Blog Archive - June, 2012

We have frequently addressed the issue of driver distraction and the significant impact of the use of cell phones and portable electronic devices in causing motor vehicle accidents. While federal traffic safety experts have been aware of the seriousness of the danger for years, no federal panel or agency has previously recommended that states ban all use of cell phones or portable electronic devices while driving. Many states, including Georgia, have taken steps to restrict the use of cell phones for text messaging and talking while driving, but no state has banned all use of the devices by drivers. This soon may change in the wake of new recommendations by the National Transportation Safety Board (NTSB). The panel recently concluded its investigation of a chain reaction fatal accident in Missouri last year, which was caused by a texting driver. The NTSB is now proposing a comprehensive ban on all use of cell phone or portable electronic devices while operating a motor vehicle.

The scenario has become so familiar that it almost has become a cliché in movies, television and popular culture. A driver is speeding down the roadway when a patrol car moves in behind, turns on the flashing red lights and/or siren and pulls the motorist over. When the officer approaches the vehicle, he tells the officer that he was rushing to the hospital for a medical emergency.

Although most people in Atlanta and throughout Georgia are aware of the serious risks associated with texting while driving, fewer realize that texting while walking can be equally dangerous. A growing number of states are enacting legislation to keep distracted walkers out of the path of motor vehicles. Distractions in and around Georgia roadways are always dangerous, but pedestrian accidents pose a particularly serious risk because of the lack of protection available to pedestrians when struck by a motor vehicle.

The Atlanta medical malpractice attorneys at Montlick & Associates discuss the issue of tort reform and how this issue has become a hot button topic for those on both sides of the political spectrum. Advocates of tort reform, who often are strongly influenced by medical malpractice insurance providers, strongly support the position that tort reform reduces health care costs. Medical malpractice insurance carriers contend that "frivolous lawsuits" drive up insurance premiums and result in more expensive health care for consumers because doctors practice medicine too defensively. The theory is that physicians order too many unnecessary tests because they fear litigation.

However, a new study on the impact of tort reform on health care costs in Texas found that there has been NO benefit to the public in the reduced health care costs resulting from tort reform.

Attorney David R. Montlick, CEO and Founder of Georgia Personal Injury Law Firm, Montlick & Associates, has been awarded the 2012 Southeast Patriotism Award from the Association of the United States Army. In addition to receiving the award, Mr. David R. Montlick was the keynote speaker at the Atlanta Chapter’s Annual Award Ceremony and Luncheon, which was held in Piedmont Park on May 20, 2012. In presenting the 2012 Southeast Patriotism Award, COL (Ret) US Army, and President Greater Atlanta Chapter, AUSA, Charles Guta cited David Montlick’s ongoing support of the military, including his firm’s production of over 300 Tribute to the Troop television messages which have collectively aired thousands of times across the state; providing attorney volunteers to advise Military Veterans about benefits; and awarding complimentary Orlando, FL vacation packages to dozens of military families, as part of an annual contest with WSB TV, Channel 2 in Atlanta.

Georgia Injury Attorneys Montlick & Associates is proud to support the Association of the United States Army Greater Atlanta Chapter's Annual Golf Tournament held each summer to honor the Army's Birthday. On June 12, 2012 over 80 Soldiers and volunteers joined together at the Atlanta National Golf Club to celebrate the Army's 237^th Birthday. Montlick & Associates proudly sponsored an “All Soldier” team which allowed four Soldiers to enjoy the day's activities which included golf, lunch and an evening reception. The AUSA is a private, non-profit, educational organization that supports America's Army - Active, National Guard, Reserve, Civilians, Retirees, Government Civilians, Wounded Warriors, Veterans, and family members. Made up entirely of volunteers, the AUSA provides recreational and educational opportunities to Soldiers and their families. Most importantly, they support our deployed Soldiers and families left behind. AUSA and its' local chapters have contributed over $2,000,000 to awards, scholarships, and support of soldier and family programs.

Many parents of small children who were aware of the LATCH system (Lower Anchors and Tethers for Children) presumed that it increased the protection provided by a child safety restraint during a car accident. While the system did provide easier installation of a child car seat, federal regulators have now determined that the car seat system is not safer in certain situations, so parents will be warned not to use the bottom anchors of the LATCH system beginning in 2014.

The vast majority of motor vehicle accidents involving all types of vehicles, including cars, trucks, SUVs, motorcycles and tractor-trailers are caused by human error. An interesting test of new anti-collision technology involving cars that can communicate with each other may hold the key to future accident safety by taking human error out of the equation. Michigan will be implementing a test this summer that involves 3,000 “talking cars” that are designed to prevent collisions by communicating locations, speed, hazards and other information to vehicles, which then warn drivers of a potential problem or apply the brakes to prevent a car crash.

Summer is here which means no school and lots of fun for teens, but it also marks the most dangerous time of year for teen drivers. Seven of the ten deadliest driving days for teen drivers are between Memorial Day and Labor Day. The summer period constitutes the hundred days with the most fatal car accidents involving teen drivers. This is not a statistical anomaly but a predictable result of having inexperienced drivers traveling more miles. Parents also tend to be more lax about allowing their kids to use the car during the summer months. The increased risk to teen drivers makes it important for parents to discuss safe driving practices with their kids.

The Georgia Accident Lawyers at Montlick & Associates are proud to announce the firm’s sponsorship of a new music video, designed to empower kids to speak out against bullying. During the filming, more than 150 kids and adults joined together to film the music video of My Song for Taylor Swift. The song, written and recorded by 10 year-old Jolie Montlick, has already empowered kids to stand up and speak out against bullying. Once released, the video will have an even greater impact as it incorporates a number of inspiring scenes of kids doing the right thing when faced with bullying.

While a report released by the Centers for Disease Control (CDC) provides some encouraging news regarding declines in the number of drivers who report driving while intoxicated, the report also makes clear that drunk driving continues to be a serious issue.

While most people understand that it is not safe to text and drive, a substantial number of people continue to engage in this dangerous practice. Texting and driving has been deemed by federal regulators and public safety experts as the "new drunk driving." A jury verdict in a Mass. criminal case suggests this analogy to drunk driving is increasingly accurate. A teenage driver will spend 18 months in jail following his conviction for vehicular homicide and negligent operation while texting. The sentence was thirty months with one year suspended, but he had faced a potential maximum of four years of incarceration.