Blog Archive - October, 2010

A tragic DeKalb County accident late Monday night serves as a grim reminder of the potential dangers posed to pedestrians in the Atlanta area. The accident victim was crossing Flat Shoals Parkway when he was hit by a car. According to police reports, the man was not in a crosswalk when he was killed. The accident is currently under investigation.

An Augusta man was killed last Saturday when a sandy trench at a construction site where the man was working collapsed. The construction accident victim was working with another man six feet underground. Tragically, when the trench collapsed, the accident victim was buried beneath the ground and suffocated.

In the wake of two Georgia bus accidents this month including a Carroll County busing accident that resulted in the death of a 17 year old student, Georgia legislators are considering legislation requiring seat belts on school buses. Most Georgia school buses do not come equipped with seat belts, which is the case with most school buses across the nation.

As a fall chill begins to fill the air and the leaves begin to change, Halloween is approaching. This means laughing children in costumes, carnivals with haunted houses and fun hayrides. A Douglas hayride turned into tragedy last week when 2 people were seriously injured while they were on a church hayride outing.

You are a respected orthopedic surgeon who has survived a tour of duty in Iraq avoiding the dangers of the war where thousands have been hurt and killed. You come home a hero who has served your country faithfully. You are out for a bike ride with friends when you are suddenly run down by a distracted driver and must be taken to the hospital with a traumatic brain injury. This horrible nightmare is a reality for an Augusta, Georgia rider who was involved in a bicycle accident with an SUV when riding with a group of recreational cyclists in Beech Island, South Carolina.

Montlick & Associates, Attorneys at Law has proudly partnered with Safe Kids Cobb County to host Child Safety Events throughout North Georgia to help keep kids safe. The partnership began in April 2010. Together the two organizations have provided important safety materials and services to hundreds of Georgia families through Montlick & Associate’s DNA LifePrint program and Safe Kids’ car seat safety checks.

The United States Consumer Product Safety Commission (USCPSC), just announced a voluntary recall of Falls Creek infant boy shoes. The commission advised that consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The product is imported by Meijer of Grand Rapids, Michigan, and approximately 2,300 units are involved in the recall. The hazard involved is that the shoe lace toggles can detach, posing a choking hazard to young children. Apparently no injuries have been reported.

A tragic Fayetteville accident involving a teenage driver who ran a stop sign and plowed into an SUV this month, killing the driver of the SUV, serves as a sad reminder of a number of motor vehicle safety concerns. The SUV driver was killed when he was ejected from the vehicle because he was not wearing a seat belt.

Distracted driving is a leading cause of motor vehicle accidents resulting in over 6,000 deaths and over 515,000 people being injured annually in police reported motor vehicle crashes. These numbers are growing with the widespread use of cell phones and particularly the growing popularity of texting. Estimates place the total number of texting related auto accident deaths at over 16,000.

A major car crash on I-285 in Atlanta this weekend resulted in the tragic death of two passengers in the vehicle, and the driver of the vehicle has been arrested for vehicular homicide. While the cause of the auto accident is still under investigation, the police indicated that the driver was exiting the freeway at I-20 and lost control of the vehicle.

If you are seriously injured by the careless or intentional conduct of another, you have a right to seek legal compensation for your injuries. The right to seek legal compensation for personal injuries often means the difference between having massive medical costs paid for along with compensation for your past and future earnings versus a severe financial crisis for your entire family.

People all over Georgia are involved in motor vehicle accidents every day including auto accidents, motorcycle accidents, pedestrian accidents, bike accidents, tractor-trailer accidents and SUV rollover accidents. If you are a Georgia resident, there is a risk that you will be involved in a motor vehicle accident sometime during the next 10 years. More than 1,720 Georgia drivers are involved in car wrecks daily which amounts to 70 accidents per hour.

Sadly, many people who suffer serious injuries never receive compensation for their injuries because they initially believe that they are not injured, or because they believe that they have no recourse against the other driver's insurance company. At Montlick and Associates, Attorneys at Law, we have been representing those seriously injured or killed in motor vehicle collisions throughout Georgia for over 25 years.

As part of our ongoing commitment to children’s safety, Montlick & Associates is proud to partner with DNA LifePrint, the child safety program endorsed by John Walsh, Child Safety Advocate and Host of America’s Most Wanted. This is a free child safety event that provides parents with state of the art tools to help quickly and safely recover their child, should their child ever be missing. “Our firm has been committed to providing parents with the tools needed to help keep their kids safe for over 23 years. "If the DNA Kit and Safety Materials provided at our event can help find one missing child, then it has all been worth the effort." says Founder and CEO David Montlick.

Every day individuals in the Atlanta area and throughout the State of Georgia receive the devastating news that someone close to them has been killed by the negligent or intentional actions of a third party. This is news that is emotionally overwhelming. When the family breadwinner is the person tragically killed, a family may face an enormous financial crisis.

Construction Zones: we know they are approaching as we begin to notice signs and flags. Most drivers assume that the special laws regarding speed and increased fines in construction zones are designed to protect those performing work. While this is one purpose of such laws, these laws are also designed to prevent construction zone automobile crashes and trucking accidents.

There is never a good time for an accident; when one does occur, it is important to know how to navigate insurance coverages. In many cases, the financial loss suffered in terms of medical expenses, rehabilitative care, pain and suffering and property damages can be recovered from the other driver's insurance policy when the other driver caused the accident. Unfortunately, there are instances where a person is involved in an accident with a hit and run driver, the other driver has no insurance or the other driver does not have enough insurance to cover the cost of the damages caused.

This sea of pink throughout Atlanta this October marks National Breast Cancer Awareness Month. While great strides have been made in increasing public awareness of the disease and raising funds for research and treatment, breast cancer still claims the lives of over 40,000 victims per year. It is estimated that 10% of all women will be diagnosed with breast cancer at some point during their lifetime.

Montlick & Associates, Attorneys at Law recognizes Ty Turner of Griffin High School as the Montlick & Associates’ Athlete of the Week October 15, 2010. Turner plays on both sides of the football and special teams for the Griffin Bears, and has received several offers from colleges. He understands the importance of school work as well, “Football isn’t always guaranteed…just do your work in class; and everything will take care of itself.” His excellence in the classroom places him at the top with the highest GPA on the team. Turner is much deserving of this week’s award. “He’s a leader inside of our school. He has an outgoing personality. He gets along well with his peers, and he’s a pivotal member of our football team,” says Principal Keith Simmons.

As the weather cools and the leaves turn amber signaling the return of fall, parents and children settle into their traditional back-to-school routines. While school buses are one of the safest forms of transportation, most parents know there are still risks associated with busing accidents and pedestrian accidents as children make their way to school. Few parents contemplate that one of those risks is an increased chance of lung cancer amongst Georgia school children who ride the bus to school.

Many of us have been the victim of a discourteous or aggressive driver who poses a serious risk of causing an automobile accident. Aggressive driving can not only cause accidents but can lead to road rage. The frequency of road rage incidents has grown in recent years often leading to violent attacks that result in deaths or serious injuries to other motorists, pedestrians or bystanders.

Whistleblowers, who sue a company that is submitting false bills to the federal government, save the government and taxpayers billions of dollars. They can help control the cost of health care and defense spending by exposing attempts to "cheat" the government, as well as provide a means for the government to seek reimbursement. Whistleblower cases brought on behalf of federal agencies have resulted in an average recovery of $8.6 million per case for a total of over two billion dollars recovered by the government.

Traffic experts will tell you that school buses may be the safest form of transportation. Statistics tend to support this view, as almost 500,000 school buses provide transportation for over 24 million school children each day. There have been 407,000 fatal motor vehicle accidents since 1990, but school bus accidents account for only one-third of one percent of these deaths. One would never know this based on the sudden epidemic of school bus accidents in Georgia this month.

A Texas jury awarded a mother of a 10 year old boy $7 million dollars after the boy was mauled and killed by an American bull mix and a pit bull. The young victim was commonly acknowledged to be a good kid and had just made the baseball All-Star team. The dogs belonged to the family of a friend of the boy and mauled him when he went to visit his friend. At the lengthy and complex trial involving 46 witnesses over a five day period, the jury learned that the dogs had been involved in at least three prior biting incidents including one of the boy who was fatally attacked. The family friends had instructed the victim not to tell his parents about the prior biting incident. During the heart wrenching trial, a doctor testified that the young victim fought for his life during the violent mauling for up to fifteen minutes before finally succumbing to his injuries.

A Cobb County man was very lucky this week when he survived a single vehicle accident after his SUV rolled over leaving him trapped in a creek. The Cobb County police were able to rescue the man from the SUV which was flipped over and stuck in two feet of water. The man was transported to Atlanta Medical Hospital and was treated for his injuries.

A teenager driver whose Porsche Boxster was involved in a head-on collision with a mini-van occupied by the daughter and two granddaughters of gubernatorial candidate Roy Barnes last weekend has died from serious head injuries. Barne's daughter Allison Barnes Salter was driving a 2008 Honda Odyssey when it was struck head on by the Porsche Boxster driven by the teenager. Both of Barne's granddaughters were treated at a nearby hospital.

This month has not been a good one for Carroll County school bus drivers. There have been two separate school bus accidents in less than a month, with a least one fatality and several people hospitalized. Criminal charges, past accidents and a problematic past driving history hang like a dark cloud over the school district.

A tragic school bus accident killed one Carroll County student and injured 10 others last week. The bus driver apparently lost control of the vehicle, and the school bus left the roadway ending up in a ditch before overturning. The Georgia State Patrol reported that the bus crashed on Highway 113 near Hog Liver Road between Carrollton and Temple, near I-20.

Four people were killed and another 15 suffered injuries when a 15 passenger van carrying a church group from Tabernacle of Prayer and Deliverance in Columbus rolled over along Highway 27 in Southwest Georgia in the last few days. The church pastor and an infant were among the four people killed in this tragic fatal 15 passenger van accident. In an all too familiar scenario, the Georgia State Patrol reported that the 15 passenger van suffered a tire blowout which caused the driver to lose control of the vehicle. When the vehicle traveled into the center median, the vehicle rolled several times causing the occupants to be ejected. This tragedy again focuses attention on the dangers posed by 15 passenger vans which are commonly used by organizations like church groups and youth organizations.

Millions of people here in Georgia and across the country rely on train travel to commute to work or take a cross country vacation. In major cities like Atlanta and across the U.S., metro trains have become increasingly popular because they provide a fast and relatively inexpensive way for commuters to avoid the aggravation and frustration of bumper to bumper traffic.

A person who is the victim of a violent crime, including assault, battery, rape and sexual assaults can suffer serious physical injuries and long-term emotional distress. A crime victim who is injured by a violent attack or sexual misconduct of another person may be able to bring a claim for compensation for one's injuries against one's attacker. A case based on an intentional attack may seem like an easy legal matter to pursue because there is usually no debate about the defendant being "at fault."

Montlick & Associates, Attorneys at Law honors Marcus Moses of Sprayberry High School as the Montlick & Associates’ Athlete of the Week October 8, 2010. Moses is an elite leader in every aspect of his life. He has caught the attention of several college recruiters for his excellent performance both on and off the football field. Moses starts on offense, defense and special teams for the Sprayberry Yellow Jackets. More impressively, he is among the top 20 of his class with a 4.1 GPA. “It’s neat to have a young man with his ability both on the athletic field and in the classroom.” says Head Coach Billy Shackelford.

The Montlick & Associates’ Athlete of the Week is featured on WSB-TV’s Friday night Sportszone program in Atlanta, Georgia. At the end of the 2010 high school football season, Montlick & Associates will crown an "Athlete of the Year." And as part of our ongoing commitment to support the community, Montlick & Associates will donate $5,000 to the winner’s school.

A new report just released by the National Highway Traffic Safety Administration (NHTSA) indicates that despite the tragic number of serious injuries and deaths in motor vehicle accidents there is some good news. Motor vehicle related deaths in the United States fell to their lowest level since 1950. Even more surprising, this decline in auto accident related fatalities occurred despite an increase in the number of miles traveled, suggesting that attempts to make roads, drivers, and vehicles safer are working.

Whether we go to the hospital or visit our family doctor, we routinely entrust our health and even our lives to the professional expertise of medical professionals. There is sometimes a sense that a medical professional is infallible and does not make mistakes. Unfortunately, this perception is a significant distortion of reality.

The recent controversy concerning the decision by the Philadelphia Eagles to return players to action shortly after suffering concussions has helped draw attention to the rising problem of sports related traumatic brain injuries. One of the Eagles' injured players was returned to the game after only four minutes, which is not long enough to perform any real diagnostic examination.

The National Highway Traffic Safety Administration (NHTSA) recently announced the lowest motor vehicle accident fatality rate since 1950. Despite significant improvements in making our roads safer, traffic accidents claimed the lives of over 33,000 people last year. This recent report addressed all types of traffic accidents including car accidents, trucking accidents, motorcycle accidents, SUV rollover accidents, bus accidents, bicycle accidents, and pedestrian accidents.

It can be very frustrating to be involved in a motor vehicle accident. It can be even more frustrating if you are having a hard time finding a lawyer to handle your case. There can be many reasons that a law firm does not take an auto accident case even if the law firm does not clearly articulate their reasons for declining to represent you.

SUVs have become the family car of our generation – a modern stylish version of the Station Wagon that was once the classic portrait of the family car. Unfortunately, the SUV has a darker side that is very different from the Norman Rockwell classical image of loading up the family in the Station Wagon and heading out on a family camping trip. SUV rollover accidents can be among the most deadly type of motor vehicle accidents.

Few injuries are as emotionally devastating for a family as a birth injury or damage to an unborn child during pregnancy. Birth injuries can result in lifelong medical conditions that may permanently impair a child and generate medical costs that can easily reach into the millions. Birth injury cases are also some of the most difficult and expensive cases to litigate.

A slip and fall accident can result from many causes including a foreign substance on the floor that makes the surfaces sticky or slippery, uneven ground or debris, or other hazards. Unfortunately, slip and fall accidents are common and can result in significant injuries. If you are injured on another person's property because they fail to take adequate care to warn you or safeguard you from dangerous conditions, you may be entitled to compensation for your injuries. At Montlick and Associates, Attorneys at Law, we have been representing those injured by dangerous conditions on the premises of others for over 25 years.

Montlick & Associates, Atlanta Injury Attorneys, honors Eli Long of Lassiter High School as the Montlick & Associates’ Athlete of the Week for October 1, 2010. Long excels on the football field as a Defensive End; and off the field as a 4.25 GPA honor student, and a member of the student government and Fellowship of Christian Athletes. “He is able to be successful because of his great technique, his great work ethic and his great competitive character. He is a true competitor,” says Coach Jep Irwin.

The Montlick & Associates’ Athlete of the Week is featured on WSB-TV’s Friday night Sportszone program in Atlanta, Georgia. At the end of the 2010 high school football season, Montlick & Associates will crown an Athlete of the Year. And as part of our ongoing commitment to support the community, Montlick & Associates will donate $5,000 to the winner’s school.

Traffic accidents in the Atlanta area and throughout the State of Georgia claim the lives of over 1,500 people each year while injuring tens of thousands more. No type of motor vehicle accident is more devastating than a tractor trailer accident. These massive commercial trucks can weigh 80,000 pounds resulting in massive carnage in an accident with a passenger vehicle.

We have all had the experience where we are driving down the road when a vehicle comes flying up behind our car weaving in and out of traffic. The driver becomes quickly annoyed because we are not driving fast enough and begins flashing headlights and honking the horn. Finally, the vehicle zooms around our vehicle and cuts us off just to make a point. This type of aggressive driving is a leading cause of serious accidents.

One of the most significant risks that are created by large tractor-trailers is the danger their weight and size pose. A fully loaded commercial big rig can exceed 80,000 pounds, which makes every trucking accident a potentially fatal collision. Small passenger vehicles have little chance when subjected to the force and impact of a semi-truck. Despite this inherent risk, the trucking industry is often found to be overloading trucks, which magnifies the risk by making trucks more difficult to control and more dangerous when a driver loses control.

There is nothing as tragic and heart wrenching as a family that has their dream of having a baby turn into the surreal nightmare of birth injuries, which result in life-long mental and physical disabilities. Birth injuries are exceptionally disheartening because they harm the most vulnerable in our society and can mean life-long challenges, astronomical medical costs, and staggering special needs expenses for families.

The workers' compensation system provides employees with a fast efficient system for obtaining compensation for on the job injuries while shielding employers from liability for civil litigation for such injuries. Because an employer is shielded from potential civil liability for injuries employees suffer in the workplace, employees may be compensated even if their own careless conduct was the cause of their work related injury.

When a person is seriously injured, it can mean medical expenses, lost wages, pain and suffering, as well as enormous stress and financial hardship. A person whose injuries are related to an accident or intentional actions of another may have a claim for compensation for their injuries. If you have been injured, it is important that you seek immediate legal advice, because legal time deadlines apply to all cases.  Additionally, it is more challenging and sometimes impossible to obtain evidence and help from witnesses if you delay. The time limits that govern when a lawsuit must be filed are called "statutes of limitations." Courts almost never forgive the failure to file a lawsuit before a statute of limitations expires.

We have all seen the public service announcements on television where a social host takes the keys from a drunk driver and calls a taxi. Sadly, these images don't happen enough in real life as servers at bars and nightclubs, as well as social hosts, often simply serve another drink instead of taking a driver's keys.

Every years thousands of children are injured on the premises of others because they are drawn to the property by something curious or inviting. Many times these childish expeditions result in tragic accidents that can lead to catastrophic injuries and even fatalities. The concept of an attractive nuisance was developed to encourage property owners to safeguard conditions on their property that might entice or attract children, but pose a dangerous risk to their safety.

Drunk driving claims the life of someone in the U.S. every 40 minutes and is responsible for about one-third of all traffic fatalities. Many people assume that the chance they personally will be involved in an accident with a drunk driver is remote, but three in every ten people will be involved in an accident involving a drunk driver at some point during their lifetime. It is also the case that drunk driving is usually not an isolated event for people who drink and drive. One study found that a drunk driver typically driving drunk approximated 80 times before being arrested for DUI for the first time.

Construction sites are among the most dangerous workplaces in the U.S resulting in more fatalities than any other occupational group. The number and type of hazards at a construction site are diverse and plentiful. The types of injuries at constructions sites also tend to be much more severe than other job related injuries. A construction accident often results in serious injuries that make it impossible to continue working in the construction industry or at the very least require a significant amount of rehabilitative time away from the workplace.

A fatal tractor trailer crash in Cherokee County last week serves as a grim reminder of the dangers posed by commercial trucks that have vital systems fail. The semi-truck plowed through an intersection as it exited Interstate 575 toward Highway 140. The accident which caused the death of the other driver in a passenger vehicle and injury to his passenger is believed to have stemmed from the big rig truck's brake failure. The accident demonstrates the fatal potential of a collision between a massive tractor trailer and small passenger vehicle.

Montlick & Associates, Attorneys at Law recognizes Taylor Wilby of The Lovett School as the Montlick & Associates’ Athlete of the Week September 24, 2010. Wilby excels on the field as an outside linebacker; and off the field as an “A” student, Eagle Scout and participates in many school service projects. Wilby says “I’ve always just wanted to be a complete person and get all aspects of my life the best I can, whether that be spiritual, physical or mental …You know football is a big part of my life, but it’s not the only thing to me.” Wilby is a leader at heart. He has been nominated for an appointment to West Point and hopes to one day serve our country in the military.

It is ironic that a vehicle which is most closely associated with church Sunday school outings, summer camp trips, and Boy Scout outings is one of the deadliest vehicles on the road. The auto industry has known for years that 15-passenger vans pose an enormous risk of rolling over leading to an extremely high rate of fatalities. According to the National Highway Traffic Safety Administration (NHTSA), accidents involving 15-passenger vans resulted in 1090 fatalities with more than half of those fatalities resulting from rollover accidents during a nine year period.

Tractor-trailers are the most dangerous vehicles on the road because of their massive size and weight. While most truck drivers are well trained and careful drivers, there is no question that fully loaded commercial trucks are harder to maneuver, require increased braking time, and provide far less visibility than other vehicles on the road. All of these factors combined with the massive size and weight differential between a passenger vehicle and a semi-truck means that trucking accidents frequently result in catastrophic injuries and fatalities.

The consequences of being involved in a car accident can be overwhelming physically, emotionally, and financially. It is not uncommon that determining the driver who is at fault is a matter of dispute. Sometimes both drivers share some degree of fault for an accident. Even if you are partially at fault in an accident, it does not mean that you are not entitled to compensation for serious injuries you may suffer in an automobile accident.

Fisher Price, one of the leading brand names of children's toys, announced a massive recall of four separate products covering 11 million total units after injuries caused by the products created safety concerns. The Fisher Price recall covered tricycles, high chairs, toys with inflatable balls, and certain Little People toys. This massive recall is another in a history of recent problems for Fisher Price, which has had to recall products sixteen times since 2005.