Obesity is a big risk factor for obstructive sleep apnea, which is a huge risk for drowsy drivers causing crashes. And long days of sedentary, solitary work, legally driving up to 11 hours in a 14 hour work day, with no easy access to either healthy food or a place to safely exercise, promotes obesity.…
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Here is a remarkable video of a tractor trailer tipping over on a straight, level road. My hunch is that it was caused by a load shift due to improper loading. It is usually the truck driver who is most likely to be injured in such incidents. Since truck drivers are required the Federal Motor…
Continue reading ›A West Georgia Ambulance driver crossed the center line and crashed head on into a truck in Carrollton on Monday. Reportedly the ambulance was not on an emergency call. Both drivers were injured. The ambulance driver was transported by helicopter to Atlanta Medical Center. Here’s the most pertinent portion of Georgia law on operation of…
Continue reading ›For years folks who represent individuals vis-a-vis corporations have bewailed the evils of mandatory binding arbitration procedures being required by consumer and employment contracts. Buried in the fine print of an employee handbook, health insurance plan, credit card billing insert, or franchise agreement, binding mandatory arbitration clauses eliminate a consumer’s access to the courts, and…
Continue reading ›It was in March 2007 that a tour bus carrying the Bluffton University baseball team crashed in Atlanta. Without seatbelts required in Europe and Austrailia, but not in the US, there were unnecessary deaths. Working on that case was an education. Now the National Transportation Safety Board has issued a report hammering the National Highway…
Continue reading ›There is widespread sentiment that the ratings game — whether it’s college rankings in US News or our “Super Lawyer” rankings — is a lot of hocum. However, folks look at that stuff, so the game goes on. I just got word that my law school alma mater, Emory, has moved up in the U.S.…
Continue reading ›This morning a MARTA bus rolled over on the ramp from I-285 to I-20 eastbound. It is a tight curving ramp with signs warning everyone to slow down and pictogram signs warning large vehicles the risk of rollover. Frankly, a truck or bus simply won’t roll over if the driver is adequately screened and trained.…
Continue reading ›Today’s issue of LawyersUSA includes an article by Corey Stephenson quotes me on defense medical exams (which are otherwise jokingly referred to as “independent” medical exams). Here are a few excepts from the longer article. One point I made in the interview is that most defense medical exam doctors refuse to do the exam if…
Continue reading ›The hard questions are not between good and bad, but between good and good, and between bad and bad. That maxim is illustrated in a New York Times article by Josh Voorhees about Charles Hurley, the nominee to become administrator of the National Highway Traffic Safety Administration. The conflict is between CAFE standards on fuel…
Continue reading ›Contingent fees, in which the attorney earns a fee based on a percentage of whatever is recovered for the client, are typical in personal injury cases both in Georgia and throughout the United States. We often explain the advantages in terms of making representation attainable for average people and giving the lawyer an incentive to…
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