On January 20, a breaking news alert was issued on a local morning television program, advising viewers that two people and a child were injured in a school bus crash in Coweta County. The bus crash is believed to have been caused by bus driver error. According to the Georgia State Patrol, the bus failed to yield right of way and crashed into an automobile.
School buses transport area children to schools each morning and return them home every afternoon. Like other vehicles on Atlanta’s roadways, school buses are part of the driving landscape. While the obligation to stop when a school bus is loading and unloading children is widely known, there is no corresponding bright line guide to avoid a crash with a school bus.
Georgia’s Motor Vehicle Laws
Georgia’s motor vehicle accident laws are found at Title 40 of the Georgia Code and apply to bus accident cases, as well. Among the important provisions are:
- Time limits for filing is two years from the date of the accident.
- Georgia is a “fault” state when it comes to auto insurance claims.
- Recovery is reduced by the percentage of your own liability.
Georgia is a Modified Comparative Negligence State
Once liability for a motor vehicle accident is established, damages are apportioned in relation to the share of fault the person had in causing or avoiding the motor vehicle collision. This means that the recovery amount is reduced by the percentage of fault the injured person had, if any.
Bus Accident Injuries Can Drastically Change Lives
The National Highway Safety Administration (NHTSA) reports that every year 450,000 public school buses transport 23.5 million students to and from school. Annually six children die following school bus crashes.
Injuries following a bus accident are generally more serious than other types of accidents because buses do not contain safety constraints like automobiles or trucks. Cuts, bruises, broken bones, and lacerations are just some of the possible injuries. Neck and spinal cord injuries are possible if the child is thrown inside the bus or out the window.
Safety Restraints are Not Required in Atlanta School Buses
School buses in Georgia are exempt from child safety restraints, like car seats or lap and seat belts. The National Highway Traffic Safety Administration (NHTSA) however, recommends that students on school buses wear seat belts.
- Georgia Department of Public Health
- School Bus (Large and Small) Fact Sheet
- Talk to Your Child About School Bus Safety
Has Your Child Been Injured in a School Bus Crash? Contact Atlanta’s Vehicle Accident Lawyers
Atlanta Law Firm Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact the Atlanta Law Firm Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.
A pre-Christmas elevator accident turned deadly in New York. According to reports, a construction worker died after plunging three stories down an elevator shaft. The victim was climbing a ladder when he fell from the third floor to the basement. He later died at the hospital.
Previous Safety Concerns
In a perfect world, accidents like this would never happen. Machines would always work perfectly and construction sites would be safe for both workers and pedestrians. Sadly, incidents like this are all too common. According to the Department of Buildings, this work site alone had been investigated 22 times since May 2014 due to complaints about safety. Safety is often ignored, especially on sites with chronic construction. Common construction complaints include improper equipment, unclean or cluttered sites, and unsafe practices by the workers or supervisors. This Bronx construction site is now closed until the incident can be properly investigated and the site can be evaluated for potential safety concerns.
A study by the Construction Industry Institute worked to determine workers’ ability to identify and properly deal with workplace hazards. Workers were only able to identify hazards on the job site without any aid 27%. There is hope, however. When workers were provided with formal protocols and training, the ability to identify hazards jumped to nearly 80%.
This inability to recognize risks is common in many dangerous professions. It stems from a lack of knowledge, inattention to detail, and being in a hurry. Workers are often tempted to take shortcuts to save time. When on site, these shortcuts can be not only dangerous, but deadly. The worker in this incident was wearing a helmet, but unhooked his harness to climb the ladder in the elevator shaft. This one time-saving practice may have caused him his life.
Construction Site Liability
As with any workplace accident, workers injured at construction sites are entitled to workers’ compensation benefits. These benefits may not be enough to cover loss of income or medical costs. A third-party liability claim can then be filed against a party other than the injured worker’s employer whose negligence caused the workplace accident.
Third-party claims can provide additional compensation. At construction sites, third-party claims often involve general or sub-contractors, site managers, safety contractors, or even the manufacturer of job-site equipment. Injured parties can seek compensation for unsafe practices such as a lack of fall protection, keeping a site open despite dangerous conditions, and failing to warn workers of a dangerous situation.
Seeking Compensation For Your Elevator Injuries
When elevators work properly they are perfectly safe, but when owners and managers fail to make open elevator shafts or elevators that are under construction safe everyone is at risk. If you have been involved in an elevator accident, it is important to have representation that is familiar and experienced with common issues that arise during personal injury litigation related to elevator accidents. Learn what your rights and recovery options are moving forward in your quest for compensation. We here at Cash Krugler & Fredericks in Atlanta, GA can help. Contact our experienced attorneys today for a free initial consultation.
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As we have discussed previously on this blog, traumatic brain injuries, or TBIs, can greatly impact the quality of a person’s life. This is even more apparent when the person suffering from a TBI is a child. The most common ages for children to incur such injuries are prior to age 4 or between ages 15 and 19, and while people at such young ages have a remarkable capacity to bounce back from even the worst injuries, TBIs can result in permanent, life-altering injuries that can affect every aspect of a child’s or teen’s life.
Causes of TBIs
While most TBIs occur as a result of auto accidents, any sudden impact can cause injury, including sports injuries, falls, and abuse. Nearly 62,000 traumatic brain injuries require hospitalization each year. Another 564,000 children are treated and released from emergency rooms and approximately 13,000 children suffer severe or fatal TBIs each year.
Signs of TBIs
The signs of TBIs can be subtle, especially in young children. Parents or caregivers who are aware of a possible injury should keep a close eye on the child and always err on the side of caution. Seek the advice and expertise of a medical professional if you believe your child has been injured. Common signs of TBIs include:
- Physical impairments: Slurred speech, blurry vision, muffled hearing, headaches, spastic muscles, fatigue, and balance issues
- Cognitive impairments: Short term memory deficits, impaired concentration, limited attention span, impairment of perception, and slowness of thinking
- Emotional impairments: Mood swings, denial, anxiety, depression, restlessness, and difficulty controlling emotions.
Severity of Injuries Early in Children
Traumatic brain injuries in children can be much more serious than in adults for a number of reasons. Sadly, one reason is because oftentimes TBIs in children are not immediately recognized. Any parent can tell you that recognizing mood swings in a toddler or anxiety in a teenager is a tall order. This is why is it important to seek the advice of a medical professional if injury is even suspected.
Since children’s brains are still developing, medical authorities believe that kids who incur TBIs may suffer more than previously suspected. The full extent of the injuries may never be known or may present much later in life. Children who suffer injuries affecting cognitive skills or emotional processing may not truly learn the impact of their injuries until they reach adulthood.
If you have a child who has suffered injuries due to the negligence of another, it is possible to seek financial compensation. This compensation could help provide for not only immediate and past medical costs, but also provide for the future medical care of your child. The cost of ongoing medical care can be potentially astronomical for a family to cover on their own.
Atlanta Based Attorneys Working For You
Damages from traumatic brain injuries can be hard to show and injuries often do not manifest themselves until far into the future. If you have experienced a traumatic brain injury from an accident or someone else’s negligence, you should consult with the attorneys at Cash, Krugler & Fredericks in Atlanta, GA. Our personal injury attorneys have years of experience in handling personal injury claims involving traumatic brain injuries. Do not risk a possible recovery by waiting. Contact our firm today online or via phone to schedule your initial consultation. We are always here to help.
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