In December 2011, a 14-year-old girl died after drinking two 24-ounce energy drinks in a 24 hour period. Anais Fournier suffered a heart attack caused by caffeine toxicity, according to her doctors. Her parents have now brought a wrongful death lawsuit against Monster Energy.

Earlier this year, in response to Ms. Fournier’s death, Sen. Dick Durbin, a democrat from Illinois, asked the FDA to investigate Monster Energy drinks. He also asked the FDA to regulate the caffeine levels in energy drinks that are considered supplements. The senator also requested an investigation into other energy drink companies such as Red Bull, Rock Star, Full Throttle and AMP.

In a letter to FDA Commissioner Margaret Hamburg, Sen. Durbin cited a report released last year by the Substance Abuse and Mental Health Services Administration. The report said that the number of emergency room visits due to energy drink consumption rose ten-fold between 2005 and 2009, growing from 1,128 visits in 2005 to 13,114 in 2009. According to the report, energy drinks can contain caffeine levels ranging from 160 to 500 milligrams per serving.

The danger in these drinks is the high amount of caffeine in the beverage, as well as the other ingredients such as guarana, taurine, and ginseng, and the unknown effects of the interactions of these substances with high levels of caffeine.

It is clear that if energy drink companies such as Monster Energy are producing a dangerous product that causes heart attacks in otherwise healthy people, FDA intervention is necessary. We need more studies about the high levels of caffeine in these drinks, and the effects of the interaction of caffeine and the other substances included in the beverages.

I’m curious to see the results of this wrongful death suit. It will be interesting to see if any more deaths become attributed to energy drinks, and whether or not this lawsuit and others like it will inspire changes in public policy regarding the regulation of energy drinks and supplements.

The Long Term Effects of Food Poisoning
Source: FoodSafety.gov

The number of Americans that will experience some type of food poisoning this year is staggering. Statistically, one in six people in the United States, or 48 million individuals, will be exposed to food poisoning in some way. The truth is that most people will make a full recovery without any lasting effects from the illness. However, not everyone is so lucky. For many, food poisoning can be devastating and sometimes even deadly. The following are some serious effects associated with several common types of food poisoning. 

• Kidney Failure: HUS, or Hemolytic-uremic syndrome is a life-threatening illness that commonly occurs when an infection in the digestive system produces toxic substances that destroy red blood cells. Unfortunately, this type of sickness is most often found in children and has been known to affect those who have been infected with some types of E. coli bacteria. This is the most common cause of acute kidney failure among children.

• Chronic Arthritis: A relatively small number of individuals who have been infected with Shigella or Salmonella may develop pain in their joints, irritation of the eyes, and painful urination. These types of symptoms developed from food poisoning often result in what is called reactive arthritis. Symptoms can last for months or even years, and can lead to chronic arthritis, which can be very difficult to treat. Even people with Campylobacter, one of the most common forms of food poisoning in the US, may also develop chronic arthritis.

• Brain and Nerve Damage: Most brain and nerve damage resulting from food poisoning can be attributed to the bacteria known as Listeria. An infection caused by Listeria can lead to meningitis, which is an inflammation of of the membranes surrounding the brain. If a newborn infant were to contract this bacteria, long-term consequences may include mental retardation, seizures, paralysis, blindness, or deafness.
  
  Another common illness resulting from food poisoning is called Guillain-Barre syndrome. This disorder occurs when an individual’s immune system attacks the body’s own nerves. An illness such as this can cause paralysis that lasts several weeks and usually requires intensive care. What’s really disconcerting is that as many as 40 percent of those affected by Guillain-Barre syndrome can directly trace the illness being triggered by the infection Campylobacter.

• Death: Approximately 3,000 people die in the U.S. each year of food poisoning-related illnesses. Of those deaths, 88 percent can be traced to five types of organisms for which is the cause is known: Salmonella, Toxoplasma, Listeria, norovirus, and Campylobacter.
  
  There are other food poisoning-related conditions that may cause death as well. For example, some Vibrio infections (normally associated with consuming raw shellfish) can infect the bloodstream and cause severe, life-threatening illness. This type of infection is so serious that nearly half of the people that contract it die, and death can occur within two days.

The alert includes ALL XL Foods, Inc. beef and beef products produced on August 24, 27, 28, 29, and September 5. Authorities are cautioning that all beef products from XL Foods, Inc. produced on those dates should be destroyed or returned to the store where they were purchased as they are not safe to eat.

The beef products include steak, roast, ground beef, and mechanically tenderized steaks and roasts. The FSIS issued the alert after the Canadian Food Inspection Agency discovered that the beef slaughtered from cattle on these dates produced higher than usual positive E. coli O157:H7 findings. The CFIA initiated a recall in Canada, and the FSIS is working in the United States to alert consumers to the dangerous contaminated meat.

Beef from XL Foods, Inc. was sold in Kroger and Wal-Mart stores throughout Georgia as well as the rest of the United States. The meat was sold at 18 Wal-Mart stores in Georgia cities including Savannah. Originally, it was reported that 890,000 pounds of boneless beef trim was received in the U.S. from XL Foods. Now, it is estimated that it was actually 1.1 million pounds of boneless beef trim, and 1.4 million pounds of sub-primal cuts used to make tenderized steaks and roasts.

E. coli, short for Escherichia coli, is a dangerous food borne illness. It can cause severe stomach cramps, bloody diarrhea, and vomiting. While most people get better within five to seven days after first experiencing symptoms, some cases of E. coli contamination can lead to serious illness including kidney failure. The very young, the elderly, and people with compromised immune systems are most susceptible to serious illness from E. coli infection.

To prevent illness when preparing raw meat, all ground beef must be cooked to an internal temperature of 160 degrees Fahrenheit. Preparers should wash their hands with hot water and soap before and after handling raw meat. Cutting boards and utensils should be immediately washed as well. Raw meat should be kept separate from other foods, especially food that isn’t going to be cooked. Raw meat should be refrigerated within two hours of purchase, and cooked meat should be refrigerated within two hours of cooking.

If you have purchased beef products imported from Canadian XL Foods, Inc. that were produced on any of the dates mentioned above, you may have purchased a contaminated product that is not safe for consumption. For more information, check the retail list of stores where the product was sold:

http://www.fsis.usda.gov/PDF/PHA092012_Retail_List.pdf

Read more information about the health alert on the FSIS website here:

http://www.fsis.usda.gov/News_&_Events/NR_092812_01/index.asp

If you or family member has been sickened by a foodborne illness, call Ty Wilson at 1-888-689-5224 for a review your claim. Also, check out Ty's article Food Poisoning Cases - Is Class Action Right for You?

Source: USAA

There are many variables that determine the cost of your insurance policy, for example the type of car you drive, where you live, and how much coverage you may or may not need. Costs can be considerable and unfortunately with the economic hardships that many Americans are experiencing, auto insurance can be difficult if not impossible to afford. However the Insurance Information Institute has provided some helpful money saving tips that should ease some of the financial woes being faced in the country.

Do Your Homework Before You Buy a Car

Car insurance premiums are greatly affected by a vehicle’s make and model, how much the car costs to repair, the vehicle’s safety record, and how likely it is that a vehicle will be stolen. Taking some extra time before buying to determine the vehicles with the best likely premiums, can help to save you big bucks.

Additionally, most auto insurer’s will generally offer discounts for features that reduce the risk of personal injury or theft. For example, discounts for installed air bags, anti-lock braking systems, anti-theft devices, and daytime running lights. It’s very important when comparing new and used vehicles to see if these features are included so that you can ensure you receive the best insurance policy rate as possible.

Choose Higher Deductibles: A deductible is the amount of money that you have to pay before your insurance policy covers the rest. By assuming a higher deductible, you may be able to significantly lower coverage costs. For example, increasing your deductible from $200 to $500 could reduce your collision and comprehensive coverage cost by 15% to 30%. You could save even more money should you choose an even higher deductible. However, by selecting a higher deductible your out-of-pocket costs increase significantly should you be involved in a serious accident. In short, you would have to pay that higher deductible amount out of pocket before your insurance policy kicks in. Make sure you choose the right deductible for your specific economic situation.

Lower Your Coverage on Older Cars: Keeping comprehensive and collision coverage on low-value vehicles may not make sense because the insurance costs could exceed any amount you could expect to receive back from a claim. Check your state’s auto liability requirements before dropping any coverage since auto liability requirements vary from state to state. USAA provides a free used vehicle calculator that can help determine the value of your current automobile and how much coverage you should be purchasing for it.

Take Advantage of Other Discounts: Many insurers provide discounts to customers who purchase more than one policy. You might also qualify for further discounts if you remain accident-free and have recently taken defensive driving courses. 

As you can see, there are many factors to consider when figuring out what type and how much insurance to purchase. The above tips are a really great way to get started on making your decisions, but there are many more factors to consider when purchasing the right insurance for your specific needs. If you would like further information, we encourage you to order our FREE book, the Consumer’s Awareness Guide to Buying Car Insurance in Georgia which covers what you need to know about making an informed decision when purchasing auto insurance. It even covers secrets that insurance adjusters don’t want you to know! The most important thing about car insurance is making sure that you’re covered in case of car accident emergencies. Be sure you have all the right information, because you cannot afford to be ill prepared.

Ty Wilson is a Savannah accident attorney. Visit TyWilsonLaw.com for many helpful articles, videos and to order his FREE books before you talk to the insurance adjuster, sign any forms, or even hire a lawyer. If you have questions today, give him a call at 1-888-689-5224.

Be informed. Be aware. Be prepared.

Georgia’s Pedestrian Fatality Rate Increases

Georgia’s roads are dangerous for pedestrians, according to information released recently from the National Highway Traffic Safety Administration. Not only is the fatality rate of pedestrians involved in motor vehicle collisions higher in Georgia than the national average, but the number of fatalities is also rising while the national average is falling.

According to the NHTSA, Georgia’s pedestrian death rate is 24% higher than the national average. Since 2001, the national rate of pedestrian deaths caused by a vehicle has decreased. However, the numbers of pedestrians killed in Georgia has actually increased. In 2001, the 146 pedestrian deaths were 9% of the state’s 1,615 traffic related fatalities that year. In 2010, the 168 pedestrian deaths were 13.5% of the 1,244 fatalities. Across the country, however, the rate of fatal pedestrian accidents has decreased 19% since 2001.

After the statistics were released, U.S. Transportation Secretary Ray LaHood commented on the responsibilities both drivers and pedestrians had to ensuring safety to those walking on our roadways. “Roadway safety is a two-way street that requires effort on the part of motorists and pedestrians alike,” he said.

These statistics released by the NHTSA reveal a huge problem in Georgia. It is evident that we need to take steps to increase pedestrian safety in our state. It is important for pedestrians to keep in mind the possible dangers when walking along our streets. Walking is the most dangerous at night time, as cars are less likely to see pedestrians. It is also important for pedestrians to remember to cross at protected intersections and crosswalks. Sometimes it may seem more convenient to just cross in the middle of the street, but a little time saved is not worth putting your life at risk.

Drivers have a responsibility to look out for pedestrians, as well. Georgia state law dictates that drivers must stop completely if someone is walking through a crosswalk anywhere on the driver’s side of the road. If a pedestrian is walking through a crosswalk and approaching the driver’s side of the road, as long as the pedestrian is within one lane of the driver’s side of the road, the driver must stop completely.

Source: DMV.org

Everyone knows that laws are in place to help save lives, but few actually understand the importance of these laws until it’s too late. The only true way to avoid accidents and injuries is to first, prevent them. Since there is danger involved in nearly every activity that we perform day in and day out, it can be hard to keep up with all of the regulations put in place to keep us safe from harm. Unfortunately, there are those that think that these regulations do not apply to them, so it’s especially important that you know what to look out for and hopefully what to expect in a potentially dangerous situation. The following are just a few of the laws and recommendation to keep in mind.

Helmet/Safety Laws

Motorcycles: Wearing a helmet is the only mandatory safety gear law. While there are no legal requirements for other protective gear such as knee, elbow, and shin protectors, it is a good idea to wear these items to prevent further injury in the event of a crash.

Bicycles:

• All riders under the age of 16 MUST wear a helmet.
• When transporting children ages four and under, you must securely seat them in a child passenger seat, a bicycle trailer, or an infant sling.
• When riding at night, your bike must be equipped with a white light that’s visible from 300 feet away.
• You cannot carry any package or bundle of items that prevents you from having at least one hand on the handlebars.

Cell Phones and Texting

• All drivers younger than 18 are banned from cell phone use period. This is probably one of the biggest abuses of the law in motor vehicles in the present day. Most teens do not fully grasp the magnitude of the consequence of distracted driving, and the hope is to change the attitude of young drivers today.
• School bus drivers cannot use a cell phone while loading and unloading passengers, nor while the bus is in motion.
• All drivers, regardless of age, are banned from texting while behind the wheel. 

Headlight Laws

• Headlights must remain on from a half hour after sunset to a half hour before sunrise.
• Headlights must also be on when it is raining and when visibility is reduced to under 500 feet. 

Report Drunk/Unsafe Drivers

• If you notice a driver behaving erratically behind the wheel, dial 911 immediately. When you are connected with the operator, be ready to provide a vehicle description, license plate number, and the direction the car is going as well as any landmarks or mile markers nearby.

Unattended Children and Pets

• Children: Currently, Georgia lawmakers are proposing a bill that would make it illegal to leave any child six years old or younger unattended in a vehicle. If you see an unattended child in a vehicle and suspect that they’re in trouble, dial 911 and remain at the car until authorities arrive.
• Pets: There are no existing laws in the state of Georgia that prohibit leaving a pet unattended inside a vehicle. However if you suspect that a pet may be in danger, follow the same procedure that you would with an unattended child. Dial 911, and remain at the vehicle until authorities arrive. 

Child Car Seat Laws

• Children under the age of eight must ride in approved safety seats or boosters that are suited for both their height and weight.
• Children between the ages of eight and 16 must wear a seat belt.
• Any child over 4’9” may use a seat belt in lieu of a booster seat. 

It is important to check with your own state laws since laws vary from state to state. Some of the biggest challenges drivers face today is the use of mobile devices in vehicles. Not only is it against the law to text and drive, it is a steadily increasing cause of teen deaths in the U.S. Laws are in place for a reason, and they do not exist to frustrate you or complicate your daily schedule. The consequences of not following regulations are very real and can lead to serious injury or death. Be sure to share this information with those you care about. The more people we reach the more lives we can help save!

Be informed. Be aware. Be prepared.

Negligent Hiring and Retention and Personal Injury Claims

Employers have a responsibility when hiring new employees. They must ensure they are not hiring anyone who could cause harm to customers or other employees. If an employee has a history of violence or other problems, and then commits an act of violence against a customer or co-employee, an employer can be held negligent for hiring someone who was a known risk. This is known as negligent hiring.

Additionally, employers can be held liable for not firing an employee who is a known risk. For example, if an employee continually exhibits dangerous behavior and is not fired, retrained or reassigned within the company, an employer can be held responsible when such dangerous behavior inevitably ends with another person's injury. This is called negligent retention.

What can employers do to ensure they don't hire new employees with a dangerous history? 

One of the best ways to make sure new employees will not be a danger is to run a background check. This will reveal the potential employee's violent or criminal past. If an employer doesn't run a background check and hires an employee with a history of violence, if that employee commits violence against another employee or a customer, the employer may be held responsible.

Drug testing is another way an employer can be sure to keep a work environment as safe as possible. Potential employees should be drug tested prior to hiring. If an employer fails to perform an initial or regular drug test, and someone is hurt because an employee makes a mistake under the influence of drugs or alcohol, the employer is liable for damages. Employee drug use is especially dangerous in situations involving heavy machinery or where driving vehicles is required.

How can I prove my employer committed negligent retention?

If your employer routinely ignored an employee's dangerous behavior, and that behavior was the cause of injury to another person, your employer should be responsible for damages that arise as a result of that employee's dangerous behavior. Negligent behavior can encompass anything from an employee refusal to do his or her job correctly, engaging in frequent horseplay, or simply the physical inability to perform difficult tasks.

If an employee is unwilling or unable to perform his or her duties safely and correctly, that can be a very dangerous situation for other employees. If you see that a co-employee is not safely performing his or her job duties, this should be brought to the attention of a supervisor or manager. If you don't think your employer is taking your safety concerns seriously, make a detailed incident record and go above your supervisor's head if you must.

An employer can take steps to re-train or re-assign an employee who is not properly completing his or her job tasks. But if an employer refuses to take steps to correct potentially dangerous behavior, the employer could be held liable.

If someone is injured by a co-worker, it is potentially a workers’ compensation claim and not a personal injury claim.  For more information on what is the difference between a personal injury and a workers’ compensation claim, watch my video on the topic.

How does negligent hiring or negligent retention affect my injury claim?

An employer's negligent practices can affect all kind of personal injury claims. For example, maybe you were hit by a tractor trailer, and the trucker was under the influence of drugs. If the employer failed to run proper drug screens, or ignored positive test results, that is an instance of employer negligence.

Or, perhaps you slipped and fell in a grocery store due to an employee failing to put out a wet floor sign during mopping. If that employee had been consistently known to fail to put out a wet floor sign and was never properly retrained by his employer, that is an example of negligent retention.

Maybe you purchased some kind of large appliance that required delivery workers to come into your home, and were subsequently assaulted as the result of trusting a representative of that company to come inside. If the employer failed to perform a background check that would have revealed a history of violence and assault, that is an example of negligent hiring.

In these instances, an employer could be held liable for the damages caused by his or her employee.

Ty Wilson is a personal injury attorney in Savannah who provides FREE information at TyWilsonLaw.com. Visit to order Ty's FREE BOOKS, read his articles and to watch his videos.

If you have specific questions for a Georgia injury attorney or a Georgia workers compensation attorney, give Ty a call 1-888-689-5224. 

Source: MedPage Today

Researchers have found that private sector workers who have paid sick leave as part of their benefits packages are far less likely to suffer work-related injuries. In fact, workers were 28% less likely to report a work injury that required medical care according to the study and Abay Asfaw, PhD along and colleagues at the CDC’s National Institute for Occupational Safety and Health. In jobs with a high baseline risk for injuries, like construction or manufacturing, workers seemed to have an advantage if they had access to paid sick leave, reported Dr. Asfaw in the American Journal of Public Health.

Public agencies and private sector establishments are required by the Family and Medical Leave Act of 1993 to provide up to 12 weeks of leave to eligible workers. However this time off can be paid or unpaid and it is up to the employer’s discretion as to which they care to provide. According to Dr. Asfaw, the problem that many employers face, should they choose to only offer unpaid leave, is that “many workers may feel pressured to work while they are sick, out of fear of losing their income.” If workers do not take the time off to recover from their illness, they risk succumbing to injury far more easily which could lead to the worker missing extended work periods and the employer having to provide workers’ compensation benefits. Occurrences like these are not in the favor of either the employer or employee. Asfaw also added that “If fewer people work while they are sick, this could lead to safer operations and fewer injuries in the workplace.”

The most recent study is based on data collected by the National Health and Interview Surveys from 2005 to 2008 in which participants were asked if they had paid sick leave and if they had suffered a workplace injury that required medical care in the three months prior to the interview. Since most public sector workers already have paid sick leave, only those who are considered private sector workers -- some 38,000 -- were considered in the analysis. On average, Asfaw and colleagues stated that 0.8% of workers reported a work related injury that required medical attention, resulting in an incidence rate of 3.24 per 100 full-time equivalent workers. However the nonfatal injury incidence rates differed for those with access to paid sick leave -- 2.59 per 100 full-time equivalent workers with paid sick leave compared with 4.18 per 100 full-time equivalent workers for those without.

Over the 4-year study period, access to paid sick leave was stable at about 57%, with variations among industry sectors. For example, less than 30% of agricultural or construction workers had paid sick leave, compared with more than 65% of those in mining and healthcare, added Asfaw and colleagues. The relationship between paid leave and risk of injury also varied across sectors, with a greater impact in sectors that had a high underlying rate of injuries. For instance, a construction worker without paid sick leave was 21% more likely to be injured on the job than a construction worker with sick leave, while the differences were far smaller in such disciplines as services and mining.

Though the numbers aren’t staggering, there appears to be a definite correlation between workers with paid sick leave having fewer work injuries. However whether your employer offers paid or unpaid sick leave, you should absolutely take advantage of it if necessary. If you do not have paid sick leave it may be tempting to try and work through an illness instead of using your sick days, but you risk even further injury which could possibly keep you out of work for an even longer period of time. Approved time off of work is in place for your own good, so if you do need it, make sure to use it.

Ty Wilson is a Georgia workers compensation attorney who provides free information at TyWilsonLaw.com. Visit to order Ty's FREE Georgia Workers' Compensation "Special Reports," read his many articles, and to watch his informative videos!

If you have questions todayt for a workers compensation attorney in Georgia, give Ty a call at 1-888-689-5224.

Be informed. Be aware. Be prepared.

Safe Driving for Seniors 

As we age, certain things we were once able to do with ease become more difficult. Driving safely can start to become a challenge for drivers who are getting older, due in part to illnesses or medical conditions that may impair quick reflexes or the ability to clearly see and hear other cars on the road. Our population is aging quickly, and statistics show that the number of drivers over the age of 70 will triple over the next twenty years. As the driving population ages, it is important that we keep the issue of safe senior driving in mind.

Many of us have senior family members or loved ones who are not as comfortable behind the wheel as they were when they were younger. Maybe, we, ourselves, are noticing that as we age, tasks such as driving at night and in stressful traffic conditions are harder to manage than they once were. It turns out that drivers over the age of 65 are more at risk to be involved in a car accident, and the risk only increases as the driver gets older. According to the National Highway Traffic Safety Administration, 5% of people hurt in all car accidents are senior citizens, and seniors make up 13% of all traffic fatalities.

So what can we do to help prevent traffic collisions involving senior citizens? For one thing, we need to look out for those around us. As our family members age and become less able to drive safely on the roads, it it up to us to have a talk with them about it. Sometimes, senior drivers can increase their ability to drive safely by going to a doctor to get a medical condition under control or alter a medication, avoiding driving at night, or only making short trips close to home. However, sometimes it is just time for a person to stop driving. When an elderly driver becomes a danger to themselves and other people on the road, it may be time for them to stop getting behind the wheel.

States can take measures to ensure safety for seniors as well. If a driver is suspected of an age-related decline in driving ability, tests should be available to ensure that they are safe to be on the road. A doctor or another healthcare professional can administer these tests that either allow a driver to renew their license, determine if further testing is needed, or even decide that one is indeed unable to drive safely at all. Insurance companies could work with the state to monitor at-risk drivers, and if a senior driver starts becoming involved in a high number of collisions, that driver may need to undergo further testing to ensure it is safe for them to be on the road.

Many drivers do not look forward to giving up the sense of independence that comes with having a  license. However, for the safety of elderly drivers themselves, as well as other drivers and pedestrians, sometimes giving up driving is inevitable. We can help our family members by talking to them respectfully and honestly about these issues, and helping them maintain their independence by making sure they still have reliable transportation to take them where they need to go.

Ty Wilson is a Savannah auto accident attorney who provides FREE books and information at TyWilsonLaw.com. Visit to order Ty's free books and to read his blog, articles, and to watch his videos BEFORE speaking to the insurance adjuster, signing any forms, or even before hiring an attorney.

If you have questions for an injury lawyer in the Savannah area, give Ty a call at 1-888-689-5224.

Many Teens Don't Realize Risk of Drowsy Driving 

A recent study that surveyed young drivers revealed that while many teens think drunk driving is wrong, a large number reported that tired driving is OK. In actuality, drivers who are tired display many of the same driving errors that drunk drivers do.

The study was performed by the National Safety Council, a non-profit education and research group. Janet Froetscher, president and CEO of the National Safety Council, said that while most drivers recognized the dangers of drinking and driving, “young people especially don't understand the very serious risks associated with drowsy and distracted driving.”

In fact, drivers under the age of 30 are the most sleep deprived of any age group when it comes to taking long drives on the highway, according to the survey. Drunk driving accidents occur predominantly among young drivers as well, but at least more teens recognize the danger of getting behind the wheel after drinking.

Distracted driving is a big danger for young drivers. Distracted driving means driving while doing something that takes attention away from the road, such as reading or sending text messages, changing music on a hand-held device, and using a GPS. Having too many passengers in the car can be distracting for a driver too, especially a new driver.

Georgia has strict laws dictating what young drivers can do while behind the wheel. While adult drivers are prohibited from sending and receiving text messages while driving, talking on hand-held phones is still allowed. Drivers under the age of 18, however, may not use cell phones at all. Drivers aged 16 to 18 are not allowed to drive late at night, and may not drive with any passengers who are not members of their family for the first six months after receiving a license.

If this National Safety Council study shows us anything, it's that there is a great need for education about the dangers of distracted driving for teens. As adults, it is important that we set an example for our kids by not engaging in distracted driving, and by making sure we keep an open dialogue with them about safe driving habits.

Ty Wilson is a distracted driving lawyer in Savannah and offers free information at his website TyWilsonLaw.com. Visit to watch videos, read articles, and to order his FREE books BEFORE you speak to the insurance adjuster, sign any forms or even before you hire a lawyer.

If you have questions right now for a Savannah injury attorney, give Ty a call at 1-888-689-5224.

Thankfully, several years ago Georgia legislators passed the Family Purpose Doctrine. By law, a vehicle owner is responsible for any damages caused by a family member who they let use their vehicle. This doesn't just include teenagers, but adults as well, as long as they are part of the car owner's immediate household.

What does the Family Purpose Doctrine entail?

According to Georgia case law, a person could be held accountable for the actions of another driver using his or her vehicle:

• To be legally responsible, he or she must own the vehicle.
• The vehicle must have been made available for family use.
• The driver must be a member of the vehicle owner's immediate household.
• The owner of the vehicle must have given the driver permission to use it.

How does the Family Purpose Doctrine affect my injury claim?

If you are involved in a collision with another driver who is not insured, there may still be an opportunity to pursue a claim for the damages you sustained in the accident. If the person who caused the accident with you was driving a car owned and insured by another person, the car owner's insurance policy could be pursued for damages as long as the driver was a member of his or her household.

Even if the negligent driver does carry insurance, an additional policy might be available if the car involved is owned by a different person than the driver. If the driver is a member of the car owner's household, both the driver's and the owner's insurance policies may be pursued. This is especially important in cases with very serious injuries. It is not uncommon for medical bills in these instances to exceed the $25,000 minimum limits of liability that every Georgia driver must carry.

What if the driver of the car is not a member of the car owner's household?

Sometimes the vehicle owner can still be held liable for the actions of the driver even if the driver is not a member of his or her household. If the owner of a vehicle entrusts it to a family member and that family member allows another person to drive the car, the vehicle owner can still be held liable if that other person causes an accident. The family member who gave permission to another driver must be present at the time of the crash.

This law does not only apply to cars, but to any vehicle, including boats.

If you have been seriously injured in a Georgia auto accident, you should contact an experienced injury attorney right away. Hiring a lawyer who deals with injury claims every day is the only way to know for sure that all possible avenues of available insurance are explored.

Ty Wilson is a Savannah car accident attorney who offers free information at TyWilsonLaw.com. Visit to order his FREE books and to read his many articles and to watch his videos BEFORE talking to an insurance adjuster, signing any forms or hiring an attorney.

If you have questions for a Savannah injury lawyer today, call Ty at 1-888-689-5224.

How do Functional Capacity Evaluations Affect your Georgia Workers Compensation Claim?

As a Georgia Workers' Compensation attorney, I receive inquiries every day from injured workers who aren't sure where to turn next in their workers' comp claim. They are right to be concerned in many cases, as Georgia workers' comp law is very extensive and it is easy to make a mistake that can kill your claim. Some of my clients have been asked to undergo Functional Capacity Evaluations, and aren't sure exactly what that entails, or how it may affect their claim.

A Functional Capacity Evaluation, or FCE, is a physical test administered by a workers' comp- approved doctor or physical therapist. He or she will test the injured worker in a wide range of physical activities, such as standing, lifting, pulling, pushing, and walking. Certain exercises, such as lifting weight from the floor to the waist, are designed to determine whether or not an injured worker is well enough to go back to work, and what restrictions, if any, should be placed on that worker.

It is important to know what you're getting into before undergoing an FCE. The results of this evaluation will be used to help determine the compensation you are due from your workers' comp claim. If, for example, the results of the evaluation are that you are permanently disabled and can never work again, you now have a concrete document created by a workers' compensation doctor that proves you are unable to work anymore. Or, if the results of your evaluation are that you should be able to go back to work immediately, some of your benefits may end.

If you have been asked to undergo a Functional Capacity Evaluation, make sure you talk to an attorney about it before you undergo any testing. You want to make sure you go into your evaluation fully educated about what the doctor is looking for, and how it may affect your workers' comp claim. Sometimes, an FCE can make or break your workers' comp case, and it is important to have an experienced attorney helping you through the process.

Ty Wilson is a Savannah injury lawyer who provides FREE information at TyWilsonLaw.com. Visit to read articles, watch videos and to order his FREE Georgia Workers' Compensation Special Reports.

If you have questions about your Georgia workers' compensation claim and would like to speak to an attorney, give Ty a call at 1-888-689-5224.

Be informed. Be aware. Be prepared.

Are Higher Penalties Needed to Stop Distracted Drivers?

Distracted driving, especially the use of a hand-held electronic device while driving, is an ever-growing problem in this country. Legislators and interest groups are constantly questioning how to decrease the incidents of distracted driving. Recently, some states have been considering increased fines for drivers caught texting while driving.

After a 2010 Highway Loss Date Institute study showed that current texting while driving bans were not reducing the incidents of distracted driving, some lawmakers have introduced bills to increase the fines for drivers who use cell phones while they're behind the wheel.

Earlier this month, New Jersey considered a law that would fine drivers for their first two texting while driving offenses, and after that, distracted drivers would face license suspension. The California senate is moving through legislation that would require an increasing fine for each texting while driving violation. In Georgia, of course, texting is completely illegal, and any hand-held cell phone use by new teen drivers is prohibited.

Is increasing the penalty for texting while driving the answer?

According to AAA director of state relations Justin McNaull, seat belt studies show that drivers are more likely to buckle up if there are harsh penalties for breaking the law. This is why over the years, more and more drivers will fasten their seat belt before they drive.

Some lawmakers favor increasing penalties as well, likening distracted driving to drunk driving and calling for the need to treat it as seriously. They believe motorists who engage in distracted driving should receive more than just a slap on the wrist.

However, Gary Biller, president of the National Motorist Association, told new outlets recently that "it's more productive to treat distracted driving as a driver education problem.” Instead of increasing fines, he said, we should increase awareness of the problem.

I agree with both schools of thought on this issue. Distracted driving is such a big problem that while an increase in driver education is certainly necessary, we might have to increase penalties as well, just to make an impact on drivers who don't think texting while driving is a big deal. Texting while driving is deadly, and any and all efforts should be made to stop people from doing so.

Georgia is currently considering an increase of penalties for drivers caught texting and driving. As the law stands now, drivers caught texting receive a fine of $150. Since the law was implemented in Georgia is 2010, 28 teenagers and 1,012 adults have received convictions, according to the Governor's Office of Highway Safety.

Ty Wilson is a Savannah distracted driving lawyer who strives to educate the public on this important topic as well as Georgia personal injury claims and purchasing automobile insurance in Georgia. Visit TyWilsonLaw.com to read Ty's many articles, watch his videos and to order his FREE BOOKS.

If you have questions for an injury attorney in Georgia, give Ty a call at 1-888-689-5224.

Pets are Safest Buckled Up

If you drive with your pet in New Jersey, you both have to be buckled up. Having unsecured dogs or cats in vehicles is against the law, and drivers can even receive a ticket for doing so.

That means that you can't let your dog ride in the back of your truck, or hang its head out of the window. Pets can't even ride in your lap. Dogs must be buckled in with a harness that clicks into the seat belt, and cats can be secured in carriers that can be buckled in.

Drivers who violate the law face receiving a ticket from $250 to $1,000, and can even spend 6 months in jail. Driving with an unsecured pet is a violation of the state's animal cruelty law.

Recently, the state Society for the Prevention of Cruelty to Animals and the Motor Vehicle Commission got together to raise awareness about the issue of pet safety in the car. According to SPCA spokesman Mike Stanton, of 5,000 animal cruelty citations that are issued in New Jersey every year, only 10 are for improper transit.

“We are not actively cruising the roadways of New Jersey looking to write people up,” he said. “Just be sensitive to the safety of the animal and your own safety when you have the animal in your car,” Stanton told local news outlets.

This sounds like a good policy, not only for pets riding in cars, but for everyone else on the roadway as well. Having an unsecured dog in your car can be a big distraction, and as we all know, distracted driving is a huge problem. Not to mention the fact that if a car accident occurred, an unsecured pet could be seriously injured or even thrown from the vehicle. While Georgia doesn't have a law like this yet, any measure that diminishes distracted driving and keeps our roads safer is a good one.

Are Some People Actually “Accident-Prone?”

Source: Berkeley Wellness Alerts and the National Safety Council

Every June, the National Safety Council (NCS) encourages people and organizations to participate in National Safety Month, a time set aside to educate and influence behaviors around the leading causes of preventable injuries and deaths. Each week is different and the focus of this week’s safety concern is slips, trips, and falls which are one of the nation’s leading causes of unintentional injuries treated in emergency departments. More often than not, adults ages 55 and older are affected but anyone can succumb to this type of injury according to the NSC. The main goal of National Safety Month is to raise public awareness of safety for every type of preventable injury.

Many of us know people who seem to be involved in one accident after the other. Could it be the some people are actually “accident-prone?” Studies have found links between accidents and certain character traits in people such as over-confidence, aggressiveness, chronic anger, and a lack of conscientiousness, with results that have been inconsistent at best. However, there is evidence that accidents may occur due to other factors like the following:

• Lack of Sleep: Not sleeping enough can impair performance and judgement when operating a vehicle as well as performing other tasks. As a result, people with conditions like sleep apnea (characterized by heavy snoring and disrupted sleep) are at a high risk for injuries and accidents.

• Alcohol: Aside from causing motor vehicle accidents, alcohol can make individuals more susceptible to falls, cuts, and burns. People using marijuana or other recreational drugs fall under this category as well.

• Medications: A lot of medications can cause confusion, grogginess, dizziness, and can dull reflexes. Medications that aid sleep, nighttime tranquilizers, and antihistamines can leave you impaired or make you feel drowsy the next day. Make sure you’re taking these medications when you are able to rest the next day.

• Poor Health: People in poor general health are more prone to injury, likely because they become fatigued more easily, may have trouble sleeping, and because they take a lot of medications. Also, being unfit physically can cause problems with balance especially the elderly. Those with mental illnesses may also be prone to injuries.

• Emotional Stress: Chronic emotional stress, deep grief, and serious emotional problems also increase accident risk. Studies of athletes, for example, have found that players under severe emotional or physical stress are more prone to to injury. In a related study, an initial serious injury to one person in a family can, in turn, produce stress that affects the entire family, often resulting in a cluster of injuries. A study published in Pediatrics showed that when a child was seriously hurt, there was a 20 percent chance that a sibling would be injured as well (or the first child re-injured) during the following three months.

• Distraction: This has become a large research area for safety experts, as people are spending more time trying to multitask, for example talking on the phone or texting while driving and texting while crossing the street.

• Poor “Situational Awareness”: Some people do not follow safety rules or take precautions because they simply misperceive risk or overestimate their ability to control a particular situation. This is particularly true of young men who tend to take more risks and sustain more injuries from car accidents because of the notion of “invincibility.”

• Unsafe Products and Environments: Unfortunately, we are not in control of every factor determining our safety. The government has the ability and should assist in keeping people safe by building safer roads, mandating safety features for cars and machinery, working with industry to ensure occupational and product safety, and tracking accidents and injuries to reduce risk.

If you or a family member have been under a lot of stress or have been experiencing a higher number of accidents than usual, heed the warning signs and seek professional help if necessary. At least try to take your time when performing tasks that could pose a threat and know your limitations. Be sure to follow safety rules even for something as simple as using a knife in the kitchen to prepare food. Remember, it only takes one accident to become seriously injured or worse, so follow as many safety precautions as possible, especially when getting behind the wheel.

Be informed. Be aware. Be prepared.

New Technology May Prevent Crashes by Allowing Cars to “Talk” to Each Other

Technology revealed at a recent transportation conference confirms that we are on our way to developing ways for cars to communicate with each other to alert drivers to dangerous driving conditions, thereby reducing traffic accident and fatalities. The National Highway Traffic Safety Administration has been working for years with automakers to help develop this technology.

Car manufacturers already have technology that will allow vehicles to communicate with each other about their direction, location and speed, and share this information with other cars within approximately 1,000 feet of each other. Information can be relayed to drivers so they can be aware of possibly dangerous situations before they may even see another car coming.

This vehicle-to-vehicle, V2V communication, has the potential to drastically decrease the amount of traffic collisions and fatal accidents on our roadways. Even beyond allowing cars to communicate with each other, V2V technology could go so far as to take control of a car, for instance, to apply brakes before a driver is able to do so, to avoid an accident.

V2V technology can also let drivers know if they will have enough time to make an unprotected left turn, or if it is safe to pass another vehicle on a two lane road when drivers can't yet see around the curve of a road. Drivers can even be alerted when cars ahead of them slam on their brakes due to slow traffic, to help avoid rear-end collisions. Cars could even be connected with roadways to give city planners a better idea of how to make the most efficient roads, and to alert drivers to upcoming traffic or construction zones.

This year, researchers will conduct a real-world test in Ann Arbor, Michigan, using 3,000 real buses, trucks and cars, and volunteer drivers. The year-long test will investigate the real-world application of such technology, and find ways to improve it.

David Strickland, administrator of the National Highway Traffic Safety Administration, said V2V “is our next evolutionary step ... to make sure the crash never happens in the first place, which is, frankly, the best safety scenario we can all hope for.”

So how do we ensure that all drivers have access to this lifesaving technology? First, say industry experts, the government has to set the standard and make sure all automakers use this technology. The only way for V2V technology to exist in all cars is for the government to mandate its inclusion in all new vehicles.

According to Clarence Ditlow, the Executive Director of the Center for Auto Safety, “if you have the technology, and the price has gone down so much, use it,” he said. “You aren’t going to get it into the marketplace as fast as you could and save as many lives as you could unless you mandate it.”

I am certainly in support of any technology that will decrease traffic accidents, and reduce the number of people who are injured or killed in car crashes. Over 32,000 people died last year in traffic accidentsalone. I hope the government continues to support further research into this technology to make it a viable option for inclusion on cars in the near future.

AAA Tips for Driving On Wet Roads 

Source: AAA

We’ve all been there. The car is handling beautifully as we drive down the highway at a normal speed when out of the blue, rain begins to fall. A significant amount of water has accumulated on the road and without warning you start to lose control of your vehicle as though it had a mind of its own. The car begins to hydroplane and a sudden fear rushes over you as you try to stop from veering off the road. Depending on the severity of the hydroplane, you may or may not have crashed as a result. Many people have been injured or killed as a result of poor weather conditions on the road and it is crucial that you are aware of the dangers and how best to prevent them.

As a result of the recent inclement weather brought forth by Tropical Storm Debby, AAA has produced a news release with some really great tips for driving safely on wet roads. Hydroplaning is one of the top concerns among American drivers and according to the National Highway Traffic Safety Administration, nearly 1.2 million traffic crashes occur each year on wet roads with more than a half million injuries and 5,700 deaths. In response to these alarming statistics, AAA has compiled their safe driving tips in a free brochure called Get A Grip: A Guide to Wet-Weather Driving Techniques. The following are some of the most important tips to remember:

• Check Your Tires: Tires should be properly inflated and should have enough tread depth. This will allow your car to have more traction and maneuverability on the road.

• Avoid Cruise Control: While cruise control works great in dry weather conditions, it can have adverse effects in rainy weather which could cause you to lose control of your vehicle. To prevent the loss of traction, a driver may need to reduce the car’s speed by lifting off the accelerator, which cannot be accomplished when cruise control is engaged.

• Slow Down and Leave Room: You should slow down, avoid hard braking or turning sharply, and drive in the tracks of the vehicle ahead of you. Also, it’s important for motorists to allow ample stopping distance between cars by increasing the following distance of the vehicle in front of them.

• Avoid Standing Water and Flooded Roads at All Times:
There is no way to tell how deep standing water is on a flooded road and driving through it can cause a vehicle to stall and result in severe damage to the vehicle from:
• Flooding the engine
• Warping brake rotors
• Loss of power steering
• Short in electrical components

It’s important to remember these steps when driving on wet roadways in order to maximize your safety. Serious consequences can present themselves if you become inattentive or negligent in inclement weather and you could even end up seriously injuring yourself or others. The best way to avoid accidents is taking steps to prevent them, so make sure you’re taking the right safety precautions. You can never be too safe when your life and others' lives are at stake.

Ty Wilson is a Savannah car crash lawyer who provides helpful free information at TyWilsonLaw.com. Visit to read his articles, watch his videos and to order his FREE books BEFORE talking to the insurance adjuster, signing and forms, or even hiring a Georgia injury attorney.

If you or a family member has been injured in a Georgia car wreck and have questions for an attorney, give Ty a call at 1-888-689-5224.

Be informed. Be aware. Be prepared.

South Carolina Legislature Refuses to Ban Texting While Driving 

According to an article on WSAV.com, the South Carolina legislative session came to a close recently without passing a law that would have made it illegal to use a cell phone for text messaging while driving. A bill that completely banned texting while driving was passed by the House, but not even a watered-down version of the bill could pass the Senate.

Now, South Carolina is only one of six states where it is legal for anyone to text and drive. Texting and driving is illegal for all drivers in Georiga, and hand-held cell phone use is illegal for any drivers under 18 and for school bus drivers. The U.S. Department of Transportation is currently encouraging all states to ban texting while driving. 

Senator Jake Knotts, a Republican from West Columbia, South Carolina, sponsored the Senate version of the bill that did not pass. “Some of 'em just say, 'Well, I don't want to tell our people what they can or cannot do',” Knotts said of people who opposed the bill. “Well, they've got to understand driving is a privilege, not a right.”

Knotts tried to amend the Senate version of the bill to get it passed. He worked to limit the texting ban to only drivers under 18, and to ban phones completely for all drivers in school and work zones. However, even passage of this watered-down version of the bill got delayed. Eventually, the legislative session ended before the bill could be passed.

According to some legislators, even if the bill had passed the Senate, the House would have rejected the Senate's version of the bill for not being strong enough. Representative Don Bowen, a Republican from Anderson, said the Senate's version of the bill wasn't strong enough. "We want to be sure that we make that penalty so stiff that it acts as a deterrent and stops it,” Bowen said. “And we feel like with what the Senate did, the worst you'd probably get is a spank on the wrist," he says.

It's unfortunate that South Carolina legislators weren't able to come to an agreement on this law. Distracted driving, especially using hand-held devices to send text messages or emails, is the fastest growing traffic problem in our country. More and more states are banning texting while driving, or eliminating cell phone use completely in vehicles. Distracted driving caused nearly 4,000 deaths in 2010, according to the National Highway Traffic Safety Administration. While making texting while driving illegal won't eliminate all instances of distracted driving, hopefully it will deter many people from engaging in this dangerous practice.

Ty Wilson is a Savannah distracted driving lawyer who offers free information at TyWilsonLaw.com about Georgia personal injury claims and Georgia automobile insurance. Visit for articles, to watch videos and to order his FREE BOOKS before talking to the insurance company, hiring a lawyer or signing any forms.

Call Ty at 1-888-689-5224 if you or a family member has been injured in a Georgia car accident.

Be informed. Be aware. Be prepared.