Michael Neff's Blog

Fireworks Safety Tips for a Safe and Healthy 4th of July

2009-07-03T05:00:00.002-04:00

Fireworks are one of those products that especially appeal to children while simultaneously posing an inherent danger. They are sparkly and shiny, they move fast and create smoke, and they only show up once a year. Any of these elements would likely attract a child’s attention, but put them all together and you have the ingredients for more than just a snap, crackle and pop.

While Georgia law does allow for the sale of sparklers and other similar non-explosive fireworks, just because something is legal, does not mean it is safe.
Sparklers, widely considered the most innocuous of fireworks, can burn at temperatures as high as 1800 degrees.

In Georgia, only small scale fireworks are allowed, but with many areas cancelling their fireworks shows, many people may be tempted to smuggle fireworks into the state to create shows of their own. Fireworks displays are not exactly an unobtrusive crime and you can rest assured that the law will be strictly enforced.

After all, last year 9,800 injuries were reported from fireworks. If that weren’t hazard enough, on a typical Independence Day there are twice as many fires reported than on a typical day.

Are you planning on adding personal fireworks to your 4th of July celebration? If so, keep these tips from the National Fireworks Safety Council in mind as part of your safe and healthy Independence Day:

1.) Use fireworks outdoors only

2.) Have a hose or water bucket handy in case of fire

3.) Use fireworks only as intended. Never try to combine two different fireworks because you could be in for more than you bargained for

4.) Never relight a “dud” firework. The proper safety precaution to take in this instance is to wait 20 minutes and then soak it in a bucket of water

5.) Users should wear safety glasses and remain a safe distance from spectators

6.) Just as you use a “Designated Driver” use a “Designated Shooter”

7.) Don’t allow anyone under the age of 12 to use fireworks of any type

8.) Never try to substitute homemade fireworks or illegal explosives. This is an accident waiting to happen

If you follow these tips (or better yet, simply attend a local area fireworks show), the only flashing lights you will see on the 4th are the sparkle of fireworks and not the glare of an ambulance.

Check with the American Pyrotechnics Association for fireworks laws in your state. Remember, fireworks are a fun distraction, but don’t forget to think long and hard about firework safety before lighting that fuse.

The MLN Law blog wishes you and your family and friends a happy 4th of July!

Speed Limiting Device for Tractor Trailers?

2009-07-02T05:00:00.001-04:00

A grassroots campaign to have speed limiting devices installed in all tractor trailer trucks is gaining momentum in Washington. Leading the fight is Stephen Owings, whose 22-year-old son died when his car was rear ended by a big rig.

Said Owings of the speed limiting devices, “We are not against truckers. We are pro highway safety.”

While, according to Owings, the Bush administration was not receptive to his pleas for speed limiting devices on big trucks, the Obama administration seems more open to the idea. Ownings hopes that Congress will mandate speed limiting devices for big trucks in a soon to be drafted highway bill.

While independent trucking companies, private owner-operators and those with conservative views on government regulation have declared themselves opponents of the measure, Ownings has found himself with an unexpected source of support – the American Trucking Association (ATA).

According to the ATA, the speed limiting devices would not only preserve human life in case of a crash, they would also help preserve fuel.

"When the industry itself is asking for this requirement, it's hard to see Congress finding fault with it," ATA Senior Vice President Tim Lynch said.

But opponents of the measure, such as driver Julia Scott, say that turnabout should be fair play, and that if the government wants to put speed limiting devices on big trucks “they need to put speed limiting devices in the cars."

The Owner-Operator Independent Drivers Association agrees with Scott, declaring that mandatory speed limiting devices are likely to lead to more collisions because truck drivers will no longer have access to excess horsepower when executing emergency maneuvers. They also theorized that trucks being unable to pass one another would lead to increased traffic gridlock.

According to the latest data, speed is a factor in 9% of all fatal truck accidents. While speed is a factor in a larger percentage of small auto accidents than big truck accidents, it is wise to consider that 75% of all fatalities in truck accidents occur among drivers of other involved vehicles and 8% occur among bystanders. A truck’s size can cause exponential damage when barreling out of control.

The Owner-Operator Independent Drivers Association, though, questioned whether speed limiting devices would help in even the 9% of fatality accidents. To back up their point, they cited statistics saying that tractor trailer truck accidents occur more often when drivers are driving too fast for conditions, not when they are exceeding the speed limit in general.

Are you in favor of speed limiting devices on big trucks? Contact your congressman and show your support for such a measure in the upcoming highway bill.

If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now. The longer you wait, the weaker your case becomes.

For more blog posts like this:

Tractor Trailer Blind Spot Locations – No Zones

Injury Caused by Failure to Properly Load Tractor Trailer

Top 10 Causes of Truck Accidents

89 New Georgia Laws Take Effect

2009-07-01T05:08:00.001-04:00

July 1st marks the day that 89 new Georgia laws go into effect. Here are just a few of the new laws and what we can expect:

Vendors at MARTA

MARTA riders will now be allowed to bring food and drink into common areas (though, save for resealable plastic bottles, not on buses and trains.) This amends an earlier law that only allowed people to bring resealable plastic bottles or food for children under five into train stations. MARTA’s Deputy General Dwight Ferrell commented that this law would pave the way for vendors such as newsstands and dry cleaners to open spaces within train stations. Would you find that convenient? Leave a message with your thoughts in the comments.

Embryos Up for Adoption

Religious conservatives backed House Bill 388 which would allow for the adoption of the extra embryos created when couples are trying to conceive. According to Jim Beck, President of the Georgia Christian Coalition, the bill is one step in the direction of having embryos declared “a life.” The bill’s author, however, did not include language in the bill specifying that an embryo is a person.

Legal Immigrant Employment Enforcement

The last leg of 2006 Georgia Security and Immigration Compliance Act will take effect today. It requires that all companies that do business with public employers verify that their employees are in the country legally.

Changes to Schools and Education

Georgia high school juniors and seniors will be allowed to attend college for high school course credit. A bill raising salaries for math and science teachers will go into effect in 2010. Students with allergies will be allowed to administer their own epi-pen injections on school grounds. Registered sex offenders will be prohibited from serving on school boards.

Law Enforcement

Any prisoner in jail for a year or longer will have to undergo a mandatory AIDS test. Crime victims, relatives and friends will now be allowed to testify through pre-recorded audio or video instead of appearing in person.

State Government

A new law states that absentee ballots must be counted and recorded at precinct level, and a new state agency has been created. The Department of Behavioral Health and Developmental Disabilities is part of Georgia’s health and human services infrastructure.

Historical Stewardship

April will now be Confederate Heritage and History Month and the Ralph Mark Gilbert Civil Rights Museum will now be an official state civil rights museum.

Do you have opinions (positive and negative) on Georgia’s new laws? We would love to hear about them in the comments section.

Emory Study May Help Decrease Mortality Rate from Traumatic Brain Injury

2009-06-30T05:00:00.001-04:00

Did you know that every 15 seconds someone in the United States receives a traumatic brain injury? This adds up to 1.5 to 2 million adults in the United States suffering from a traumatic brain injury (TBI) every year.

Luckily for sufferers of TBI ,scientists right here in Atlanta are on the case. The renowned Emory Univeristy Medical Center has been awarded a 14.5 million grant to work with Grady Memorial Hospital and the Morehouse School of Medicine to study a new treatment for traumatic brain injury.

The treatment would involve using the hormone progesterone on sufferers of traumatic brain injury. The same Emory scientists have previously studied this treatment with promising results and this new study would build on successful findings.

“We found a 50 percent reduction in mortality in those patients treated with progesterone,” said lead investigator Dr. David Wright of the pilot study. “Furthermore, we found signs that progesterone improved functional outcomes and reduced disability in patients with moderate brain injury.”

The National Institute of Health (NIH), which awarded the grant, has also promised another $14 million in grant money if the three-year study reaches certain goals. The study will include 1,140 patients in 17 medical centers in 15 states, with Grady Memorial Hospital serving as the lead research center. Doctors from Morehouse and Emory both work out of Grady routinely, and that practice will allow them hands on access to the study.

Previous versions of this study have found that progesterone can actually cut the near-term mortality rate of victims of traumatic brain injury in half. It has also been found to possibly curb the severity of non-fatal traumatic brain injuries.

"Progesterone offers a number of advantages over other experimental treatments for traumatic brain injury," said a previous report by researchers. "Because it is lipid soluble, it rapidly crosses the blood-brain barrier and reaches equilibrium with the plasma within an hour of administration. It has a long history of safe use in men and women. The intravenous formulation we used can be easily administered by peripheral line. Because the agent is widely available in generic forms, it is inexpensive."

Traumatic brain injury is also all too common for soldiers. Not only could this treatment help victims of accidents, perhaps it could also help the brave men and women serving on the front lines of the current conflicts.

If you’ve been the victim in an accident and experienced a traumatic brain injury then you may have legal recourse. If someone else caused your accident, then they can be held liable for any damages, such as loss of employment, resulting from your brain injury. But you must act quickly! Evidence of brain injury disappears over time, as does physical evidence related to the accident. Call MLN Law at (404) 531-9700 to get the compensation you deserve.

Operation Zero Tolerance Targets Georgia Drunk Drivers

2009-06-29T12:34:00.004-04:00

In terms of highway safety, the Fourth of July is the deadliest day of the year. Georgia State Troopers and other law enforcement officers have already begun their crackdown for the upcoming holiday.

Operation Zero Tolerance will run through Sunday, July 5. Officers will be out in full force and on the lookout for impaired drivers and reckless speeders, as well as people who are not wearing safety belts.

“Operation Zero Tolerance sends state troopers and other law enforcement out in concentrated patrols, particularly targeting drunk drivers. We’re going to be conducting several road safety checks and working closely with Sheriff’s offices and police departments in a joint effort,” said Cpl. Kyle Duke of the Georgia State Patrol.

In Georgia, alcohol is involved in one out of five crashes. Last year during the Fourth of July travel period, nearly half of the 14 traffic fatalities in Georgia involved a drunk driver.

Bob Dallas, director of the Governor’s Office of Highway Safety, advises people to pre-plan their celebrations and arrange for a designated sober driver or a taxi cab. It’s a good idea to store taxi cab numbers on your cell phone just in case you need one.

“Driving while impaired just isn’t worth this incredible risk,” said Dallas. “Regardless of age or level of driving experience, drivers who consume too many spirits while getting into the holiday spirit must find a safe and sober ride home. If not, Operation Zero Tolerance has significantly increased their chances of arrest in Georgia, while their excessive alcohol consumption has significantly decreased their chances of survival anywhere they drive.”

If you’re serving as a designated driver this Fourth of July, make sure that all of your passengers are wearing their seat belts, and don’t allow any open containers of alcohol in your vehicle.

If you spot an impaired driver, call 911 immediately. You can also call *GSP on your cell phone to reach the nearest Georgia State Patrol post.

To be safe, drive as little as possible this holiday weekend. Keep in mind that this is one of the busiest days of the year, and many drivers will be impaired. Drive defensively, wear your seat belts, and stay within the speed limit. Try to arrive at your destination early and stay put, especially if you plan to drink. This will make the roads safer for us all.

If you’re injured in an accident with a drunk driver, call 911 and, if possible, collect evidence at the scene of the accident. Get names and phone numbers of any witnesses, and take photos of the accident scene. See a doctor immediately to have your injuries evaluated, and call an attorney as soon as possible. Your attorney will need to act quickly to investigate the accident and collect evidence.

MLN Law aggressively pursues claims against drunk drivers. We work hard for victims of drunk driving accidents to get them the compensation they deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation with an experienced attorney.

Here’s a Fourth of July video press release from the Governor’s Office of Highway Safety:

Atlanta 4th in the Nation for Road Rage

2009-06-29T05:00:00.001-04:00

With the holiday weekend coming up and many families taking driving vacations or simply staying near home on staycations, its worth giving a little extra thought to driver safety. Sadly, if you plan to stay in or near Atlanta this weekend you may have something more than fireworks shows to worry about, and that something is road rage.

Atlanta earned the dubious distinction of being one of the nation’s top five leading road rage cities in a survey conducted by AutoVantage, a national auto club. We found ourselves keeping company with three northern cities and one neighbor to the west on the following list:

1.) New York
2.) Dallas/Ft. Worth
3.) Detroit
4.) Atlanta
5.) Minneapolis/St. Paul

AutoVantage came up with these numbers after surveying drivers in 25 major metropolitan areas during the first three months of this year and compiling the ranked list based on reports of angry and aggressive drivers. For the purposes of the survey, angry drivers included drivers who overreact and lose their tempers while aggressive drivers included drivers who cut into lines, honk, speed and tailgate.

The survey also compiled some data we can all learn from, such as what causes road rage and which types of drivers are most likely to fall victim of a case of road rage.

The study concluded that the behaviors most likely to incite road rage include:

1.) Talking on a cell phone
2.) Texting or emailing
3.) Driving too fast
4.) Tailgating
5.) Eating or drinking while driving
6.) Cutting over without notice
7.) Slamming on the brakes
8.) Running red lights
9.) Multitasking (such as putting on makeup, shaving or reading)

Further, the people most likely to engage in road rage inducing behaviors are young people or people with long commutes. They admitted to the survey takers that they were more likely to talk on cell phones or drive too fast on a regular basis.

The study also identified some major causes of road rage, which included:

1.) Witnessing bad or careless driving from others
2.) Anger or frustration
3.) Running late or being in a hurry
4.) Experiencing traffic problems or road construction
5.) Witnessing drivers who “think they own the road”

Some tips for avoiding the urge to rage include allowing yourself plenty of time for your trip, listening to soothing music, and, of course, giving other drivers the benefit of the doubt and assuming that their mistakes are not directed at you. If you experience road rage from others, it’s key to remain calm and in control. Extreme reactions can just compound the chain of road rage and lead to more incidents or even an accident.

The best way to curb road rage is to begin with your own habits and be a careful, safe and courteous driver. If you are not yet following all the rules of courteous driving, why not start this 4th of July weekend?

Interested in more road rage statistics? Visit this website to see the full AutoVantage report and read more road rage statistics. (Warning, the link leads to a PDF that may open slowly on some machines.)

8 Tips to Beat the Summer Heat

2009-06-26T05:00:00.002-04:00

Georgia is experiencing heat wave in the middle of a recession. Sounds like a recipe for disaster right? Well, not if you sell fans. A recent article in the Atlanta Journal Constitution explored ways that locals are beating the heat and found that floor fans are literally flying off the shelves. Why? Floor fans are portable, get the job done and, most importantly, are cheaper than traditional air conditioners.

But the lack of adequate cooling could lead to problems at the height of summer. The elderly, children, people with health problems and people who work outside are most susceptible to the heat. In fact, a Med Page Today article reported that heat deaths strike men more often due to the fact that men are more likely to have jobs that require them to work outside. The article pointed out that men in their prime years (15-64) suffered significantly more heat deaths than women of the same age, so if you are a man (or woman) who works outside or know someone who does, take measures like the ones listed below.

If you or someone you know falls into one of the categories of people who are most susceptible to heat, be sure to pass on these tips for getting through what is sure to be a hot summer in a safe and healthy way:

1.) Drink plenty of water or other liquids. Even if you aren’t thirsty, liquids will keep your body hydrated.

2.) Dress in light weight, loose fitting clothing. Light colors are best.

3.) Be aware of the time and do not engage in outdoor or vigorous activities between noon and 4 p.m., the hottest part of the day.

4.) Wear a hat or use an umbrella when you go outside on a hot day.

5.) Eat light in hot weather. Get extra hydration by eating foods such as fruits, salads and soups that are high in water content.

6.) Take frequent showers and baths (while watching your water consumption, of course.) Water actually draws heat away from the skin, so bathing in tepid water is a great way to cool off on the hottest days.

7.) Watch for signs of dehydration. Human bodies are made up of 75% water and a drop in that percentage can be deadly. Early signs of dehydration are thirst to try to increase the body’s water content and decreased urination as the body tries to preserve its existing water content. Further symptoms include dry mouth, inability to produce tears, muscle cramps, nausea and vomiting, and lightheadedness. Dehydrated people may also stop sweating. Untreated dehydration can lead to coma and organ failure.

8.) Know the signs of heat cramps, heat exhaustion and heat stroke. Heat cramps are muscle spasms suffered by people who sweat during long, strenuous activities in hot sun. Heat exhaustion can develop after a few days of overheating while failing to take in enough fluid. Heat exhaustion is a milder form of heat stroke. Heat stroke is an extremely serious condition characterized by a high temperature and neurological symptoms. Symptoms can also mimic heart attack symptoms.

If you work outside and experience any unusual effects, don’t ignore your health. Four hundred people died between 1999 and 2003 from heat stroke, and it’s shaping up to be one hot summer.

New Procedure May Make Life More Comfortable for Children with Spinal Cord Injuries

2009-06-25T05:00:00.002-04:00

Children with spina bifida or traumatic spinal cord injuries and, of course, their parents have plenty to worry about. Just like any of us, they want their children to have normal, healthy lives, but that can be difficult when spinal problems have interfered with one very natural function – bladder control.

But now a surgical technique out of China is being touted as a way to help children with spinal cord injuries or those born with spina bifida regain control of their bladder and progress toward living the normal lives their parents most assuredly want for them.

The Xiao Procedure was developed by a Dr. Xiao in China. When performing the technique, a surgeon takes a small portion of the nerve that usually controls motor function, then cuts it and splices it to a nerve that usually controls bladder and bowel function. Within a span of 6-24 months after the procedure, the nerve regenerates, creating a new nerve pathway to allow the child to empty her bladder by, interestingly enough, scratching a spot on her thigh.

According to an email to an interested mother of a child with spina bifida from Beaumont Hospital in Michigan, the surgery has had a 80% success rate in China. But in the U.S. pilot study, according to a WNDU.com report out of Indiana, only 12 children have had the surgery and that saw mixed results, with more than half of the children improving but the others showing no significant change.

If the surgery does work, it can lead to excellent results. For one thing, no catheter. Catheters can be an uncomfortable nuisance for a child and a major source of worry for parents. For one, if the catheter comes out, a hospital visit is required to reinsert it. The area around the catheter needs constant cleaning and, on young children, parents need to check the catheter every hour for problems such as loops or kinks in the tubing. The contents of the catheter also need to be emptied twice a day. A successful Xiao procedure would potentially raise the child’s and the parents’ quality of life substantially.

Right now, the Xiao Procedure, which costs about $50,000, is not standard practice in the United States, therefore it is not covered under medical insurance. The Beaumont Hospital study seeks to change all that by proving within the US that it works.

Side effects of the Xiao Procedure include weakness to the lower extremity on the operative side, and, if the child walks, that function could be impaired for a short time and require therapy to fully regain. The surgery is also conducted with the patient under general anesthesia, and possible complications from general anesthesia include blood clots, heart attack, stroke, pneumonia and death.

This new technique, still in testing in the United States, could significantly raise the quality of life for injured children and their parents. We here at the MLN Law blog will continue to keep an eye out on further news about this procedure and update our readers here.

"Seamless Summer" Feeds Low Income School Children All Summer Long

2009-06-24T05:00:00.002-04:00

For far too many Georgia children participating in the federal Free Lunch program is the only way they are able to afford school lunches during the school year. But have you ever wondered what happens to those children when school is out?

Well, for lucky Georgia children in more than 100 school districts, school lunch continues like business as usual because their districts participate in the Seamless Summer program.

With Seamless Summer, children can have access to school meals while at summer school or summer camp, and sometimes, they even have access to meals if they are not attending summer school. That’s the case in Fulton County, where children 18 and under can just pop into one of 15 summer school locations and eat a school lunch with no questions asked.

“This helps them to stay healthy so they can come back to the school ready to learn,” said Susan Hale, a Fulton County Schools spokeswoman.

Some school districts recognize that low income children can’t always make it to school for their free meal. So instead, they serve free lunches as the Walton Village apartments.

The Seamless Summer program fills an all too real need among Georgia students. According to information gleaned from the Georgia Census, about 18% of Georgia children under 18 live in poverty. To put that in perspective, that’s almost 1 in 5. For some children, a summer school lunch could quite possibly be their only nutritious meal of the day. And hunger over the summer has been shown to have detrimental effects when it comes to returning to school in the Fall.

While 100 school districts (including military schools) around the state offer the programs, only Metro Atlanta districts located in Fulton, Clayton, Cherokee, DeKalb, Douglas and Marietta are in on Seamless Summer.

The program is administered by the U.S. Department of Agriculture, which reimburses schools for meal expenses incurred when operating summer school lunch programs.

Facts on Seamless Summer Meals (courtesy of the Atlanta Journal Constitution)

Seamless Summer meals served statewide in 2008:

• 1.38 million breakfasts

• 2.27 million lunches

• 247,636 snacks

• Seamless Summer meals served in metro Atlanta’s participating districts: 61, 262

• Current Seamless Summer participants: 2,038

It’s an economically stressful time right now and some families are worrying not just about the mortgage but about putting food on the table. If you or a family you know could benefit from one of Georgia’s Seamless Summer programs, or if you simply wish to bring Seamless Summer to your area, please visit the USDA’s summer school lunch programs website or contact the state nutrition office at 404-651-9085 for more information.

Construction Companies Cited in Atlanta Botanical Gardens Tragedy That Left 1 Dead Appeal Fines

2009-06-23T05:00:00.001-04:00

Last weekend, on Father’s Day, the Atlanta Botanical Gardens offered a special allowing all dads in for half priced admission. But for some, it may have been hard to forget the tragedy that occurred there back in December of last year when a walkway collapse killed 1 and injured 18.

Construction workers were pouring concrete for an elevated walkway when the structure suddenly collapsed, sending workers tumbling at least 30 feet to land on a damp hillside. The fatality was 66-year-old Angel Chupin, a concrete worker employed by SDC, a Kennesaw construction company. Chupin was survived by a wife and eleven children. According to Chupin’s son Raul, his father had concerns about the scaffolding he was working on, stating that it should have been 6 feet, and not 12 feet, apart.

Chupin knew what he was talking about. The dangerous scaffolding came up again in an investigation by the Occupational Safety and Health Administration (OSHA). OSHA reported that four of 16 towers used in laying the concrete were too far apart and insufficiently anchored.

The accident led OSHA last week to fine three of the companies involved in the accident. Hardin Construction Company of Atlanta was fined $6,300 for their involvement in the accident. Southeast Access of Kennesaw was fined $4,900 for failure to properly inspect the towers, and Williams Erection Company of Smyrna received the largest fine, $15,050 for building the towers too tall and failing to properly brace them. The towers ranged in height from 5 feet to 35 feet.

However, at least two of the construction companies are appealing the fines. A spokesman for Hardin Construction cited the company’s exemplary safety record when commenting to the Atlanta Journal Constitution on the appeal. An earlier AJC article, though, found several instances where Hardin had been cited for multiple previous safety violations carrying thousands of dollars in fines. One of Hardin’s subcontractors, Pioneer Concrete, had also lost a man on the job before and in a later lawsuit, admitted its sole negligence in the death.

Hardin Construction and Williams Erection are both planning to appeal the fines. Federal law gives them 15 days to do so. There was no word yet from Southeast Access about whether they planned to follow suit and appeal the findings as well.

Meanwhile, the Atlanta Botanical Garden is going ahead with the plans for a “Canopy Walk” – the original exhibit the construction workers were working on at the time of the collapse. Construction on the exhibit is slated to begin again late this summer with an expected opening date of 2010. The Botanical Garden plans also to dedicate a private garden to the workers and their families at the same time.

If you have been injured on the job, you have legal rights. Click here for our Worker’s Compensation page and to read further about your rights under Georgia’s Worker Compensation Laws. If you have been injured, call MLN Law at (404) 531-9700 for caring, aggressive legal representation.

“Hot Enough For You?” Federal Law Closes Down Some Georgia Pools

2009-06-22T05:00:00.002-04:00

It was a sweltering in Atlanta over the weekend and when the weather is this hot there’s almost nothing more relaxing than a dip in the pool. But many familiar swimming pools in Georgia and all over the country were closed down last weekend due to some serious safety concerns.

Last year a new federal law took effect that requires all public pools and hot tubs to meet a new safety standard when it comes to the suction generated by their drains. Some Metro Atlanta operators are having trouble complying. One Rockdale County public pool is closed and the Georgia Department of Natural Resources has had to close at least six pools because they simply do not have the funds to update the pool’s older drains. Apartment complexes, subdivisions, and swimming clubs are all subject to the new law, though because there is no central clearinghouse for information it is unknown how many Georgia pools are closed altogether. For some Georgians, a refreshing swim is being sacrificed for safety, at least for the near future.

Angry that your pool is closed? Read on and you may change your mind.

The “Virginia Graeme Baker Pool and Spa Safety Act” stems from a tragic incident that occurred back in 2002. Seven-year-old Virginia Baker, the granddaughter of former Secretary of State James Baker III, dove into a hot tub and was sucked under the water by a powerful drain. It took two men to break the drain’s grating and get her to the surface, but they were too late. Pool-safety lobbyists cited the Baker tragedy when promoting the new act, and in late 2007 Georgia W. Bush signed the bill into law.

Compliance with the new law will significantly increase the safety of pool drains. Operators will be required to replace typical drain covers with grates that lessen drain’s dangerous suction. Other pools may be required to make other changes, such as the expensive process of lowering sump pumps into a pool’s floor to reduce suction, a process that can cost pool operators thousands of dollars but will ultimately save lives.

Other modifications include covers that prevent long hair from getting caught in drains. The Consumer Product Safety Commission (CPSC) reported several incidents of hair getting caught in drains and causing the bathers head to be held underwater. These new drain covers would prevent such horrific accidents in the places where they are the most likely to occur – hot tubs.

Are you concerned about pool safety in your area? Ask your pool operator if their pool is in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. Pools with the proper grated drain cover will bear a seal of approval bearing witness that they meet the new standards.

Is your pool still open? Stay safe this summer with these water safety tips for the whole family.

Georgians, have you noticed any closed swimming pools in your area? Let other readers know in the comments.

Would a Universal Smoking Ban in Georgia Reduce Drunk Driving Fatalities?

2009-06-19T11:38:00.001-04:00

Smoking bans in individual cities and individual bars and restaurants are intended to save lives by reducing patrons’ exposure to second-hand smoke, but they may actually be causing more drunk driving fatalities, according to a report from ScienceDaily.

A study completed last year at the University of Wisconsin-Milwaukee (UWM) suggests that drunk driving fatalities increase following the enactment of smoking bans. The results of this study appeared in the June 2008 issue of the Journal of Public Economics as well as the May issue of The Economist.

Researchers hypothesize that smokers are willing to drive longer distances to establishments that allow smoking. Professor Scott Adams explains, “Like they would to buy fireworks, lotto tickets or, in some cases, alcohol, people will often go to a neighboring jurisdiction that doesn’t have a ban.”

With smokers driving across town or out of town to visit establishments where smoking is allowed, the chances of them having an auto accident increase. However, Adams believes that the positive health effects of smoking bans still outweigh the negative. A preliminary study suggests that smoking bans are associated with evidence of a reduction in heart disease.

Professor Adams says that the best solution would be a universal smoking ban in public establishments. This would eliminate the risk of smokers driving long distances to avoid individual bans.

“I view economics very much as a social science – the costs associated with people’s behavior,” said Adams, who specializes in health and labor economics. “Public economists are concerned with the externalities and whether what affects you also has an impact on others – without those costs being accounted for.”

In Georgia, smoking has been banned in restaurants but not in bars.

Would a universal smoking ban in Georgia reduce the number of drunk driving fatalities? What do you think? We’d love to hear your comments.

A universal smoking ban would certainly cut down on health problems and deaths caused by second-hand smoke.

When intoxicated drivers get behind the wheel, they put many people at risk of serious injury or death. In Georgia, bars and restaurants may also be held responsible for drunk driving accidents if they serve someone who is underage or visibly intoxicated.

At MLN Law, we aggressively pursue claims against drunk drivers. If you’ve been injured by a drunk driver, or if you’ve lost a loved one because of a drunk driver, we’ll explore all options for recovery. You may be able to sue the bar, restaurant, or liquor store that served the drunk driver. You may also be able to sue the drunk driver for punitive damages as well as negligence. Punitive damages exist as a way of punishing drunk drivers for their reckless behavior.

If you or a loved one has been the victim of an irresponsible drunk driver, contact us immediately. Prompt action must be taken to investigate the accident, preserve evidence, and evaluate damages and injuries.

Call MLN Law at (404) 531-9700 to schedule your free consultation. You can call 24 hours a day. If we’re not in the office, leave a message with your contact information. When it comes to drunk driving, we will do everything in our power to punish reckless behavior and make sure you get the compensation you deserve.

14 Tips for Child Proofing Your Home

2009-06-19T05:00:00.002-04:00

Following yesterday’s post about the vital importance of childproofing, here are some tips on how you can keep children, from baby to teen, safe in your home.

1.) Take the time to really examine your home from your child’s point of view. If you have small children, get on your hand and knees on the floor and examine everything you can reach (Thanks to @Naanad, a @mlnlaw friend from Twitter, for this tip!)

2.) Make sure that any second-hand equipment has not been recalled. This goes even if you are using the same car seat, stroller, etc. that you used for an older child. It’s easy to miss recall notifications.

3.) Keep the phone number to your family physician, the hospital, and poison control (1-800-222-1222) in a conspicuous place. Be sure to share this information with babysitters.

4.) Invest in baby gates for stairs and off limits room and guards for windows. A window may look high but remember that children can be persistent when something attracts their attention.

5.) Cover all electrical outlets.

6.) Cover sharp corners with edge covers.

7.) Be careful with breakables. Move them out of the child’s reach or put them away altogether until your child has grown a little.

8.) Use nonskid backing on rugs. Young crawlers and toddlers tend to slip on unstable surfaces.

9.) The strings and loops from blinds can be an asphyxiation hazard. Tie them up high so that they are out of reach of small hands.

10.) Keep your child away from the stove, the dishwasher, the dryer and other hot areas. Turn pot and pan handles inward.

11.) Test all of your appliances, tables and other pieces of furniture. Some may be less steady than they look and could tip when a toddler tries to pull himself up.

12.) Set the hot water heater to a maximum of 120 degrees Fahrenheit to prevent scalds. Curious children can manipulate hot water handles without you realizing it.

13.) Use childproof locks or doorknob covers on exterior doors.

14.) Never leave liquid deeper than two inches available to your child. This may mean going so far as installing a toilet lock for young children.

Also, learn to think diligently and creatively. You may have the safest house in the world but one small change, such as washing a set of knives in the dishwasher, could lead to an unsafe behavior. Children are way more curious about the world than we are and will try everything they can to examine an object that interests them.

While child proofing is not the most fun part of being a parent, it your job as a parent to be cannier than they are and find danger before it finds your children.

Did I leave anything out? Please feel free to add your tips or even child safety product recommendations in the comments.

Tractor Trailer Blind Spot Locations - No Zones

2009-06-18T16:57:00.000-04:00

Most drivers have had at least one close call due to their blind spots, the area of the road that they can’t see through either side or rear-view mirrors. In most cases, you have to turn your head to see the blind spot. “Fisheye” mirrors also help drivers see their blind spots.

In general, larger vehicles have larger blind spots. Tractor trailer blind spots can contain entire vehicles. That’s why many trucks have warning stickers that read “If you can’t see my mirrors, I can’t see you.” A tractor trailer truck driver also sits high off the road, which limits vision further. Fisheye mirrors can bring blind spots into view, but they also distort distances.

The blind spots for large trucks are sometimes referred to as “no zone” areas - and, as another driver, you want to stay out of these areas. Tractor trailers have blind spots in the rear of the truck, the front of the truck, and the side of the truck. If a car is in one of the no zones, the drive usually cannot see it at all. Many tractor trailer accidents are caused by truck drivers changing lanes and collided with a car in a no zone. When you’re driving on the highway, try to minimize your time driving beside tractor trailers; it’s better to pass quickly or stay behind them. Limit your time in the no zones to just a few seconds for passing. Always keep a safe distance between your vehicle and large trucks. Don’t follow too closely, and don’t let a tractor trailer follow you too closely. Be a defensive driver.

Before you pass a tractor trailer, make sure that the truck’s turn signal is not on. Also wait and couple of seconds and make sure that the truck is not slowly drifting into your lane. Don’t assume that the truck driver can see you.

When you pass a tractor trailer on the highway, make sure that you get far ahead of the truck before getting back in the right-hand lane. Cars that quickly cut in front of large trucks often cause truck drivers to instinctively slam on the brakes, which could endanger all surrounding vehicles. This kind of thoughtless behavior causes accidents. If the trailer’s load is not properly secured, for instance, hitting the breaks can cause a shift in weight and topple the entire trailer.

Next time you find yourself cruising down the highway beside a large truck, remember that tractor trailers command deadly force. Stay out of the no zones, and you’ll greatly reduce your changes of being in a tractor trailer accident.

Also be on the lookout for tractor trailers making right turns. The “right turn squeeze” is another common cause of tractor trailer accidents. When large trucks make sharp right turns, they must swing the truck to the left to negotiate the turn. If your car is to the left of the truck, there’s a good chance that the truck will cross over into your lane while make the turn. This can confuse other motorists, and sometimes large trucks wind up squeezing cars out of their lanes and into other vehicles or walls. Watch for turn signals, and try to anticipate the truck driver’s move. Never try to squeeze past a truck when it’s making a turn. Just be patient and stay behind the truck. Otherwise, you’ll end up in a no zone, and that’s a dangerous place to be.

Finally, avoid getting sandwiched between two large trucks - with one in front of you and one behind you. Many times, neither truck driver will be able to see your car. If the truck driver in front of you hits the brakes, or if you hit the brakes . . . well, you can image what happens.

In 86 percent of tractor trailer fatalities, the people killed are not occupants of the truck. In most cases, they’re other motorists. Defensive driving will reduce your changes of being in a tractor trailer wreck, but it won’t always prevent an accident.

If you’ve been injured in a tractor trailer accident, or if you’ve lost a loved one due to a negligent truck driver or trucking company, call MLN Law at (404) 531-9700 to schedule your free consultation. Call now; the longer you wait, the weaker your case becomes.

The Importance of Childproofing Your Home

2009-06-18T07:54:00.002-04:00

The tragic shooting death of a 10-year-old Fayette County boy has a tough lesson to teach us about child safety. While authorities have not released the boy's name or the exact details of the shooting, which appears to be a tragic accident, they did reveal that the boy died from a gunshot inflicted by his 12-year-old brother. With far too many firearms accidents involving children, curiosity gets the better of one or more of them and leads to deadly results.

But child safety is not, of course, limited to our preteens. From the time children become toddlers they are naturally curious about the world around them and begin to explore. Whenever you become jaded or have a bad day, look at the world through a child’s eyes – everything is new, different and exciting. A child does not have the context to know what might happen next, and of course, they are curious about the outcomes of trying new things. Unfortunately, those outcomes can include getting burned by a hot stove or stung by that strange buzzing creature that has been flying around your head.

That’s why it is also vital to put yourself in your child’s shoes when it comes to matters of child safety in the home.

If you have a new baby, it’s important to child proof your home before that child is old enough to explore and find trouble. And believe me, as a father I know that children are capable of antics that I never would have dreamed possible.

To start, get down on all fours, at your child’s level, and explore every room in your house. Yes, it sound silly, but no one but your family will be there to see you and this exercise could mean the difference between a healthy, happy child and an injured one.

And don’t forget that children are crafty. Never dismiss a space or a room simply with “No, she could never get there!” because the space seems too unreachable or you have a baby gate. Accidents happen and sometimes people are careless with the baby gate. Wouldn’t you rather be safe than sorry? It’s a sad fact that 2.5 million per year are killed or injured by products found in their own homes.

Also, no matter how safe your own home is, it’s also important to ensure your child’s other environments are safe. Do you routinely drop him or her off at a babysitter or take him to a daycare? It’s your right as a parent to inquire about child safety measures that have been taken on the premises. Again, it may sound pushy, but do you want to endanger your child’s safety simply to spare a care giver’s feelings?

Speaking up and getting vocal when it comes to child safety concerns does not only keep your child safe, it may advocate the importance of safe practices to others. You’d be appalled if you went to a restaurant and saw a roach crawling across your silverware. Be just as appalled when you take your child to a caregiver and see exposed corners or unprotected stairs.

Stay tuned tomorrow for a list of tips for properly child proofing your home.

Drunk Driver Kills Gwinnett County Mother

2009-06-17T23:08:00.002-04:00

Last week the Atlanta Journal-Constitution reported that a Lawrenceville man showed no emotion as he appeared in court to face charges of driving drunk and killing a young mother.

Constantine Toncz, 39, was granted a $46,000 cash bond by a Gwinnett County Magistrate Court judge.

According to relatives, the victim, 25-year-old Sabrina Stanek, was hit by a speeding vehicle after she walked outside to flag down the driver. She wanted the driver to slow down because she was trying to protect her children from the speeding vehicle in her Lawrenceville neighborhood. While Stanek was standing at the curb in front of her house, the driver lost control of his vehicle while driving around a sharp curve. The vehicle hit Stanek and then hit her boyfriend’s parked truck.

The driver did not stop to try and help Stanek. He abandoned his truck and walked to a family member’s house down the street. Police arrested Toncz at the same house later that night and charged him with vehicular homicide.

Toncz, a construction worker from Romania, had been arrested three other times in Gwinnett County since 1993, and he was out of jail on bond for felony theft when the accident occurred.

Stanek’s father, Mark Stanek, said that his daughter was an “awesome mom.” The grieving father also said, “The father in me says let me shoot him or let me run him over, but the Christian in me says two wrongs don’t make a right.”

Stanek’s parents are filing for custody of her children, ages 4 and 6.

Neighbors are not surprised that Stanek was trying to protect her children by slowing down a speeding driver. They said that speeding cars are a constant problem on Belmont Lane in the Village Gate subdivision.

Neighbor Christy Hill, 31, lives across the street from the Stanek residence and said that she no longer feels safe walking in the neighborhood. There are no speed bumps, and police officers are a rare sight, she said.

Hill also said, “She came out to tell him to stop speeding before he hit and killed someone, and then he hit and killed her. This has got to stop.”

Unfortunately, drunk driving fatalities won’t stop. Thousands of people die in alcohol-related auto accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accounts for over 30 percent of all traffic fatalities, and an alcohol-related crash kills someone every 40 minutes in the United States.

If you’ve lost a loved one because of a drunk driver, or if you’ve been injured by a drunk driver, contact an experienced attorney as soon as possible. At MLN Law, we aggressively pursue claims against drunk drivers as well as the bars, nightclubs, restaurants, and liquor stores that improperly serve them.

The justice system cannot heal the injured or bring a loved one back to life, but it can provide a means of recovery for victims. If you are a victim, you can sue a drunk driver for negligence and also seek punitive damages. Punitive damages exist to punish irresponsible behavior like driving under the influence or hit-and-run behavior such as the alleged behavior exhibited by Toncz.

If you’ve been the victim of a drunk driver, call MLN Law at (404) 531-9700 to schedule your free consultation.

Keep an Eye out for these Recalled Products

2009-06-17T06:00:00.000-04:00

If you watch or read the news often, you may have noticed that two little words seem to crop up again and again as of late – “product recall.” Just this past week alone, two products have been recalled citing warnings that they pose health and safety hazards to purchasers.

Just yesterday, Starbucks Corporation issued a notice recalling some 530,000 coffee grinders. The Chinese-made Starbucks Barista Blade Grinders and Seattle's Best Coffee Blade Grinders apparently sometimes turn on and off unexpectedly. This has caused lacerations and scalds to owners of the products. Click here for a picture of the Barista Blade Grinder and, if you bought one of these grinders between March 2002 and March 2009, be sure to return it to Starbucks for a replacement grinder that does not attack you as you try to clean it.

This past week’s other recall was issued by the Torres Hillsdale Country Cheese LLC. This Michigan-based company recalled several of its soft Mexican-style cheeses after the FDA tested them and found them contaminated. If you live in Illinois, Indiana, Michigan, Georgia, Tennessee, Kentucky, North Carolina, South Carolina, Ohio and Wisconsin, check your refrigerator. If you find a cheese labeled “Aguas Calientes,” return it to the Torres Hillsdale Country Cheese company no matter the expiration date:

• Queso Asadero, 12 oz and 10 lb ball

• Queso Oaxaca, 10 lb ball

• Queso Fresco, 1 lb and 8 oz.

• Queso Requeson, 1 gallon pail and 3 gallon pail

• Morral Adobera, 3 lb packages

Another recall has been on Georgian’s minds in the past few months. What’s the Peanut State to do when there is a peanut recall? Lynchburg, VA-based Peanut Corporation went bankrupt after the FDA found that products made from peanutbutter manufactured in its Blakely, Georgia plant were tainted with salmonella. At least 450 people were poisoned and 5 died at the apex of the tragedy.

And then of course, there is the Taco Bell lettuce recall, and the tomato recall, and the Natural Selections spinach recall. Of particular note to pet owners was the recall of Ol’ Roy dog food products from Wal-Marts around the country. In this largest pet food recall in history, it was discovered that Ol’ Roy products were made with a type of Chinese wheat gluten that had been mixed with chemicals used to make plastics and other industrial products.

The type of law that covers product recalls is product liability law. There are three major types of product liability law – failure to warn (as in the case of the Florida widow who took on big tobacco), design defect and manufacturing defect. The recalls we discussed today fall into the latter two categories. While it is doubtful that Starbucks, Torres Hillsdale County Cheese and Peanut Corp. mean to harm their customers, they allowed a manufacturing or design defect into their products that sometimes led to tragic results.

Have you or someone you love been affected by a faulty product? You may have legal recourse. For a thorough investigation and caring, aggressive representation, call MLN Law at (404) 531-9700 for more information.

Georgia Tractor Trailer Accident Statistics

2009-06-16T11:00:00.003-04:00

Every 16 minutes, somebody is killed or injured in an accident involving an 18-wheeler, tractor-trailer, or semi-truck.

Georgia sees a great deal of tractor trailer traffic and thus many large truck accidents. Following are Georgia tractor trailer accident statistics:

Georgia Fatal Truck Accidents per year: 200+

Georgia Non-Fatal Truck Accidents per year: 5,200+

Georgia Truck Accident Locations: 57% rural, 33% urban

Georgia’s Largest Trucking Companies:

- B-H Transfer Co.
- Colonial Cartage Corporation
- Energy Dispatch, LLC
- Hills Transport, Inc.
- Howard Sheppard, Inc.
- Kennesaw Transportation, Inc.
- Nationwide Southeast, Inc.
- Southern AG Carriers, Inc.
- Southern Freight, Inc.
- Transus Intermodal, LLC

50% of the tractor trailer accidents in Georgia involve out-of-state carrier companies.

In the United States as a whole, there are around 500,000 annual trucking accidents, and approximately 5,000 of them result in fatalities.

68% of fatal accidents occur in rural areas; 66% occur during the daytime; and 78% occur on weekdays.

27% of all tractor trailer drivers in accidents had at least one previous speeding conviction.

From 1992 to 2002, the number of tractor trailers involved in fatal wrecks increased by 10%. Each year, about 700 tractor trailer truck drivers an passengers in the truck cab die, compared to about 4,000 passengers of other vehicles involved in collisions with big rigs.

1 out of 3 trucks fail roadside inspections.

Speeding was a factor in 22% of fatal crashes involving a large truck.

Driver fatigue causes 30% to 40% of truck accidents.

19% of truck drivers admit that they’ve fallen asleep at the wheel in the previous month.

64% of truck drivers admit to falsifying hours in their service logs.

There are 3.5 million truck drivers operating 1.9 million tractor trailers.

There are over 360,000 trucking companies in the U.S.

Tractor trailer drivers must abide by many federal and state regulations. The federal regulations may be found in the Federal Motor Carrier Safety Regulations (49 C.F.R. §§ 350-399), which govern all interstate traffic. The Federal Motor Carrier Safety Regulations are extensive and often confusing.

If you’ve been injured in a tractor trailer wreck, or if you’ve lost a loved one, you must find an experienced attorney who is familiar with the Federal Motor Carrier Safety Regulations. Your attorney should also have the time, interest, and resources necessary to take on your case.
MLN Law provides caring, aggressive representation for victims of large truck accidents. We’ll explore all options to get you the compensation you deserve.

You should hire an attorney immediately so that he can begin to secure evidence. The trucking companies will have “go teams” at the scene of the accident within hours. Often times, evidence can disappear or become lost if your attorney does not act quickly.

To schedule your free consultation, call MLN Law at (404) 531-9700. The longer you wait, the weaker your case becomes. Call now, and let us go to work for you. We’ll stand up to the insurance companies and trucking companies to make sure you get fair compensation.

Should New Drivers Be Required to Sport Identifying Car Magnet?

2009-06-16T06:00:00.002-04:00

You may have seen a story in the Atlanta Journal Constitution over the weekend about a new movement that’s gaining ground. The movement would require that all young drivers sport a sign on their cars that reads: “Caution – Newly Licensed.”

Susie Kessler, of Kennesaw, got the idea for the magnets when her son, Donne, began learning to drive in Atlanta’s hectic traffic. Kessler’s other children had learned to drive on less crowded Ohio roads and Kessler, rightfully, worried about her child’s safety. That was when she and some friends decided to start the Caution and Courtesy Driver Alliance. The campaign, which began in 2007, has distributed about 15,000 magnets, which cost less than $10, so far.

These magnets are a step in the right direction. According to the National Highway Traffic Safety Administration, auto accidents are the leading cause of death for teenagers aged 16-20. That averages out to about 5,000 children per year. That’s almost 14 per day. If that wasn’t bad enough, 300,000 additional teens are injured every year. And Kessler was right to be concerned about her son Donne’s safety on the road. Twice as many teenage boys as teenage girls die in auto accidents.

The magnet, 4 by 8 inches, is highly visible and can be seen here. According to Kessler and a bevy of satisfied parents on her website, the magnets caution other drivers to avoid tailgating or other aggressive behavior that may be just too much for a new driver to handle.

The “Caution – Newly Licensed” magnets also caught the attention of state Senator Chip Rogers (R-Woodstock), who told the AJC he’s considering writing a bill requiring all new teen drivers to brandish the stickers on their cars. The law would possibly cover all first year drivers as well as those with learner’s permits. It sounds like a good idea, but historically teen driving laws have not fared well in the Georgia legislature. Last year a bill to ban teen drivers from using cell phones while driving failed to pass.

Visit the Caution and Courtesy Driver Alliance site to order a magnet for your teen’s car. Be sure to visit the NewlyLicensed.org comments page for feedback from satisfied parents, teens and drivers.

As for the teens themselves, Kessler’s son, at least, thinks that the magnet is doing its job.

“In driver’s education we learned about the ‘space cushion’ that should be between cars,” he told the AJC. “When you have the magnet on, you automatically have that.”

There’s probably no better testament to the efficacy of the magnets than that.

How about you? Are you contemplating buying a “Caution – Newly Licensed” magnet for your teenager? Or do you already have one? Have you seen them around town and “backed off”? We’d love to hear your story in the comments.

Auto Accidents on I-285 Kill Three in Atlanta

2009-06-15T14:34:00.001-04:00

Over the weekend, three people died in alcohol-related auto accidents on Interstate 285 in Atlanta.

On Saturday night at 11:50 pm, a white SUV on I-285 Northbound at I-20 lost control, rear-ended another car, slid down an embankment, and came to a stop lodged between two trees. Captain Eric Jackson of the DeKalb Country Fire Department reported that the driver of the SUV, 30-year-old Nathaniel Jones, died at the scene.

The driver of the other vehicle, whose name was not released, went to a local hospital with non-life-threatening injuries.

About four hours later, two more people died in another wreck on I-285 Southbound at the ramp to I-20 East, reported DeKalb County Police spokesperson Mekka Parish. Police believe that the driver of a gold Acura was speeding when he lost control of the vehicle while trying to exit. The car crashed into a concrete barrier before sliding down the embankment.

Thanomsy Champasouk, 33, and Somkhith Chanthakhinh, 30, died at the scene. The two passengers in the back seat, whose names and conditions were not released, were taken to a local hospital with injuries.

Parish said that alcohol and excessive speed were factors in both accidents.

Innocent victims are killed and injured in alcohol-related accidents every day. If you’ve been injured, or if you’ve suffered the loss of a loved one by a drunk driver, you deserve just compensation.

Drunk drivers, however, don’t always have insurance to cover your medical expenses, pain, suffering, loss of income, and other damages. At MLN Law, we provide caring, aggressive representation to victims of drunk driver accidents. We will hold the guilty party accountable and make sure that you get the compensation you deserve.

Bar owners and liquor stores may also be held accountable for your injuries. Georgia’s Dram Shop Act makes clear that a bar, tavern, restaurant, or other business may be held responsible for injuries caused by a drunk driver if they “knowingly sell, furnish or serve alcoholic beverages to a person who is in a noticeable state of intoxication, knowing that such person will soon be driving a motor vehicle.”

The business or person who served alcohol to the drunk driver may be at fault, and you may be entitled to recover damages from them. It depends on the specific facts in your case.

Drunk commercial vehicle drivers have a different standard. In Georgia, it’s illegal to drive a commercial vehicle with a blood alcohol content over 0.04 (compared to non-commercial drivers at 0.08). In commercial cases, the driver and the trucking company may be held accountable. In fact, in commercial truck accident lawsuits, several companies may be held accountable, as one company may own the tractor, another company may own the trailer, and yet another company may employ the truck driver.

At MLN Law, we will investigate all possible sources of compensation for injuries caused by alcohol-related auto accidents.

If you were injured by a drunk driver, or if you lost a loved one, call MLN Law at (404) 531-9700 to schedule your free consultation. We must act promptly to collect evidence and investigate the accident. Call (404) 531-9700 now.

MARTA Driver Caught Driving While Texting is Part of a Trend

2009-06-15T05:00:00.002-04:00

A recent picture posted on the popular social networking site Twitter showed a MARTA driver using his cell phone to send a text message while the train he was supposed to be attending was in motion.

Concerned about safety on the train, Matthew Jones, a regular MARTA commuter, snapped the photo on his cell phone. According to Johnson, he thought he saw the driver texting as he entered the train and so he decided to sit in a spot on the train where he could view the driver. Jones told the Atlanta Journal Constitution that he had noticed a MARTA operator reading a book a few months earlier and wished that he had said something at the time.

“When I saw him pick up his phone again, I picked up my camera and waited for him to turn away, because he was definitely looking to see who was looking,” Jones told the AJC.

Andrea Coleman, spokesperson for MARTA, said the operator would be placed on administrative leave with pay until an investigation could be carried out, and MARTA later released a statement that “The safety and security of our patrons is MARTA’s first and foremost concern. Texting while operating a MARTA vehicle is against company policy… appropriate disciplinary actions will be taken upon the conclusion of the investigation.”

But with the photo evidence, is an investigation enough? This discovery comes on the heels of two mass transit accidents involving drivers distracted by texting. A Los Angeles Metrolink operator was texting last year and became so distracted that he allowed the train he was operating to run through a stop signal and crash into another train. The accident resulted in 25 deaths, including the driver himself, and injuries to 138 people.

Another incident, in Boston, was blamed on driving while texting. Forty nine people were injured in a trolley accident when one driver, who was sending a text message to his girlfriend, rear-ended a second trolley. As a result, both trolleys were derailed and passengers were tossed about the trolley’s carriages. None of the injuries were considered life threatening.

The MLN Law Blog recently explored driving while texting when it comes to teenagers. But it’s clear that adults are guilty of this behavior, too. Encourage your friends and loved ones to practice safe behavior when driving and refrain from driving while texting.

The “MARTA Operator Driving While Texting” story was just one example of the many news stories that are broken on Twitter every day. If you don’t follow MLN Law on Twitter, check us out at www.twitter.com/mlnlaw.

For more on this story

MARTA to probe texting report MARTA probes photo of train operator texting, Atlanta Journal Constitution

Appropriate Steps to Take for a Traumatic Brain Injury

2009-06-12T12:38:00.002-04:00

A traumatic brain injury is painful in more ways than one. Recovery from traumatic brain injury often entails long hours of rehabilitation therapy as well as financial hardship. Traumatic brain injury may result in partial or complete memory loss, paralysis, or even death. Many people have to relearn basic life skills, such as walking, talking, and eating. The strain on friends and family can be trying, too.

If you’ve suffered a brain injury, you should learn the appropriate steps to take for a traumatic brain injury so that you can make a full recovery. Of course, you should seek medical assistance immediately. Some brain injuries require immediate neurosurgery. If you witness a brain injury, try to keep the victim warm to protect against shock. Do not move the victim, but place a cloth over any wounds that are bleeding badly.

Once the victim has been taken to the hospital, it’s time to consider legal action. That may be the last thing on your mind, but if another party is at fault, then you must act quickly to begin legal proceedings. The longer you wait, the weaker your case becomes. Contact an attorney as soon as possible.

An experienced traumatic brain injury attorney will see to it that the guilty party pays for damages, pain, and suffering. A traumatic brain injury will change your life, but it doesn’t have to be for the worse. Recovery from traumatic injury will be difficult, but it can also be a rewarding and enlightening experience.

Craig J. Phillips, traumatic brain injury survivor, explains how his injury built him up rather than keeping him down: “I am a traumatic brain injury survivor and a master's level rehabilitation counselor. I sustained an open skull fracture with right frontal lobe damage and remained in a coma for 3 weeks at the age of 10 in August of 1967. I underwent brain and skull surgery after waking from the coma. Follow-up cognitive and psyche / social testing revealed that I would not be able to succeed beyond high school.

“In 1967 Neurological Rehabilitation was not available to me, so I had to teach myself how to walk, talk, read, write and speak in complete sentences. I completed high school on time and went on to obtain both my undergraduate and graduate degrees.

“Through out my lifetime I developed strategies to overcome many obstacles and in so doing I have achieved far beyond all reasonable expectations. On February 6, 2007 at the encouragement of a friend I created Second Chance to Live... which presents topics in such a way to encourage, motivate and empower the reader to live life on life's terms. I believe our circumstances are not meant to keep us down, but to build us up.

“As a traumatic brain injury survivor, I speak from my experience, strength and hope. As a professional, I provide information to encourage, motivate and empower both disabled and non-disabled individuals to not give up on their process.”

Craig J. Phillips is living proof that you don’t have to give up hope after a devastating traumatic brain injury. Your life can be more rewarding than ever.

If you have questions about the legal aspects of traumatic brain injury, contact MLN Law at (404) 531-9700 now to schedule your free consultation. Don’t delay; your attorney must move quickly to preserve and collect evidence.

Bicycle Helmet Safety Tips

2009-06-12T05:00:00.001-04:00

We recently wrote about a tough Indiana high school senior who survived a traumatic brain injury and, because of a helmet, was able to walk with her graduating class. Sure, Courtney Brinckman may have substituted a bulky helmet for a cap and tassel, but the helmet did its job and protected her still healing brain.

Two years ago, cyclist Ryan Lipscomb of Madison, Wisconsin was saved by his bicycle helmet when a truck rolled over his head. "I didn't see it coming, but I sure felt it roll over my head. It feels really strange to have a truck run over your head,” said Lipscomb, in what had to be the understatement of his life.

Helmets are vital in war zones. Back in April, Purple Heart Recipient Staff Sgt. Matthew Harvey of the U.S. Army 4th Infantry Division talked about how his Kevlar helmet saved his life. The piece of equipment actually channeled a bullet around his head, saving him from what could have been a life-altering head injury.

Brinckman, Lipscomb and Harvey were all saved by helmets in unusual circumstances, but what about every day helmet use when performing routine activities like cycling?

Bicycle helmets have been shown to prevent 85% of cyclists' head injuries. They are legally required in most states, including Georgia.

According to the Bicycle Helmet Safety Institute (BHSI), there are over 700 cyclist deaths in the United States every year. Almost all of those are the result of a collision with a car or other motorized vehicle. Many more cyclists – men, women, and children – suffer serious injuries.

Here are a few tips about bicycle helmet safety courtesy of the BHSI:

• Have your child professionally fitted for a helmet. A good fit can mean the difference between a wounded head and merely wounded pride.

• Don’t worry about cost. Your child is worth it and discount helmets protect just as well as higher end helmets if correctly fitted. Be sure any helmet you buy has a sticker inside stating that it met the US Consumer Product Safety Commission standards.

• While all children (and adults, too) need to wear helmets, a toddler’s neck may not be strong enough to support the weight of a helmet. Never ride with a child less than one year old and, if in doubt about an older toddler, consult your pediatrician before taking a ride.

• Some children, especially around the 7th grade, resist wearing bicycle helmets because they think it makes them look “geeky” or out of place among less safe friends. Think of the alternative and enforce the rules.

• Always replace the helmet every time a child crashes. Though the damage may not be readily visible, helmets are less protective after a crash and continuing to wear a helmet that has protected your child’s head in an accident once could result in injury later down the road.

• Children suffering from head injuries as the result of a bicycle accident can have permanent personality changes, difficulty concentrating, difficulty learning, aggressiveness, headaches and balance problems.

Georgia Bus Accident Lawyer

2009-06-11T13:48:00.002-04:00

If you’ve been living around Atlanta for a few years, you probably remember the Atlanta bus wreck that killed seven people, including five college baseball players in 2007. As a Georgia bus accident lawyer who follows the news closely, I certainly do.

It was a horrible bus accident. The college baseball team’s charter bus fell off a highway bypass 30 feet above the ground. It was a

More than two dozen passengers were injured. The bus driver, unfamiliar with Atlanta, apparently caused the accident by confusing a left-lane exit ramp with the highway. He drove the bus through a stop sign and into a concrete barrier at full speed.

The force of the impact whipped the massive bus around, and some passengers were thrown onto the overpass at impact. Then the bus tumbled off the overpass and onto Interstate 75 below.

Kitty Higgins of the National Transportation Safety Board said that an inspection of the bus revealed no problems with the brakes, suspension, tires, or steering. She said that the driver probably misread or missed signs that marked the left-lane exit which separates from the high-occupancy vehicle (HOV) lane.

Large busses, like large tractor trailer trucks, are top heavy and can easily lose control and flip. With passengers onboard, they can also weigh nearly as much as some semi trucks.

School buses are not exempt from the danger. School bus accidents in Georgia happen all too often. Last year a school bus in Canton overturned, sending 11 students to the hospital. Luckily, no one was killed. The bus lost control after the driver overcompensated when the tires went off the pavement.

According to the National Highway Traffic Safety Administration, 1,536 people died in school bus accidents between 1996 and 2006.

Here are some more alarming statistics on school bus wrecks:

- Approximately 40 people die in school bus accident each year.

- In 72 percent of fatal school bus accidents, the victims are occupants of other vehicles.

- Approximately 57 percent of school bus wrecks involve another vehicle.

- Each year, nearly 24 million children ride a school bus, and 12,000 of them are injured in school bus accidents.

Still, many school buses do not have safety belts or restraints of any kind. Other motorists are even more likely to be injured in a school bus wreck.

Because buses are so large and heavy, accidents often result in serious injury and death. Bus accidents may be caused by dangerous roads, weather conditions, defective parts, improper maintenance, or driver negligence, among others.

If you’ve been injured in a bus accident as a passenger, another motorist, or a pedestrian, you may be able to file a personal injury claim against the bus company (whether it‘s public or private). Cases against public or government organizations can be very complex and have strict time limits.

If you’ve been injured in a bus accident, contact an experienced Georgia bus accident lawyer as soon as possible. Remember, you have a limited amount of time to file a case. Plus, the longer you wait, the harder it will be for your attorney to collect valuable evidence.

MLN Law has the legal experience and medical expertise you need. Through caring, aggressive representation, we will fight to get you the compensation you deserve. Call (404) 531-9700 now to schedule your free consultation. If you wait, you may jeopardize your case.

Indiana Valedictorian and Star Athlete Fights Back Against Head Injury, Graduates with Class

2009-06-11T06:47:00.001-04:00

I want to follow up yesterday’s sad high school graduation story with a much happier one. A Michigan City, Indiana girl who suffered a terrible head injury in April is out of a coma, back on her feet and enjoying her new found freedom as a high school graduate.

Eighteen-year-old Courtney Brinckman always stood out from the crowd in Michigan City. A 4.0 student and the class valedictorian, she was a four year track star and champion at pole vaulting.

"If there were ever the golden student, Courtney's the one," said Linda Meyer, a guidance counselor at Michigan City High School.

Courtney had been a special all her life, and accorded to friends and family, excelled at everything she tried. She was a gifted gymnast before switching to track and field in high school, and her name is one of many highlighted among Michigan City High School’s track record breakers.

In fact, the day of her tragic accident, Courtney had just finished breaking her own (and the school’s) pole vaulting record when, taking a practice attempt, she slipped, fell backwards, and hit her head. Some reports say that she landed directly on her head, but whatever the case may be, Courtney was rushed to the hospital.

At the hospital, Courtney was kept sedated and in a coma-like state in order to keep her brain from receiving too much stimulation. Her family and school friends worried that she would not get to graduate with her class, and perhaps not even take the full ride scholarship she had received to Indiana University in Bloomington.

"It's May, and she was so close to reaping all the benefits of her hard work that it was just really devastating for all of us," said Meyer.

Perhaps it was to be expected, but Courtney excelled at healing just like this smart and persistent teen excelled at everything else. Last Sunday, wearing a helmet to protect her still healing head injury, Courtney Brinckman graduated with her high school class.

Courtney’s brain had swelled after the accident, and doctors performed a procedure called a decompressive craniectomy that took off a section of her skull to counteract the swelling. At the graduation ceremony, part of Courtney’s brain was only protected by skin, hence the helmet. She also can’t smell or taste anything yet, but in an article on the WNDU television station’s website, Brinckman demonstrated some of the optimism that undeniably helped her through her ordeal:

"I'm thinking I've only been awake for three weeks now and I've made this much progress, I’m thinking in a couple of months I'll be just fine, back to my normal self.”

Courtney will undergo another surgery on June 24th in order to reattach part of her skull, and after that, the teen plans to take her University of Indiana scholarship and study pre-med, a fitting major, for someone who has benefitted so much from the miracles of medicine.

For more on this story

Michigan City high school student overcomes odds, walks in graduation, WNDU.com