Blog Archive - April, 2011

Drivers throughout Georgia routinely ignore speed limits and drive at unsafe speeds, despite the associated danger and risk of serious injury or fatal accidents. Speeding is the most common driving law violation despite the fact that it is one of the leading factors that contribute to serious auto accidents. The cavalier attitude of many toward speeding is somewhat surprising when one considers how people view drunk drivers.

Disabled drivers who wish to operate motor vehicles in Georgia must take a driver’s test the same way as someone who is not disabled. Although examiners are trained to be aware of the fact that it may take someone with a disability a little longer to complete some maneuvers and that they may have specially equipped vehicles, the driver is still required to maintain the proper speed limit and abide by other traffic safety laws throughout their behind-the-wheel driving test.

At Montlick and Associates, Attorneys at Law, we know that expert witnesses can be an extremely valuable part of many personal injury lawsuits. Some types of expert witnesses that we use in Georgia personal injury cases include medical professionals, toxicologists, economists, pharmaceutical scientists, product experts, and others.

Schools used to be a safe place for children seeking educational and socialization opportunities, but violence is rising on school campuses throughout the nation, and Atlanta is no exception.

Skateboards are often considered toys, but they require a fair amount of skill and athleticism to ride safely. They can be a great source of enjoyment and can help children increase their agility, balance, coordination, and sense of self-esteem. It is important to remember that if children are not riding skateboards with safety in mind that they can suffer serious injuries, such as head injuries or even death.

Golf carts are not just used on golf courses anymore. They are increasingly owned by homeowners in private gated communities, retirement communities and in places of employment. Many of these golf carts vaguely resemble a traditional golf cart and are lifted, extremely fast and increasingly dangerous.

The minivan has been the stereotypical family car for years, with its ability to transport a large family and lots of luggage.   Few Georgia families who rely on minivans for their family transportation consider the potential for serious auto accidents involving the vehicles, but minivans have been subject to a massive waive of recalls over various safety issues that could easily cause auto accidents resulting in serious injuries or wrongful death. It is important to be aware of such safety issues and have them addressed to keep your family safe.

Utopian imagery of the impact of prescription drugs on people’s lives seems to be everywhere these days, including magazine and television ads. We see elderly people jogging through the park on a warm summer day and other scenes of tranquility.

Many motor vehicle accident injuries are not detected for months or even years after the time of injury. About six million people are injured in motor vehicle accidents annually. Out of those accidents, about 3 million injuries are whiplash-related and about 23% of those people develop chronic pain from these injuries.

Nearly 20,000 people are treated for carbon monoxide poisoning annually including severe brain damage and even death. Carbon monoxide poisoning frequently results from defective products including faulty or poorly vented fuel burning appliances such as fireplaces, furnaces, stoves and water heaters.

A serious auto accident can permanently change one’s life in fundamental and monumental ways. When a car accident victim suffers a serious spinal cord injury, the simple pleasures of walking hand-in-hand with one’s spouse or providing a piggyback ride to one’s child can be lost forever. There are approximately 20,000 spinal injuries in the U.S. every year.

Engineering or architectural negligence can be the main reason for many bridge and roadway failures. It's not often apparent that a bridge is going to fail before it does, but when it fails it usually collapses.

The National Safety Council released new traffic accident statistics that provide mixed signals. On the bright side, the data released indicates that the number of car accident fatalities declined in 2010. This decrease in accident fatality rates continues a trend of declining accident fatality rates over the last four-year period. However, there are also some discouraging signs in the data.

When one hears discussions about legislation involving distracted driving, most people immediately focus on distracted driving of automobiles on a highway. Unfortunately, distracted driving accidents involving boats and jet skis are becoming increasingly common on marine waterways, airways, and railways.

Anyone can be involved in a car accident, and statistics indicate the chance of a driver being involved in a car crash is not only possible but very likely at some point during one's lifetime. The National Highway Traffic Safety Administration reports that there are over six million car accidents in the U.S. annually. Car accidents result in over 33,000 deaths and another 2.9 million people being injured. The estimated societal costs of motor vehicle accidents are $2OO billion per year.

Many commercial truck drivers operate vehicles despite serious medical conditions that make it unsafe for them to be on the road. This is an alarming situation when one considers that the typical fully loaded big-rig may weigh in excess of 25 times more than an average passenger vehicle.

People typically assume that elevators are safe and that elevator accidents that cause serious injury are rare events. It is easy to assume that malfunctioning elevators do not exist outside the world of Hollywood movies. However, elevator accidents cause injury to over 11,000 people in a typical year according to data from the Consumer Product Safety Commission (CPSC).

The Lemon Law in Georgia is for the benefit of consumers of motor vehicles and is a law that requires the manufacturer of your vehicle to replace or buy back your vehicle under some circumstances if there have been repeated attempts to repair it to no avail.

Tractor-trailer accidents are amongst the deadliest for occupants of passenger vehicles. While increased regulation of the trucking industry and improved passenger vehicle safety standards have helped reduce some trucking accidents, such as those related to the use of illegal drugs or violation of hours of service rules, little progress has been made in preventing other types of trucking accidents.

The FDA has issued a new alert regarding the dangers posed by fake dietary supplements, which can cause serious injuries and even death. Many of the products being marketed as “dietary supplements” are fraudulent, but the bigger concern is that some are actually dangerous and can cause such adverse effects as heart palpitations, liver damage, kidney failure, stroke or death.

When someone suffers serious injuries in a Georgia car crash, slip and fall accident or is injured by a defective product, it is understandably a time of great anxiety. You may be recovering from serious injuries and struggling to deal with the financial pressure of being off work. The last thing most accident victims want to deal with is legal and insurance hassles. When it comes to preserving your legal rights to fair compensation after a serious accident, however, he who hesitates can lose his rights to make a claim.

Most people in Georgia have several types of insurance coverage designed to protect against a variety of risks, including auto insurance to protect against liability for auto accidents; homeowners insurance to protect against losing one's home and contents and against claims by others for injuries suffered as a result of the insured's negligence; and uninsured motorist (UM) coverage to protect against the risk of being injured and suffering damage to one's vehicle when involved in a car crash with a driver with no insurance.

Any Georgia auto accident can lead to serious injuries, permanent disabilities and serious financial consequences, including lost wages and overwhelming medical bills. An accident victim who seeks compensation for their injuries must deal with the headaches associated with fighting with the other driver's insurance company, which may attempt to deny the claim or offer a ludicrous amount for your injuries.

Hormone Replacement Therapy has become common for women who are suffering from the effects of menopause. Hormone replacement therapy (HRT) entails the use of hormones and progestins to artificially increase hormone levels and relieve menopausal symptoms including hot flashes. While prior studies have indicated a link between HRT and an increased risk of breast cancer, a recent study has found that women who have taken Prempro, which is manufactured by Pfizer, have double the risk of death from breast cancer when compared to breast cancer patients who have not taken Prempro.

Multiple studies offer compelling evidence that the clotting drug Trasylol poses serious danger of adverse side effects, including an increased risk of death. These studies have resulted in a slew of defective drug lawsuits filed by those who suffered serious side effects after taking Trasylol, as well as a FDA initiated halt to sales of the drug.

A recent report indicates that a study allegedly conducted by a Yale School of Medicine faculty member was not actually written by the faculty member, who simply signed off on the study which was used in a promotional scheme for GlaxoSmithKline's anti-depression drug Paxil. The controversial study that was allegedly written to promote Paxil sales only adds to criticism surrounding Paxil, which has been linked to such serious detrimental side effects as depression and suicide, dependence including withdrawal symptoms and serious birth defects of the heart.

MARTA is a vital means of public transportation in the greater Atlanta metro area. Sadly, the fear of being injured on the premises of a MARTA station because of inadequate security or poor maintenance continues to be more than an irrational fear.

The FDA approved Reclast in 2007 for treatment of postmenopausal osteoporosis and also for treatment of Paget's disease. Reclast was considered "safe" and serious side effects rare, but the next year the FDA issued a warning that there had been 24 cases of kidney failure and 7 deaths after people underwent Reclast infusions.

People visit Atlanta from all over the U.S. and routinely take tour buses to get around and see the city. Unfortunately, these tour bus companies are sometimes run by marginal companies that may disappear after a serious auto accident, only to re-emerge the next day as a new company.

Depakote (generic “divalproex sodium”) is an anticonvulsant medication that people take when they have seizures, migraines and bipolar disorder. Unfortunately, this once promising drug has been linked to serious side effects including liver failure and pancreatitis as well as serious birth defects including spina bifida.

The FDA has just issued a black box warning for the drug Terbutaline, which is an asthma drug used to prevent pregnant women from going into premature labor. Terbutaline is sold under the brand names Brethine and Bricanyl. The FDA recently announced that the drug should now be counter-indicated for this "off-label" use of the asthma drug, and is requiring that the drug carry a black box warning, which is the strongest warning required by the FDA.

The black box warning is the strongest warning used by the U.S. Food and Drug Administration (FDA) to provide consumer safety warnings and outline drug risks. A black box warning appears on a package insert or on the label of prescription drugs that may cause serious side effects.

Tractor-trailer accidents are among the most deadly of all motor vehicle accidents, whether in the Atlanta metro area or elsewhere throughout Georgia. In the case of auto accidents involving tractor-trailers and cars, the results of a collision frequently lead to severe damage, debilitating injuries and even death. The massive size of a tractor-trailer truck compared to an average-sized automobile means that it is usually the occupants of the other vehicle who suffer serious injuries.

According to statistics gathered recently by the National Highway Traffic Safety Administration (NHTSA), a fatal accident caused by an alcohol-impaired (drunk) driver will occur every 50 minutes somewhere in the U.S. Approximately 16,000 people are killed in alcohol-related crashes each year, and every other minute a person will suffer serious injury in an alcohol-related auto accident.

Pedestrian accidents account for eleven percent of all motor vehicle fatalities. Accidents involving pedestrians who are completely unprotected often result in injuries that are far more deadly than vehicle-on-vehicle accidents. This is due to pedestrians lacking any of the numerous safety protections of a car, truck or SUV.

Under extreme pressure to meet their deadlines, UPS drivers and other delivery drivers often end up in avoidable accidents that cause serious injury or wrongful death to others. In the past two years, UPS trucks have been involved in over 1,399 accidents resulting in over 519 injuries and over 35 fatalities according to the Federal Motor Carrier Safety Administration (FMCSA).

Local Atlanta weather reports indicate that rain is on the way later in the week, which means that it is important to slow down and take extra care when driving. Wet roadways are a common cause of serious auto accidents that may be caused by hydroplaning.

A Taser is capable of sending an electrical shock of 50,000 volts. It works by firing two barbed nitrogen-propelled darts into skin or clothing, and then the 50,000 volt shock is delivered. The Taser can also be held against someone's body while the trigger is being pulled. The darts do not fire, but the shock is delivered. This is called the "drive stun" mode.

It is that time of year again when Spring is just around the corner, trees are starting to bud and the lawn is going to start growing rapidly. Many people with large lawns that would be ridiculously time consuming to mow with just a standard lawn mower opt to purchase a riding lawnmower to make the job easier.

The trampoline is a very popular toy, with roughly three million owned in the United States according to the Consumer Product Safety Commission (CPSC). It is easy to see why trampolines are so popular as they are entertaining and excellent fitness tools due to their low-impact muscle-building and cardiovascular fitness effects. Unfortunately, trampolines can also be the cause of serious debilitating accidents that result in catastophic injuries and even death. The serious risk of injury from a trampoline is most frequently linked to defects in the design or manufacturing of the trampoline, inadequate instructions and warning regarding assembly or use and poor supervision by homeowners.

Many people throughout Georgia do not realize that while SUVs are prone to rollover, there are basic steps that a typical driver can take to reduce their risk of being involved in a serious SUV rollover accident. There are a number of developing technological innovations on the horizon which may eventually make SUVs much safer both in terms of reducing their tendency to rollover and the seriousness of resulting injuries.

Spring break is upon us, and families are getting ready to travel for vacation or to visit relatives while college kids prepare to leave for various destinations for spring break. Many of these holiday travelers plan to drive rental cars and presume the vehicles will be safe and free from defects.

In what is becoming an alarmingly regular event, another recall of Tylenol has been announced. The manufacturer of Tylenol, McNeil Consumer Health Care, a subsidiary of Johnson and Johnson, has announced a recall of over 800,000 bottles of Tylenol, Benadryl, Sudafed PE and Sinutab.

Parents all over Georgia take their children to playgrounds in public parks so that their children can exercise and play. As children run and play, most parents never imagine the potential danger that can be posed by defective playground equipment that lacks adequate safeguard or is poorly designed.

According to estimates from OSHA, forklift accidents cause about 100 fatalities a year, and 61,800 injuries with over 34,900 of those injuries being serious.

Center of Disease Control and Prevention data indicates that the leading cause of death in young adults and children is head injuries. Head injuries account for 44 percent of all injury-related deaths in the U.S. Over 1.5 million Americans sustain head injuries every year with 80,000 of those injuries resulting in irreversible damage.

There are many precautions taken to protect our children when they are walking to and from school or disembarking the bus at school. However, despite special school zone warning signs, reduced speed limits, flashing bus warning lights and crossing guards, dozens of school children are struck by motor vehicles in Georgia annually- often suffering serious injuries and even death.

Many serious auto accidents in Atlanta and throughout Georgia are caused by those with a medical condition. A person with a seizure disorder, such as epilepsy that causes lapses in consciousness, puts others at risk when climbing behind the wheel of their car, truck or SUV.

There are an increasing number of facilities that specialize in caring for the elderly. In addition to nursing homes there are facilities that are called assisted living, group homes, or adult day care homes, and they are a bit different than traditional nursing homes. If you move a loved one into any of these facilities, it is very important to monitor your loved one for signs of abuse or neglect, including the development of bedsores. Bedsores are otherwise known as pressure ulcers, pressure sores, or decubitus ulcers. Bedsores have caused serious medical problems and even death for some patients in these types of facilities that are negligent and fail to provide adequate care and assistance for residents.

Spring break is a time when many college students from the University of Georgia and universities around the country depart for a week of drinking and celebrating. Given that alcohol and partying is a significant part of most spring break celebrations, this is a very dangerous time for Georgia motorists. Drunk driving is one of the leading causes of serious car accidents and traffic-related fatalities. It is estimated that over three million college students operate motor vehicles while under the influence of alcohol each year. Data shows that alcohol use by college students results in almost six hundred thousand injuries and almost two thousand deaths of college students per year. This does not include other drivers, passengers and pedestrians that are seriously injured or killed in accidents involving college students who are under the influence of alcohol.

Automobile accidents are the leading cause of death of children in Georgia between the ages of 2 - 14 years based on Georgia Health Department statistics.

Many people use self-storage facilities in Atlanta and throughout Georgia but have no idea the danger that lurks in those facilities that are poorly supervised and maintained. These premises are often run and managed by a single person or elderly couple who are responsible for renting storage units, maintaining records and performing maintenance and all other duties associated with the operation and management of the facility.

Recently the Three-Foot Safe Passing Bill passed unanimously in the Georgia House Public Safety Committee. The full house will be voting on the bill soon. Whether the bill will pass when it is put before the House for a full vote is still unclear. The pending legislation would require that drivers of cars maintain at least 3 feet of space between their car and a bicycle traveling on the roadway. If the bill becomes law, Georgia will become one of 16 states that establishes a minimum distance that must be maintained between cars and bicycles.

In the wake of two fatal bus accidents in New York, the city has launched a sting aimed at rogue bus companies. New York suffered two fatal tour bus crashes in a matter of only a couple of days, one of which tragically resulted in fifteen deaths.

An interesting new program has been launched by Allstate Insurance that involves installing a device on vehicles that is designed to record data on the driving practices of policyholders, in an attempt to reduce the number of car accidents by policyholders. While participation in the program is voluntary, policyholders that participate can receive discounts based on the results of data recorded and cannot be penalized. The device will monitor and record data relevant to auto accident risks like distance driven, sudden braking and speed.

There are over six million accidents in the U.S. annually, which result in over three million people suffering injuries and another 40,000 being killed. The variety of factors that may contribute to serious auto accidents may include inattentive drivers, alcohol impairment and a multitude of other unsafe driving practices. However, speed is arguably the single most dangerous driving practice. While it may not surprise many to know that excessive speed increases both the number and seriousness of auto accidents, most would be surprised to know that extreme differences in speed between motorists on a roadway also substantially increase the risk.

Despite extensive measures to reduce accident rates involving teen drivers, they continue to cause many serious auto accidents throughout Georgia, resulting in catastrophic injuries and wrongful death. Because of coverage issues or insurance limits, it is sometimes necessary to seek compensation directly from assets of the negligent party in a Georgia auto accident case. Unfortunately, this can be problematic if you are involved in a serious auto accident with a teen driver on Atlanta roadways because most teenagers are “judgment proof,” which essentially means they lack the income or assets to satisfy a personal injury judgment.

Drunk driving continues to be a leading cause of auto accidents resulting in almost 11,000 motor vehicle fatalities annually or one every fifty minutes. The economic toll of drunk driving accidents is also high as it has been estimated that drunk driving costs the average American $500 per year. While increased DUI sentences, more aggressive enforcement of DUI laws and other legal measures have helped reduce DUI rates, these laws do little to prevent drunk driving by habitual offenders.