Blog Archive - December, 2010

Failure to yield right-of-way is one of the leading causes of accidents and is responsible for approximately 14.7% of all car crashes. A failure to yield accident is a car collision that is caused by a driver's refusal to follow right-of-way rules. Many motor vehicle accidents, particularly side-impact collisions, pedestrian accidents and collisions with bicycles are caused by a failure to yield the right-of-way.

Winter is a dangerous time for drivers with bad weather creating poor visibility and slippery roads. Many drivers drive too fast for road conditions or are involved in serious car accidents because of insufficient road maintenance, confusing signs, and dangerous roadway design. Some roadways are inherently dangerous because they are designed poorly, whereas others become dangerous when combined with other factors such as distracted or careless drivers or adverse weather.

Most people never consider the danger involved when simply walking through a parking lot to go holiday shopping, but adverse weather can make sidewalks slick from rain or ice which can result in very serious injuries. There are daily hazards that we never think about including icy sidewalks, wet and slippery grocery store floors and wet mall floors from rain tracked in on people's clothes and shoes. While you may think serious slip and fall accidents are rare, a study by the Centers for Disease Control (CDC) found that falls cause more open wounds, fractures and brain injuries than any other type of accident.

Toyota has settled a wrongful death lawsuit brought by the family of four people who died in a fatal unintended acceleration lawsuit involving a runaway Lexus that accelerated to over 120 mph when it crashed. The fatal traffic accident resulted in the death of an off-duty California Highway Patrol officer, his wife, their daughter and the trooper's brother-in-law. The fatal car accident focused national attention on sudden acceleration problems with Toyota vehicles and led to the recall of millions of cars and SUVs.

We have written recently in this blog about the dangers posed to small children by vehicles that are backing out of a driveway. A tragedy this week serves as a grim reminder of the serious risk posed to children by drivers backing out of driveways. A 10-year-old Clayton County boy was playing basketball when a car backing out of the driveway struck him. The boy was struck, driven through the garage door and pinned against the wall.

A Marietta woman was killed when she was involved in a head-on collision Monday night after her passenger vehicle crossed the centerline and crashed head-on into an SUV. Head-on collisions like this one are the most deadly of all motor vehicle accidents. The force of the impact created by the speed of both vehicles when moving toward one another is exacerbated when one of the vehicles is heavier like an SUV.

This past Christmas holiday weekend tallied four fatal car accidents in Georgia just between Thursday at 6 p.m. and the succeeding 48-hour period. The fatal crashes occurred in Dalton, Jasper, Albany and in the Savannah-Chatham area. The Georgia State Patrol reported that they had already handled 243 crashes resulting in 108 injuries during that period. Traffic safety officials were warning of the increasing danger from roads turning icy Saturday night. Atlanta's first white Christmas in 128 years is creating a significant risk of car accidents caused by icy roads.

The growth of technology has created a multitude of distractions for drivers including texting on mobile devices, talking on cell phones, reading Ebooks and playing games or watching movies on iPods. These increasing distractions mean that the number of drivers speeding through red lights and causing fatal accidents will continue to rise. Drivers who run red lights are a leading cause of auto accidents, which result in nearly a thousand fatalities and about 90,000 injuries annually.

No matter whether you are walking around the block on a quiet suburban street or making the trek to the store along a busy highway, pedestrians who lack any physical protection are always at risk from motor vehicle accidents. This risk is increasing with the growing number of hybrid cars like the Toyota Prius. Hybrid vehicles idle quietly with engines that are virtually inaudible at less than twenty miles per hour.

Run-off roadway accidents often involve only a single vehicle but are among the most deadly types of motor vehicle accidents. A run-off road accident is a type of single car accident that occurs when a vehicle leaves the roadway. Although run-off roadway accidents account for only 16% of auto collisions, they account for 31% of all auto accident fatalities.

If you are out celebrating for the holidays and are thinking about taking a chance and driving home, you may find yourself subject to an aggressive new enforcement tool being used to curtail drunk driving during the holiday season. The U.S. Transportation Secretary Ray LaHood has announced a new drunk driving enforcement policy that will be used as it begins its annual "Drunk Driving. Over the Limit. Under Arrest." holiday season crackdown on drunk driving.

Christmas week is here and Georgia residents are busy with Christmas and New Year's Eve parties and last minute shopping. While this is a wonderful time of year filled with joy and happiness for many, it is also a time with high car accident rates and tragedy for others. The brutal weather that has hit Atlanta has only exacerbated the high accident risk associated with increased drinking and driving during the holidays. While public education campaigns, more aggressive enforcement of DUI laws, and stiffer DUI sentences have helped reduce drunk driving, many people still have a sense of invincibility and will choose to get behind the wheel of a car and drive home from holiday parties.

Lowes announced it is joining a long list of retailers who are part of a massive recall of roman shades and roll-up blinds. It is surprising that these shades continue to be manufactured because of the near strangulation incidents related to their defective design. The recall covers about six million Roman shades and five million roll-up blinds.

Many people throughout Georgia are busily preparing for the holidays by making travel arrangements including reserving rental cars. What many travelers may not know is that their rental cars may have product defects subject to recall that are not corrected by the rental car company prior to renting the car. The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the magnitude of the problem, following a $15 million settlement by Enterprise.

Volkswagen has announced a voluntary recall of 377,286 cars because of fire risk from friction on the vehicle fuel line. According to the National Highway Traffic Safety Administration (NHTSA), a small plastic tab on the windshield washer fluid reservoir can rub against the fuel line under the hood and cause a fire to ignite. There is also concern with the new Beetle and new Beetle convertible vehicles having a fastening clamp on a hydraulic hose for the power steering system which may not be positioned properly, causing it to rub against the fuel supply line under the hood.

Last week we published an article in this blog about the serious danger posed to toddlers and other small children from back up accidents including vehicles pulling out of driveways. How serious is this danger? The Atlanta Constitution-Journal reported that a Cobb County toddler was hit and killed when he wandered behind his father's Toyota Tundra as his father backed out of the driveway on Saturday.

Rear end accidents are the most common type of motor vehicle accident, and over 2.5 million rear end accidents occur annually. Rear end accidents are also known as "whiplash accidents" because they frequently result in whiplash type injuries to occupants of the vehicle that is rear ended. Though rear end accidents may occur at low speeds, they can be deadly. Rear end accidents can result in very serious injuries but can be extremely challenging, especially where there is minimal visible damage to one's car. With little property damage, insurance company adjusters typically try to persuade rear end accident victims to settle cases quickly and cheaply. Adjusters will often argue that the lack of obvious vehicle damage means that there cannot be any significant injuries. But that is simply not correct.

Drivers who are impatient and allow it to affect their driving can cause car accidents that result in serious injuries and even fatalities. A driver crashed into another vehicle before crashing into a building in Marietta Square this week while impatiently trying to pass another vehicle on a narrow one-way street. Aggressive drivers who are too impatient to obey traffic laws and follow safe driving practices are risking their own safety and the safety of other drivers. Traffic safety experts consider aggressive driving to be a progression of unlawful driving actions such as speeding, improper or excessive lane changing, improper passing or passing on the shoulder.

The trucking industry generates an estimated revenue of 255.2 billion annually. Tractor-trailers can be a valuable tool allowing companies to transport merchandise and supplies to stores and businesses. Most truck drivers are well-trained and professional. It has been estimated that we share the roadways with as many as 3.3 million tractor-trailers. But the vast reach of the trucking industry also has a darker side.

A hip replacement can provide a new lease on life for those who suffer serious hip injuries that might otherwise prevent such simple tasks as walking. Hip replacement surgery is costly and can be very painful with a trying rehabilitation and healing process. Given these challenges, it is shocking to see the number of lawsuits against Johnson & Johnson DePuy Orthopaedics which allege that the company knew that their defective hip replacement medical devices had an unacceptably high failure rate, yet did not provide adequate warnings to medical providers or their patients.

A teenager suffered fatal injuries last Tuesday night when he was run down by the driver of a passenger car on Pleasant Hill Road according to Gwinnett County police. The driver heartlessly drove off after striking the teenager. Hit and run pedestrian accidents like this one are more common than they should be and frequently lead to serious injuries. A driver who is involved in a hit and run accident with a pedestrian may face both criminal and civil liability. Pedestrian accidents involving children are particularly common during hours that children may be walking to or from school.

Backing out of our driveway is second nature to most drivers, typically performed without much concern for the real risk of a collision with a small child or other motor vehicle. However, the risk of backup motor vehicle accidents is significant given the larger blind spots associated with trucks, SUVs and vans. A backup auto collision occurs when someone backs up their motor vehicle and hits a pedestrian, motor vehicle or some other object. The larger the vehicle the more area that is not visible in the car's rearview mirror.

This is the season for giving, sharing and joyous celebrations. It is also the season for serious auto accidents for many people in Atlanta and elsewhere around Georgia. Winter weather hit Georgia with snow flurries on Wednesday in all the major metro counties including Gwinnett, Cobb, Fulton and DeKalb. Atlanta drivers were involved in over 1,000 motor vehicle accidents with wet and icy roads causing havoc.

A pedestrian who is involved in a collision with a motor vehicle on a highway faces challenging legal issues. Just as a driver has a legal obligation to exercise reasonable care for the safety of pedestrians, pedestrians themselves have an obligation to take reasonable care for their own safety. Pedestrian accidents, particularly those that occur on a highway, involve questions about the liability of a pedestrian for one's own injuries.

Tragically, an eight year old boy drowned while in the care of camp counselors. Prior to the child attending the camp, his parents had signed a waiver releasing the camp from liability. The attorneys representing the camp attempted to use this as a defense to accepting liability for the negligence of the camp counselors, but their argument was not successful. $4.8 Million Dollars was recovered for Montlick & Associates' client.

Katadyn North America and the U.S. Consumer Product Safety Commission (CPSC) announced a recall of Optimus Nova and Nova+ camping stoves and equipment. The stove's fuel line can leak, or damage to the O-rings can create a potential fire hazard for consumers. Stove serial numbers QA000011 through QA007313 are included in this recall. The serial number and "Optimus" are printed on the side of the camping stove. Pumps and spare parts kits also were sold separately.

An Oconee County youth pastor has been arrested and charged with rape and child molestation amid allegations that he carried on a nine-month sexual relationship with a 15-year-old girl. The girl and her family were members of the Monroe Church of Christ, where Brian Richard Gray served as the youth pastor. Even more disturbing, the pastor allegedly engaged in inappropriate sexual conduct with the teen in her family's home when her parents were not home.

Commercial trucking accidents are among the most deadly types of accidents because of the enormous size and weight disparity between a big-rig truck and a passenger vehicle. Many times commercial trucking accidents are the result of improper loading, handling or weight distribution of freight. Overloaded commercial trucks or trucks that are not loaded according to trucking industry standards and regulations pose a variety of risks.

A person is injured in a car accident every 14 seconds while someone is killed in a car crash every 12 minutes in the U.S. Motor vehicle accidents involving passenger vehicles, tractor trailers, motorcycles, SUVs and pedestrians frequently result in life-changing catastrophic injuries. When a family is faced with such a tragedy, the stress, grief and financial toll can be overwhelming. Many families are so busy caring for their loved one and overwhelmed with grief and anxiety that they have little time or energy to invest in selecting a personal injury attorney to help seek financial compensation.

Millions of employees throughout the U.S. are exposed to the risk of being injured in a motor vehicle accident while on the job. Estimates place the number of employees that operate motor vehicles as part of the their job duties at 3.9 million. Forty percent of those who operate motor vehicles as part of their job operate a heavy truck such as a tractor-trailer. Motor vehicle accidents are the leading cause of job related fatalities, accounting for 35% of all work related fatalities.

There has been discussion among traffic safety experts for some time about the prospect of introducing technology into cars that would disable cell phones. A study of cell phone use on accident rates indicates that distraction from cell phone use contributes to 342,000 auto accidents per year resulting in 12,000 serious injuries and 2,600 fatalities. Though legislation has been enacted in some states to limit using cell phones to make calls and/or text while driving, many people continue to violate these laws, resulting in an enormous toll in injuries and deaths costing an estimated $43 billion dollars annually in damages including lost wages, medical expenses and property damage.

Montlick & Associates, Attorneys at Law is proud to honor Alex Chisum, wide receiver from Sandy Creek High School, as the “2010 Montlick & Associates’ Athlete of the Year.” We commend Chisum for his performance both on the football field and in the classroom. In the regular season, Chisum made more than 30 catches for over 700 yards, and helped lead the Patriots to an undefeated regular season. In October, Chisum set a new Sandy Creek record for career receiving yards; breaking the previous record of Calvin Johnson, former Yellow Jacket All-American and now wide receiver for the Detroit Lions. Chisum is also a three sport standout athlete, and a member of the National Honor Society. The 2010 Montlick & Associates' Athlete of the Year credits his parents for all his success: “They’ve really been the backbone for where I am right now. Without them, none of this would have been possible.” Chisum plans to attend the University of Cincinnati next year on a full athletic scholarship.

Over 9,000 people per year are tragically killed in side impact or (T-bone) crashes, with only head on crashes resulting in a higher rate of fatalities. Side impact crashes, which are also known as a T-bone crash, or a broadside crash, occurs when the side of a car is hit by the front or back end of another motor vehicle.

Post-Traumatic Stress Disorder (PTSD) is a debilitating legacy of one's military service for millions of veterans. Despite its prominence among military veterans, PTSD claims can be among the most complicated and time consuming. Many PTSD claims are denied, or it can take years to obtain benefits. If a claim for PTSD is filed by a veteran who was in combat, they must show a stressor (specific event or incident that caused the condition) that is consistent with the nature and circumstances of combat service.

L.L.Bean in conjunction with the U.S. Consumer Product Safety Commission (CPSC) has announced a voluntary recall of a fabric camping rocker due to a defective design that can result in the rocker collapsing. The camping rocker is defective because the plastic clips that anchor the plastic seat back to the frame can break, creating a risk of falling. Several such falls resulting from the plastic clips breaking led to the recall.

There is an increasing trend in many states including Georgia to place cameras on traffic signals which has caused an ongoing debate about whether such measures are a cost-effective way to prevent serious auto accidents or simply a revenue source for municipalities. Supporters of such measures believe that these cameras which take a picture of a car's license plate reduces traffic accidents related to running red lights and speeding violations near intersections. Critics of these cameras and stricter enforcement of traffic laws generally contend that red light cameras and increases in issuing traffic tickets are more about filling the public coffers than motor vehicle safety.

While many Georgia drivers are extremely cautious when they drive, statistics indicate that if you drive the roadways of our state you will more than likely be involved in an auto accident at some point during your lifetime. Nationally there are in excess of six million auto accidents annually which result in over 2.9 million injuries and forty thousand fatalities. Given the virtual inevitability of being involved in a car crash, drivers should do all that they can to minimize the injuries suffered when they are involved in a motor vehicle accident. While no motor vehicle can completely eliminate these risks, many cars come with features or lack features that impact the degree of safety the automobile offers its occupants. At Montlick and Associates, Attorneys at Law, we have been representing those injured in serious auto accidents throughout the Atlanta area and all of Georgia for over 25 years. We have provided some suggestions for safety features that can help protect you and your family when negotiating Georgia roadways.

The death of a loved one is an emotionally trying time which is made even more challenging when the death is caused by another person's negligent or intentional conduct. When faced with such a crisis, a family faces enormous emotional and financial challenges.The loss of someone we love in a tragic accident or through an intentional act, like an attack, can make dealing with financial decisions and whether to bring a legal claim the last thing from one's mind.

A fatal head-on auto accident on busy U.S. 29 in Gwinnett County early Monday morning resulted in tragedy with both drivers being killed in the fatal car crash. Law enforcement authorities indicated that one of the vehicles crossed the centerline into oncoming traffic at a high rate of speed. The sad death of both drivers is a grim reminder of the frequent catastrophic injuries and fatalities that often result from head-on collisions.

The holiday season is here and many companies have holiday parties. These celebrations can have a much darker side because they may end in employees leaving the function and driving home even though their driving ability is impaired by excessive alcohol consumption. Almost 12,000 people are killed in fatal alcohol related auto accidents each year.

Black Friday has come and gone, and many parents are in the process of doing their Christmas shopping for their children. However, many unsafe toys on the market for Christmas can pose a serious risk of injury or death to one's children. There have been over 44 toy recalls during the fiscal year 2010 that ended in September and several subsequent toy recalls during the last couple of months. Many of the most dangerous toys including those subject to a recall have been on the market for months or even years. The U.S. Consumer Product Safety Commission (CPSC) reports that over 185,900 children were treated in emergency rooms with toy related injuries during 2009.

A Georgia woman was killed after she drove into the back of a tractor-trailer that was parked on I-285 after being involved in a prior accident with another commercial truck. This tragic accident is a reminder that small passenger vehicles do not fair well when they are involved in collisions with tractor-trailers that may be ten times their weight. It is unclear why the woman drove into the tractor-trailer or what had caused the prior accident involving the tractor-trailer. The woman was believed to have been traveling at a high rate of speed when she collided with the back of the tractor-trailer.

The nursing home industry has been rocked by large verdicts in recent months for abuse and neglect of elderly residents. A $42.75 million jury verdict in a case involving a 92 year old man who died of dehydration and malnutrition after only nine days in the facility may be the most appalling of these recent cases. The man was a former WWII veteran and had been very active until a stroke when he was 90. In a case that shocks the conscience, the man was dehydrated, malnourished and his body riddled with bedsores when he arrived at a hospital and died just nine days after being admitted into the nursing home. While this case is particularly shocking, unfortunately this is not an isolated problem; nursing home abuse and neglect is a serious problem.

Results of a new study have just been released by the National Highway Traffic Safety Administration (NHTSA) indicating that the frequency of drug involvement in fatal auto accidents may be increasing. The study found that 13,732 drivers who were killed in motor vehicle crashes in 2009 were tested for drugs. Among drivers who were tested for drug involvement, 3,952 tested positive for drugs in their system, which amounts to 18 percent of all fatality traffic accidents during 2009. This represents a 5% increase from 2005.

A massive recall has been issued by General Motors (GM) that affects 322,409 Chevy Impalas that were manufactured in 2009 and 2010. GM has indicated that the seat belt webbing in the vehicles covered by the recall may not have been fastened correctly to the lap belt anchor. This defective assembly could mean that the seat belt fails during a serious motor vehicle accident, which would leave the vehicle occupant unprotected. The defective seat belts do not meet the minimum U.S. Motor Vehicle Safety Standards for seat belt assembly anchorages.

Three recent tractor-trailer accidents remind us that the holiday season marks the beginning of a period that typically sees an increase in commercial trucking accidents. The period between Thanksgiving and Christmas typically sees a significant spike in the number of tractor-trailer accidents resulting in an average of 572 trucking accident related fatalities during that period. Commercial trucks always pose a greater risk to motorists than other vehicles because of their massive size and weight, which means longer braking distances, reduced visibility and slower response time.

Bassettbaby in cooperation with the U.S. Consumer Product Safety Commission has announced a voluntary recall of 90,000 drop-side cribs with external plastic hardware because of a risk of entrapment, which can cause suffocation or strangulation. The drop-side rail can partially detach from the crib and create a space between the drop-side and crib mattress where an infant can become entrapped. The drop side rail can also become partially detached as a result of incorrect assembly or broken or worn out hardware.

Thanksgiving weekend is a time for family celebrations, football and eating way too much, but the holiday weekend is not always a positive experience for everyone in the Atlanta area or elsewhere in Georgia. Sadly, Thanksgiving is a time of life changing tragedy for many Georgia families involved in deadly auto accidents. Over the Thanksgiving holiday, there were 520 Georgia car accidents resulting in 11 deaths and 231 injuries.

We have previously written on this blog about the wave of Atlanta area school bus crashes that have occurred over the last couple of months, including one crash that led to the tragic death of a child. Unfortunately, it appears that the disturbing trend continues as a Gwinnett County school bus was struck by a passenger vehicle driven by a pregnant woman at an intersection last Friday. Preliminary reports indicate that the pregnancy was not affected, but several school children had to be taken to the hospital for treatment of their injuries.

A serious automobile crash in Henry County, Georgia 10 days ago, that involved an ambulance, left one woman dead and several more injured, including two children. According to reports, the ambulance was engaged in a non-emergency transport and was not speeding or using its siren or flashing lights. A woman who was a passenger in the other vehicle was killed, and both the mother and child who were being transported in the ambulance were injured.