From 2010 to 2019—the last school year before Covid-19 interrupted school transportation and sessions—about 69% of the deaths in school bus-related crashes were occupants of vehicles other than the school bus; 17% were pedestrians ; 6% were school bus passengers; 5% were school bus drivers; and 3% were pedacyclists . Of the people injured in school bus-related crashes from 2010 to 2019, about 34% were school bus passengers, 8% were school bus drivers, and 53% were occupants of other vehicles. The remainder were pedestrians, pedalcyclists, and other/unknown.

THE BUS STOP: THE MOST DANGEROUS PART OF SCHOOL TRANSPORTATION

So while statistics show that riding a school bus is the safest mode of transportation to and from school for children ages 18 years old and younger, accidents between school buses and other vehicles and between school buses and pedestrians/cyclists do cause numerous injuries and even fatalities. The Atlanta Journal Constitution website reported that metro Atlanta school buses have been involved in more than 700 accidents since July 1, 2016 , according to the Georgia Department of Education.

These injuries and fatalities include school children getting on and off the school buses, since safety laws at bus stops are not always followed. Georgia law requires that vehicles stop and remain stopped until all loading students are aboard in the morning or all unloading passengers have cleared 12 feet off the roadway in the afternoon. See also: GA Code Title 40-6-165 on Operation of School Buses. Unfortunately, some vehicle drivers do not abide by the safety laws, and some bus drivers are either not adequately trained or do not comply with the laws specified in the Code.

Another area where school transportation accidents tend to occur is the bus stop, particularly those bus stops that are not well sheltered or removed from roadways. Children waiting for school buses in areas close to roads can be hit by vehicles that skid on icy/wet patches; by drivers that fail to see them due to sun glare or curves in the road; by drivers that fail to or lack the time necessary to react when a child wanders or is accidentally pushed into the road.

WHAT TO DO WHEN ENCOUNTERING A SCHOOL BUS

If you are the driver of a vehicle that encounters a school bus, you must act responsibly and obey all safety laws. Be particularly alert and avoid all distractions when near bus stops and schools during loading and unloading times. Come to and remain at a complete stop when the arm of the bus is out and the lights are flashing. Resume travel slowly and carefully after loading/unloading is complete, watching for children who run to or from the bus at the last minute without checking the road first.

If you are involved in an accident with a school bus, and have sustained injuries and/or damage to your vehicle—and statistics show that other vehicles and the driver/passengers of those vehicles are more likely to be injured than the driver/passengers of the school bus—you should seek medical treatment immediately, then contact a personal injury attorney who will ensure that you receive the compensation you are entitled to for medical costs, lost wages, pain and suffering, and any other damages.

CONTACT Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.

The Danger of Crumbling Infrastructure

Fri, 11 Feb 2022 18:19:00 GMT

PITTSBURGH BRIDGE COLLAPSE

A 50-year-old bridge collapsed in Pittsburgh early on January 28, 2022, requiring rescuers to rappel down a ravine and form a human chain to reach a few occupants of the municipal bus that plummeted along with the bridge. The collapse came hours before President Joe Biden arrived in Pittsburgh for a previously scheduled visit to promote his $1 trillion infrastructure law, which has earmarked about $1.6 billion for Pennsylvania bridge maintenance. President Biden went to the site of the accident, expressing shock and calling the rescue “a miracle.”

The loud noise from the collapse was followed by a hissing sound and the smell of natural gas. Ruptured gas lines along the bridge produced the leak, and the supply of gas was shut off within a half-hour. At least four people required hospital treatment, but no fatalities occurred. Officials credited the miraculous lack of fatalities and low number of injuries to the fact that the snow and ice that had made roads treacherous overnight had prompted a 2-hour school delay, shifting otherwise busy traffic hours to later in the morning.

WHEN LUCK CAN’T BE COUNTED ON

What if there had not been a school delay that morning? What if the Fern Hollow Bridge, as it is called, had the usual amount of school buses, transit buses, and vehicles on it when it collapsed? The result would have been catastrophic.

Pittsburgh’s Fern Hollow Bridge is just one of hundreds of bridges in the country that are in poor condition, so poor that they are dangerous, as its collapse demonstrated. Many roads are in similarly poor condition, with potholes, unpaved sections, and uneven surfaces that lead to accidents. Construction zones with confusing or no signage, sudden lane shifts and shoulder drop-offs can also cause accidents. Swerving to miss a giant pothole can send a driver into the adjacent lane, and into the vehicle occupying that lane. Unpaved and uneven sections of road can lead to drivers hitting barriers or other vehicles due to skidding, the need for additional braking time, or confusing last-minute detours.

WHEN BAD INFRASTRUCTURE CAUSES ACCIDENTS

Dangerous road conditions may be the result of natural events, such as tropical rains and flooding, or sleet and ice that make driving unsafe. But dangerous road conditions can also arise from the poor physical condition of a road and its surroundings. Various government agencies are responsible for maintaining roads and ensuring they are safe for drivers, cyclists and pedestrians, including providing proper signage, lighting, pavement markings, signals and traffic control devices. The government has a duty to design, build and maintain safe roads and bridges. If an accident occurs because of a hazardous road condition, the government agency responsible for maintaining the road may be liable.

Determining whether a government entity has liability for an accident caused by poor road conditions or a dangerous bridge is complicated. If you have been in an accident and suspect faulty or poorly maintained roads to be the cause, one very important thing to keep in mind is that responsibility for those roads doesn’t fall solely to the federal government. Ownership—and therefore maintenance and upkeep—of roads falls to different governing bodies, from the federal government to state governments to cities and even private organizations. Determining negligence and liability follows a specific set of steps, and while it’s always a complex process, it gets even trickier when dealing with municipal agencies and responsibility of road maintenance.

If you have been in an accident and suspect faulty roads or improper signage is to blame, it is best to seek out an experienced attorney who can help you understand your situation and decide whether or not to pursue a case.

CONTACT YOUR ATTORNEY

Contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

In the Rear View Mirror

Fri, 04 Feb 2022 17:52:00 GMT

IN THE REARVIEW MIRROR

Driving through the city one afternoon, I saw a motorcycle driver weaving through traffic behind me. As I continued to watch him in my rearview mirror, he suddenly accelerated out of the left lane and into the space in between lanes—an illegal maneuver under the Georgia Code. GA Code Section 40-6-312(c). Motorcycles must be driven like other motor vehicles. GA Code Section 40-6-310. He approached my vehicle in the right lane, increasing his speed; he was not wearing a helmet, which is also illegal in Georgia. GA Code Section 40-6-315. One thought came to my mind: “This will not end well.”

It did not. As he swerved across my lane, directly in front of my vehicle, he lost control of his motorcycle. The motorcycle and its driver crashed violently onto the sidewalk to my right, and the force of the impact sent him and the motorcycle flying back into the intersection, where the driver’s head hit the ground and literally bounced off the pavement several times. The driver and the motorcycle finally came to a stop in the middle of the 4-lane road.

Multiple people called 9-1-1. I slowly got out of my vehicle and approached the accident scene, where someone in scrubs was already kneeling beside the injured man. The police arrived in moments and started taking statements. The motorcycle driver was actually talking—but probably from shock after such a violent crash and multiple harsh hits to his head. I think I was in shock, too. After the police gathered everyone’s statements and contact information, traffic was diverted and I was free to go. The ambulance had already departed with the motorcycle driver.

THE NUMBERS

Motorcyclist fatalities have steadily increased in recent years in Georgia. In 2017 there were 135 fatalities, 154 in 2018, 170 in 2019, and 179 in 2020. In 2019, there were 3,948 motorcycle crashes statewide and a total of 4,269 motorcyclist riders involved in crashes. From 2017 to 2019, motorcyclist fatalities increased by 22%. Although motorcycles represent just 2% of registered vehicles, motorcyclists are consistently overrepresented in traffic fatalities. In 2019, motorcyclists represented 11% of total traffic fatalities and 21% of total driver fatalities. Riders aged 25–34 represent 23% of motorcycle operator fatalities; 18% of motorcycle operators involved in fatal crashes were speeding.

GEORGIA LAW

Riding in between two lanes of traffic as the motorcycle driver did in the above-described accident is known as “lane splitting.” Not only is this practice dangerous because riders have less room to maneuver and other motorists aren’t expecting them, but as noted above, it is also illegal in Georgia.

The motorcycle driver in the above scenario was also committing another offense: riding without a helmet. Georgia law requires all motorcycle drivers to wear a helmet; it is the single-most effective way motorcycle riders and passengers can protect themselves. More than 1,800 lives were saved due to helmet use in 2017. The National Center for Statistics and Analysis estimates that if all motorcyclists had worn helmets, an additional 749 lives would have been spared that year.

Another serious and unfortunately common offense is driving motorcycles while impaired. Of those killed in single-vehicle crashes on weekend nights, 61% were alcohol-impaired. Of the 135 riders killed in Georgia in 2017:

Finally, the motorcycle accident above occurred in the city, and this is typical; motorcycle crashes are more frequent in urban areas than rural areas. The Atlanta Region accounted for 42 percent (1,655 out of 3,948) of all motorcycle crashes and 33 percent of all motorcycle registrations.

WHEN IN A MOTORCYCLE ACCIDENT

Even when a motorcycle driver obeys the law—stays in his/her lane, wears a helmet, doesn’t speed and drives sober—accidents happen. Injuries from motorcycle accidents tend to be more severe than those suffered as the driver or passenger of a motor vehicle, and they often require more medical attention and rehabilitation. This is why it is imperative to get medical attention immediately, at the scene, and to allow the police to get witness statements and information (that you can access in the future if necessary). After seeking medical attention and ensuring witness information is accessible, contact a personal injury attorney such as Dave Thomas with expertise in motorcycle accidents.

CONTACT YOUR ATTORNEY

If you or someone you know has been in a motorcycle accident, contact Dave Thomas with The Thomas Law Firm for a free consultation regarding your legal rights to compensation for medical costs, lost wages, and damages for pain and suffering.

The Broadcast That Went Viral

Thu, 27 Jan 2022 19:47:00 GMT

WHEN REPORTING THE STORY BECAME THE STORY

Tori Yorgey, a reporter from WSAZ-TV in Charleston, West Virginia, was reporting on a water main break during a live broadcast on January 19, 2022, when an SUV struck her from behind, knocking her down. Ms. Yorgey can be heard saying, “I’m ok, I’m ok” and the SUV driver stopped to apologize and make sure she was, in fact, ok. Yorgey then continued with her broadcast.

The clip of Yorgey being struck by the SUV live on air, but gamely continuing with her broadcast, quickly went viral. A few days later during an interview, Yorgey admitted that she doesn’t remember falling and getting back up, that she sort of “blacked out” when the SUV hit her. She insisted that she was not seriously injured, however, saying that she was evaluated and had no broken bones, but was a little sore, particularly in her back and right leg.

MORE OFTEN THAN YOU THINK

In 2017, 5,977 pedestrians were killed in traffic crashes in the United States. That's about one death every 88 minutes. Additionally, an estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries in 2017. Per trip, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash. In 2019, the W.H.O. estimated that 300,000 pedestrian deaths were recorded globally, a 22% share of total road user fatalities.

The main causes of pedestrian—motor vehicle crashes are: (1) distracted driving; (2) aggressive driving (particularly in urban areas); (3) speeding; (4) failure to yield the right of way to pedestrians at crosswalks; and (4) pedestrians wearing dark clothing at night. Almost half of crashes that resulted in a pedestrian death involved alcohol for the driver and/or the pedestrian. cdc.gov .

SAFETY TIPS FOR PEDESTRIANS

WHEN IN AN ACCIDENT

If, like the reporter Tori Yorgey, you are in a pedestrian accident (simply defined as an accident between someone on foot and some other force), the most important thing is to seek medical attention—notwithstanding Ms. Yorgey’s professional endeavor of finishing her broadcast. Ms. Yorgey’s case demonstrates that an initial assessment of injuries can be deceiving; Ms. Yorgey thought she was fine at the scene, but later realized she “blacked out” during the fall and suffered soreness in her back and leg. This is why a complete medical evaluation is so crucial. An injury suffered at the scene of the accident but left untreated can become much worse, even life-threatening or debilitating; therefore, obtaining prompt medical attention is always wise.

Documenting injuries for purposes of reimbursement of costs, both immediate medical costs and any rehabilitative costs or lost wages, is also essential. Additionally, getting contact information from the driver involved, and any and all witnesses to the accident will help recovery of costs.

CONTACT YOUR ATTORNEY

If you or someone you know has been involved in an accident with a motor vehicle, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.

Atlanta Under Siege

Mon, 17 Jan 2022 23:03:00 GMT

ATLANTA UNDER SIEGE

The winter storm that was predicted for a week finally arrived—and did not disappoint. With precipitation swinging from freezing rain to snow, and winds gusting at times over 40mph, the storm packed a punch over Georgia, including Atlanta. Georgia Governor Brian Kemp declared a state of emergency on Friday, January 14, 2022, for 91 Georgia counties. GDOT was out in advance, pre-treating roads, but with power outages affecting traffic lights, trees down on roads, and blowing snow at times, road conditions were hazardous.

As of the Martin Luther King, Jr. holiday, roads were still tricky, with Governor Kemp urging people who did not need to travel to stay home. If you have to be out, AAA advises the following when driving on icy/snowy roads:

WINTER STORM ACCIDENTS

Despite employing all of the safety measures above, and even with GDOT working around the clock to treat the roads, accidents do and will happen. Black ice, blowing snow creating white-out conditions, and downed trees and/or power lines on roads are just some of the conditions that can lead to motor vehicle accidents in bad weather.

Severe weather can be both frightening and dangerous for travelers. Winter storms, bad weather and sloppy road conditions are a factor in nearly half a million crashes and more than 2,000 road deaths every winter, according to research by the AAA Foundation for Traffic Safety. Drivers should know the safety rules for dealing with winter road emergencies. AAA urges drivers to be cautious while driving in adverse weather.

When in an accident, the most important thing is to ensure the health and safety of the people involved. Calling EMTs to the scene is the best way to ensure that everyone is taken care of, as well as documenting the care of all those involved in the accident. Taking photos of the accident scene and the vehicle(s) involved is very helpful for making a future claim for compensation of medical costs, lost wages, pain and suffering, and property damages. Additionally, getting contact information of any witnesses to the accident is also extremely helpful. Finally, contact a personal injury attorney to help you recover the compensation you deserve and will need to make you whole again after an accident.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in a motor vehicle accident, contact Dave Thomas at The Thomas Law Firm for a free consultation regarding your legal rights.