Blog Archive - October, 2013

While it may not come as a surprise to some that Halloween celebrations can be marred by pedestrian accidents and collisions involving those who had too much to drink at a Halloween party, many never consider the potential danger presented by the annual tradition of visiting a haunted house. While you may never have considered the potential risk of injury when visiting a venue designed to scare patrons, it is worth keeping in mind that people are asked to navigate these unfamiliar settings with little or no light. Given this lack of light and people hiding in the dark to scare visitors, falls and similar accidents can occur resulting in head injuries, broken bones and even wrongful death.

Our Georgia Auto Accident Lawyers have previously discussed the prospect of autonomous vehicles that are self-driven in this blog. A new study provides interesting data that suggests the potential limitations and problems this technology could promote may be justified by the benefit in saved lives and financial savings. The new study was conducted by the Eno Center for Transportation, which is a Washington think tank, and published in the American Association of State Highway and Transportation Officials (AASHTO) journal.

While dialysis is an essential and lifesaving procedure for many people suffering from kidney failure and disease, there has been a wave of lawsuits filed by those who suffered severe adverse effects like stroke, heart attack, cardiac arrest and other dangerous medical conditions after receiving dialysis treatment with GranuFlo® and NaturaLyte®.  These dialysis products have been recalled because they have been linked to a sudden and unsafe increase in bicarbonate levels in the blood that can cause serious cardiopulmonary arrest and even death according to the FDA.  In recognizing the risk associated with GranuFlo® and NaturaLyte®, the FDA issued its most serious Class I recall designation covering these medical products effective March 29, 2012.

Whether it is at a Halloween amusement attraction, October Fest or a holiday carnival, we are heading into the time of years when many people stream to fairs and carnivals set up to attract families during the busy holiday season.  We have previously advised consumers about potential dangers at fairs and carnivals in this blog, but these seasonal amusement attractions sometimes continue to pose dangers due to hasty assembly, lax safety standards, improperly trained ride operators and many other safety issues.

The funeral this month of a 12-year-old-girl who committed suicide by jumping from a building following an apparent ongoing pattern of bullying serves as a tragic reminder that “sticks and stones” are not the only way to cause severe emotional harm.  The power of words can have serious emotional consequences that exact a physical toll.  These effects have never been more apparent than in this age when social media like Facebook and other websites allow insulting and disparaging comments to be broadcast in an instant to an audience of virtually unlimited size.  The notion of an isolated insult made by one kid to another on the playground has been replaced by the ability to engage in a pattern of relentless disparaging comments and false allegations by coordinated harassers that reach everyone close to a victim in an instant.

Although alcohol impaired drivers pose the greatest risk to the safety of those who travel the roads and highways of Georgia, the prospect that you or a loved one will personally be the victim of a driver who commits DUI is something that tends to be dismissed as highly unlikely. Unfortunately, most people know someone during their lifetime who has had a family member severely injured or taken from them by a driver impaired by drugs and alcohol. With Halloween approaching, kids soon will be exposed to this danger when dressing in their costumes and wandering the streets at night in search of candy and other treats.

The FDA has increased its scrutiny of hydrocodone, which is an opioid drug used in cough syrup and pain medication, because of concerns about the risk of serious injury and death associated with overdoses from the highly addictive drug.  Medications that contain hydrocodone, which constitutes the most widely prescribed drug in the U.S., will now be subject to the same restrictions as other opioid narcotic drugs like morphine and oxycodone according to a new FDA policy included in a notice just published online.  If you or a loved one suffers serious side effects or even a fatal overdose from use of a drug containing hydrocodone, depending on the circumstances you may have the right to seek financial compensation for your injury or the death of a loved one.  Our dangerous drug attorneys at Montlick and Associates are committed to providing aggressive legal representation on behalf of victims of large pharmaceutical companies that harm consumers with unsafe drugs.

Fraud within the healthcare industry costs Americans more than $100 billion a year and causes harm to vulnerable segments of society such as seniors and those struggling with low income according to a recent CNNMoney report. Complaints filed and prosecuted by whistleblowers are the single most effective way to fight this type of fraud against the government, which make healthcare costly for so many people.

Many people make the decision to negotiate a settlement for their Georgia car accident claim directly with the other driver’s insurance company.  Their hope is that the case will settle more rapidly without complicated legal maneuvering and that the injury victims will recover more compensation because there is no need to pay a percentage to a law firm.  This type of strategy can be extremely risky because a common best case scenario involves the case settling for an amount that is far less than the injury victim is entitled to receive, while the worst case scenario is that the car accident victim walks away with nothing.

One of the key differences between semi-truck accident claims and other types of motor vehicle accident lawsuits involves the discovery process.  The ability to prove liability in a tractor-trailer accident case frequently turns on discovering evidence that shows the truck was not being operated in a safe manner or that necessary maintenance or trucking regulations were disregarded.  Because trucking companies are frequently involved in litigation arising out of accidents involving their big-rigs, they are prepared for litigation.  The trucking industry also has a reputation for many times conveniently altering or “losing” evidence when facing the prospect of a trucking accident legal claim.

While it might seem obvious that electronic distractions like iPads, smartphones, iPhones and tablet computers can be dangerous when a person is walking in the vicinity of railroad tracks or a subway train, there are an increasing number of pedestrians being struck by moving trains.  According to a recent article in the USA Today, many transportation experts are convinced that accidents in which pedestrians are struck by trains on subway tracks, freight train crossings and light rail tracks are on the rise.

While bicycles provide a healthy and environmentally friendly way to navigate the roadways of Atlanta and the surrounding areas of Georgia, cyclists are far more vulnerable to injury than vehicle occupants surrounded by thousands of pounds of metal.  While bicycles lack the safety advantages of other vehicles, bicycle helmets can help prevent severe head injuries that may result in impaired cognitive function and other forms of permanent disability.  Although children are the most ardent cyclists, their rate of helmet use is lower than adults.  The Centers for Disease Control and Prevention (CDC) estimates that seventy percent of kids from age 8 to 14 ride bicycles, but national data on helmet usage by kids only ranges from 15 to 25 percent.

Halloween costumes, makeup and accessories are becoming increasingly sophisticated and realistic, but one popular new trend for aspiring monsters and zombies could pose a serious risk for unsuspecting users. Many young people are using nonprescription contact lenses with various colors and patterns. Despite the availability of these contact lenses in Halloween stores, it is illegal to sell these Halloween accessories because they are so dangerous according to the Food and Drug Administration (FDA). Because these non-fitted contacts, which can imitate cat eyes, zombie eyes and many other patterns are so popular with teenagers, our experienced Georgia defective product attorneys at Montlick and Associates want to make sure that parents are aware of the dangers associated with their use, despite their widespread availability.

When you are injured in a collision caused by an intoxicated, distracted or reckless driver in Georgia, there is a high probability that you will need to seek compensation from the other driver’s auto insurance company.  Although there is no legal requirement that you be represented by a Georgia car accident lawyer, the insurance adjuster is trained to protect the interest of the insurance company by paying you as little as possible.  That is why people who are injured in motor vehicle collisions typically have a very difficult time obtaining a satisfactory resolution to their case when they proceed without legal advice and representation.  Our Georgia personal injury attorneys at Montlick and Associates have provided an overview of the ways that we help clients deal effectively with the other driver’s insurance carrier when seeking full compensation.

On any day that dawns clear and dry, there are numerous bikers sharing the asphalt with cars and trucks.  Many motorcyclists are willing to endure any temperature to enjoy the freedom of the road, exploring back roads and roaring down major highways.  Unfortunately, every day, accidents between motorcycles and motor vehicles lead to serious injury and death for the drivers of both the motorcycles and the cars. However, due to the nature of the bike structures, motorcyclists face the greater risk of harm.

Rail tank cars can pose a serious hazard to those in the vicinity of a collision when the tanker car is ruptured in a train crash.  A recent Bloomberg report indicates that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced a proposal to improve the durability of rail tanker cars given the increased volume of hazardous substances and crude oil being transported by the vehicles.  The federal agency has indicated that the current durability standards for rail tank cars may not be adequate when train crashes occur.

There is a new epidemic in America.  Texting is rampant and it is not without its negative consequences.  Most of us have laughed at the video of the woman walking into the pond because she is walking and texting, or the gentleman disappearing into the ditch.  However, this becomes a lot less amusing when the issue is teenagers getting behind the wheel of a car and thinking that they can manage the challenges of being a new driver and sending or receiving text messages.

Many people patronize health stores in virtually every mall in Atlanta and throughout Georgia that market so-called “nutritional supplements.”  Unfortunately, a few of these supplement designed to increase energy, reduce weight and build muscle can be decidedly unhealthy.  The U.S. Food and Drug Administration (FDA) does not have the same regulatory authority over supplements as it does drugs.  This lack of safety regulation can lead to dangerous substances being marketed as weight loss pills or muscle building workout aids.

While the prospect of people riding in cars without drivers may seem like a fanciful notion seen in science fiction movies, the reality of self-driven vehicles dominating U.S. roadways is close enough that federal safety regulators are now expressly warning of potential dangers.  The National Highway Safety Administration (NHTSA) recently recommended that states pass laws requiring special driver’s licenses for motorists who operate cars that are self-driven and to mandate that someone with the special license be situated behind the steering well at all times.

Most motorists have driven by a serious collision involving a tractor-trailer and wondered what caused the collision.  Although passing motorists might speculate that such a collision is caused by driver fatigue, speeding, mechanical failure and similar factors, fewer people would suspect the accident was caused by truck driver obesity.  However, medical conditions that are related to obesity, such as diabetes and obstructive sleep apnea can also play a role in collisions involving commercial big-rigs.

Most people recognize that they may have a legal claim for damages arising out of a car accident, slip and fall or other incident caused by a failure to exercise reasonable care to prevent injury to others.  Fewer people know that intentional misconduct such as an assault or battery also may constitute a basis for pursuing a personal injury claim or lawsuit.  If you are threatened or physically injured in a fight, attack or other incident in which physical force is exerted or threatened against you, you may have a right to financial compensation.

Our Atlanta dangerous drugs attorneys previously discussed the recent Supreme Court decision that overturned a judgment of $21 million awarded to Karen Bartlett that the jury found was caused by a generic drug. The Supreme Court ruled that the generic drug manufacturer was shielded from liability because of the federal requirement that generic drug companies copy the precise composition and labeling of the corresponding name brand drug. The U.S. Food and Drug Administration (FDA) is considering a new regulation in response to the Supreme Court's decision, according to a new ABC report.

Our Georgia personal injury attorneys at Montlick and Associates have been representing those who suffer severe injury or the loss of someone they love to intoxicated drivers for thirty years.  We are firmly committed to preventing the needless loss of life caused by drunken drivers.  Our Georgia Don’t Drink and Drive Campaign is intended to promote public safety and responsible use of alcohol.  For 30 years Montlick & Associates has aired special Don't Drink & Drive messages on television throughout Georgia thousands of times, in addition to displaying digital billboards reminding people not to drink and drive throughout Atlanta and other part of Georgia.  The firm's Family Safety Advocate has appeared on WSB-TV News in Atlanta on numerous occasions discussing this issue and offering tips around the holidays and for teen drivers and proms.

Our Atlanta Personal Injury Attorneys at Montlick and Associates are committed to taking actions to help prevent and stop bullying.  As part of that commitment, we have partnered with Children Without a Voice USA (cwavusa.org) to be the founding sponsor of a national anti-bullying organization, A4K, the Ambassadors for Kids Club (a4kclub.org).  Despite the increased awareness in schools of the potential risk of serious physical and/or emotional injury caused by bullying, sometimes school personnel or others that operate youth activities fail to take adequate steps to protect kids from abuse.

During the summer, many families are busy scheduling flights so that they can enjoy their vacation.  While there are disputes about the correct statistical comparison, air travel remains the safest form of transportation based on certain metrics.  The National Transportation Safety Board (NTSB) reports that in a recent calendar year only 44 people died in airline crashes but 44,000 died in motor vehicle collisions.  The website LiveScience® reports that the risk of dying in a car accident is 1 in 100 while the risk of perishing in an airplane crash is only 1 in 20,000.

The National Highway Traffic Safety Administration (NHTSA) reports that there are approximately 60,000 accidents between motor vehicles and pedestrians each year.  Clearly a vehicle traveling faster than thirty miles per hour will cause serious bodily harm or death.  However, even a vehicle going ten miles per hour may still inflict serious injury on the pedestrian being impacted.

Although many presume that advances in medical technology mean that patients are safer when treated by medical professionals in a hospital setting, a new study suggests that this confidence may be based on a false sense of security. Many people were appalled when a study conducted by the Institute of Medicine was made public in 1999 that revealed 98,000 patients die annually in hospitals because of avoidable medical mistakes. While the original study received extensive publicity and many healthcare policymakers recommended a renewed focus on correcting the deficiencies that led to this high volume of deaths, a new study published in the Journal of Patient Safety suggests we are losing ground in our battle to make hospitals safer.

A recent fatal hit-and-run pedestrian accident in Douglasville provides a number lessons that cover a range of issues involving personal injury claims arising out of these types of accidents. The 18-year-old driver reportedly failed to notice the man who had only been released from a holding facility for public intoxication a short time before the fatal pedestrian crash, according to the Atlanta Journal-Constitution (AJC) report. Our condolences go out to the victim and his family as well as the family of the teenager who also are likely overwhelmed by this tragedy. We have provided an overview of some key issues that this deadly pedestrian accident raises that may be relevant to others.

This is the final installment in our blog series on SUV rollover accidents in Atlanta and the surrounding areas of Georgia. While you may want to review the first three installments of this series of blogs if the answer to your specific question is not provided below, you should also feel free to contact us for a free consultation so that we can provide information tailored to your specific situation.

The national trend toward repealing mandatory motorcycle helmet laws has led to a growing debate about the degree to which mandatory helmet laws actually reduce the frequency, severity and cost of motorcycle accident injuries.  Recent motorcycle helmet law repeals have taken many forms, but the majority allows riders over a certain age to operate a motorcycle without protective head gear provided the person complies with minimum requirements for insurance coverage.  While there may be philosophical and political objections to such laws, there is new evidence supporting the increased medical costs that result from eliminating laws requiring mandatory motorcycle helmet use by riders.

It is common to hear about an accident that occurred on a clear day with no obvious cause.  Frequently those accidents are attributed to reckless driving, texting and driving, or driving under the influence of alcohol or drugs.  Sometimes, however, it is discovered that the driver had a medical condition that led to the accident.  This recently was the focus of a story out of Damascus, Virginia earlier this year where a driver in a parade plowed into marchers and pedestrians.  The driver injured nearly sixty people after allegedly experiencing a medical episode that caused him to accelerate and drive his vehicle, which was part of the parade, into the crowd in front of him.  In a situation like this, the question becomes, “is he responsible for his actions?”

According to the National Transportation Safety Board (NTSB), on average, one person is killed in America by an impaired driver every hour and another twenty people are injured in impaired driving accidents.  These statistics have prompted new recommendations to impose more restrictions on drivers who consume alcohol and then get behind the wheel of a vehicle.

One of the most frightening accidents that can occur is the impact of a train traveling at a high rate of speed and a motor vehicle; even a low to moderate rate of speed may result in injuries as well as extensive property damage.  Although changes in railroad crossings to include more safety features have decreased train-car collisions by ninety-six percent (96%) since 1985, there are still accidents that result in devastating injuries and death.

If you regularly navigate the streets of Atlanta and the surrounding metro area, there is a fair chance you have seen a distracted pedestrian busy fiddling with a mobile phone while stepping in front of a speeding vehicle.  Although many people in Georgia recognize that distracted driving is a serious issue, there has been a slower recognition of the risk of injury posed by distracted pedestrians.  A new report in the journal Accident Analysis & Prevention indicates that a growing number of pedestrians are showing up in hospital emergency rooms with collision-related injuries.

While motorcyclists are especially susceptible to injury in a motorcycle collision because of the inherent lack of stability and safety features of motorcycles, new research conducted by the Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI) reaffirms the benefits of equipping motorcycles with an anti-lock brake system (ABS).  Based on the results of this research and prior studies confirming the positive impact of ABS technology on motorcycle accident rates and the frequency of motorcycle accident injuries and fatalities, the IIHS and HLDI have submitted a joint petition to the National Highway Traffic Safety Administration (NHTSA) requesting that the federal agency make ABS mandatory for new motorcycles.

While many kids engage in off road recreational activities on ATVs, a recent study conducted by Pediatric Orthopaedic Surgeons reveal that young riders tend to suffer a disproportionate number of severe injuries and fatalities in ATV accidents.  The recent study published in the Journal of Pediatric Orthopaedics revealed that the number of kids admitted into hospitals for injuries suffered in ATV accidents increased by 240 percent over a ten year period.

Although many view distracted driving as an issue that primarily affects teen drivers, a new study conducted by researchers at the University of Michigan reveals that inattentive driving is a problem among a category of drivers who many assume are less likely to multi-task behind the wheel. According to the new study, nine out of ten parents admit to engaging in at least one technology based distraction while driving during the previous one month period. Because our Georgia Personal Injury Attorneys are committed to making the roadways safer for kids, we urge parents to avoid distractions while driving.

While many kids in Georgia shun the idea of wearing a bicycle helmet when pedaling to the store, school or a friend's house, a new report presented at the Pediatric Academic Societies annual meeting indicates that bicycle helmet use significantly reduces the risk of suffering serious injury in a cycling accident. According to the study, there are approximately 900 people per year who die in bicycle accidents across the U.S. Approximately 75 percent of those who die in these bicycle accidents suffers fatal head injuries. Based on the results of the research presented at the conference, the Academy of Pediatrics is recommending that bicyclists wear helmets at all times and that states pass universal bicycle helmet laws that apply to riders of all ages.

Most people recognize that teen drivers pose the highest risk of being involved in a fatal car accident.  Traffic safety experts routinely identify a slew of factors that contribute to this increased risk, such as inexperience behind the wheel, experimentation with alcohol and tendency to engage in high risk activity like texting and driving.  These factors provide part of the rationale that states including Georgia have adopted Graduated Driver’s License (GDL) programs.  According to the National Highway Traffic Safety Administration (NHTSA), “studies of GDL programs comparing rates before and after GDL implementation in individual states have reported reduction in fatal crash rates of novice drivers that ranged from 11 percent to 32 percent.”

While public awareness regarding the dangers associated with distracted driving has been on the rise for several years, attention has only recently turned to collisions involving distracted pedestrians.  It is extremely common to see pedestrians jog while listening on earphones or to observe motorists staring down at their cell phone as they send a text message.  The risk of falling or stepping out into traffic increases dramatically when people multi-task while walking, jogging and running.  However, a study suggests that elderly pedestrians face a more significant risk when they negotiate intersections while distracted by electronic devices and other distractions.

The majority of parents are aware of the debate concerning the role violent video games play in desensitizing children and teens to acts of violence and promoting acts of violence.  However, there is another potential adverse consequence that may result from kids playing video games that has been largely ignored by the media.  Recent research indicates that certain video games may influence immature motorists to drive recklessly and cause an increased number of traffic accidents.

Football season is under way, and a massive settlement has been announced in the NFL concussion lawsuit.  According to the Associated Press (AP), the National Football League (NFL) and over 4,500 former NFL players have reached a proposed settlement for compensating players who suffered neurological concussion-related injuries during their playing careers.

While a growing number of states are liberalizing their laws regarding possession and use of marijuana, a new study suggests that Georgia legislators should consider the potential risk on traffic safety before following this trend.  While alcohol is the leading cause of collisions involving impaired drivers, marijuana is the next most common intoxicating substance involved in impaired driving accidents.

The dangers posed by electronic distractions like cellphones, tablet computers, in-dash information systems and similar devices justifiably have received a substantial amount of attention from traffic safety regulators and the media.  While there is little dispute that electronic driving distractions cause a substantial number of auto accidents, there is a feature that has been installed in vehicles almost from their inception that may present an even more significant hazard.  According to a new study, drivers who fail to use their turn signal may contribute to more collisions than electronic distractions.

Anyone that commutes to work or drives their child to school in Atlanta has probably observed motorists driving into an adjacent lane, changing lanes without looking or failing to stop at a light or signal.  These dangerous driving practices often are the result of drivers looking down into their lap to read a text message or engaging in a cell phone conversation.  While distracted driving is a common cause of car accidents in Atlanta and throughout Georgia, there can be challenges when attempting to prove that cell phone activity caused a collision resulting in severe injuries or wrongful death.

With the exception of pedestrians, the risk of suffering serious injury in a collision is greatest for those riding bicycles.  Although a helmet can mitigate the risk of suffering a traumatic brain injury, there is little other protective gear available other than knee and elbow pads that offer minimal protection if you are hit by a motor vehicle.  Our Atlanta Bicycle Accident Attorneys at Montlick and Associates have provided some key information for those involved in collisions between a bike and a car.

When patients seek evaluation and treatment from medical professional for injuries, medical conditions or elective cosmetic procedures, they expect that their doctor will exercise an appropriate level of competence, skill and knowledge.  While these are reasonable expectations, sometimes physicians and other medical providers fail to deliver appropriate care because of drug or alcohol impairment, fatigue, inadequate training or other reasons.  When a patient is the victim of medical negligence, the result can be permanent debilitating injuries and wrongful death.

Although most parents understand that high levels of exposure to lead can be hazardous for children, a new study reveals that even relatively low levels of exposure to lead may harm kids.  A new study published in the Environmental Research journal reveals that children exposed to even moderate amounts of lead before the age of three are three times more likely to be suspended from school by the time they reach the age of nine or ten.

Although the notion of self-driven vehicles may feel like a novel science fiction concept to some, the question is not whether cars that can operate without the direct involvement of a driver will fill our highways but how soon.  According to a report in the New York Times, developers at Google believe they can have self-driven vehicles ready to be sold in approximately five years.  Further, industry experts have predicted that cars which drive on their own will dominate the highways by 2025 according to the Wall Street Journal.  State legislators are increasingly recognizing this reality by passing laws that facilitate testing of futuristic cars that navigate the roadways without human participation.  However, these self-piloted vehicles raise potentially thorny legal and safety issues.

Anyone that struggles with insomnia understands the value of an effective sleep aid that can help you get a quality night of sleep so that you can be alert and productive the next day.  However, the Food and Drug Administration (FDA) is currently examining the risks associated with sleep aids that are “too effective” at inducing drowsiness in those who take the medications.  The federal agency is now closely scrutinizing drugs that cause drowsiness, such as sleep aids and allergy medications to identify those that may leave drivers too sleepy to safely drive the following morning.

According to the most recent published data from the National Highway Traffic Safety Administration, nearly 33,000 Americans were killed and approximately 2.2 million people were injured in motor vehicle accidents in 2010.  Although there are fluctuations from year-to-year, the fact is that millions of people are injured or killed in car accidents every year.  Everyone has heard at least some of the statistics about car accidents, yet when it happens to you, it is still a shock.  Whether you were involved in a motor vehicle accident caused by a medical emergency, texting and driving, speeding, driving under the influence, or other factors, if you were injured you now face a situation where you need a lawyer who is experienced in handling motor vehicle accident cases.  The lawyer you choose will influence or determine the outcome of the case.  Selecting the wrong attorney may lead to a loss of rights and compensation to cover your expenses and loss.

Although a new report shows that homeowner’s insurance payouts for injuries and fatalities caused by dog bites and canine maulings has risen significantly in recent years, the Obama Administration has announced that it opposes the approach of breed-specific bans to combat the issue according to a Huffington Post report.  In response to a petition containing 30,000 signatures calling for breed-specific restrictions on dogs, the White House recently responded with a statement entitled “Breed Specific Legislation Is a Bad Idea.”

A recent deadly train crash in Spain caused by an operator who was allegedly using his cell phone during the time of the fatal derailment has again focused attention on the potential danger posed by distracted drivers of commercial vehicles like tractor-trailers, trains and buses.  The fatal train crash that killed 79 people was allegedly traveling at twice the speed limit when navigating the turn where the train derailed according to a Fox News report.  According to Fox, the train operator was so distracted by a cell phone call during the train collision that he also failed to notice three separate computer generated warnings to slow the train down.

This is the final installment of our three-part blog post providing information to parents of Georgia teenagers.  The period when your teenager starts to drive can be a very anxious time for mom and dad.  We have provided information about risks and safety strategies that may keep your teenager safe.  If you have not read the prior installments of this series of blog posts, we recommend that you do so before reading this final installment.

This is the continuation of our two-part blog post discussing the merits of the NTSB recommendation that states lower the level at which drivers are considered alcohol impaired from .08 percent BAC to .05 percent BAC.  If you have not yet read Part I of this two-part blog post, we encourage you to do so before reading Part 2.

When people see road rate incidents reported in the news, it is tempting to assume these are anomalous events that only involve a tiny number of motorists.  A recent ABC News report reveals that the issue of road rage may be much more significant than some would assume.  The report cited a recent AAA study that found 10,000 incidents involving road rage during a recent seven year period.  The Department of Transportation (DOT) indicates that these road rage incidents also resulted in the death of 218 people, which represents an increase of 170 percent since 2007.

October means cooler weather, Octoberfest, Halloween carnivals and hayrides. Unfortunately, Halloween carnival rides may be hastily erected while hayrides may utilize unreliable horses or poorly maintained equipment. Because these quasi-amusement parks may not be as closely inspected and maintained, such Halloween carnival rides and hayrides can constitute an accident waiting to happen. The massive weight and size of such attractions can cause devastating injuries or wrongful death when riders are ejected or crushed.

Energy drinks have received a growing amount of scrutiny recently in the wake of a number of lawsuits being filed against manufacturers of energy drinks that allege the drinks contributed to serious injuries and even fatalities.  These allegations have led the Food and Drug Administration (FDA) to investigate fatalities alleged to have been caused by energy drinks, including five deaths blamed on Monster® beverages according to a Fox News report.

There are many people who live in the counties that comprise the Atlanta metro area and the surrounding vicinity who rely on public transportation for various reasons, which include avoiding traffic, protecting the environment or simply being productive on a morning commute.  The buses and trains operated by the Metropolitan Atlanta Rapid Transit Authority (MARTA) have provided more than 3.5 billion rides during its more than a quarter of a century in operation according to the MARTA website.

Most people know that driving with a BAC of .08 percent or above presents an unreasonable risk of injury to others.  The establishment of this BAC threshold may create a false sense of security that driving with alcohol in one’s blood is safe as long as it is below this legal threshold.  However, there is evidence that driver’s may experience some level of impairment even when a driver’s BAC level is a mere .02 percent according to the Clemson Redfern Health Center.  There is now a brewing debate over the National Transportation Safety Board (NTSB) recommendation that states lower the threshold at which a driver is considered impaired to .05 BAC.  We consider the relative merits of whether this recommendation is justified in this two-part blog post.

If you have ever been in a vehicle traveling down the freeway and had the power simply cut out so the vehicle stalls, you know that this is a terrifying experience. This type of vehicle malfunction can leave a motorist stranded in traffic lanes on the freeway with the inability to even turn on hazard lights so that other drivers are alerted that the vehicle is disabled. This scary scenario which creates a high risk of contributing to a car accident is a potential reality for some of the drivers of about 235,000 vehicles being recalled in the U.S. by Toyota®. The recall includes 133,000 Lexus® and Toyota® hybrid vehicles according to a news release by the vehicle manufacturer.

While most people know that using a cell phone while driving is potentially dangerous, there have been differences of opinion on whether laws that ban conversations, handheld calls and/or text messaging activity on mobile phone actually reduce traffic accident-related fatalities and injuries. Some contend that the difficulty in enforcing such restrictions and relatively nominal fines associated with violations have minimized the impact of cell phone bans on actual driving behavior. Despite this speculation, a recent study by researchers at the University of Illinois suggests that laws that restrict and prohibit cell phone use are particularly effective in highly populated urban areas like the Atlanta-Metro area.

The tragic death of a Paulding County man while riding on a treacherous stretch of roadway known as the “Dragon” provides a sad reminder of the vulnerability of motorcycle enthusiasts.  The Paulding man was riding a 2005 Kawasaki motorcycle when the rear wheel locked up according to a news article in the Atlanta Journal-Constitution (AJC).  Our attorneys and staff at Montlick and Associates express our deepest condolences to the family of the fatally injured rider.

While it may be difficult for a parent to imagine a more heartbreaking tragedy than a catastrophic head injury, spinal cord injury or death of one’s child, the realization that the parent caused the accidental death makes it even more devastating.  Although parents may presume that the risk of backing over a child playing in the driveway is a freak occurrence, almost fifty children per week are treated in emergency rooms across the U.S. following back over accidents, while another two children per week die in these collisions.  Although Congress passed legislation that was designed to mandate installation of backup camera systems in new vehicles to prevent these collisions, it has not yet been implemented.

While many of us who are over forty remember using old fashioned push lawnmowers to cut the lawn, there are a growing number of homeowners who now use lawn tractors and ride-on mowers particularly if they have a large lawn to maintain.  Although these riding mowers can be a more efficient way to take care of a large area, they also can pose a significant danger of causing injury. 

While summer can result in a spike in motor vehicle accidents as people spend more time behind the wheel of their vehicle traveling on vacation or to visit family, the fall season poses a new type of motor vehicle accident risk.  Weather is a factor in many motor vehicle collisions because it can impact stopping distance, vehicle handling, visibility and otherwise impair driving ability.  We urge drivers to exercise caution when driving in rain, fog and even harsh winds.  A tragic Forsythe County crash two weeks ago that claimed the lives of a young girl and her mother provide a grim reminder of the need to exercise extra caution when driving in adverse weather conditions.

The first Toyota sudden acceleration lawsuit to proceed to jury trial began opening arguments in Los Angeles a few weeks ago.  The plaintiff’s attorney representing the widow and parents of Noriko Uno told the jury that Toyota Motor Corp. knew of the potential for the accelerator pedal to get stuck in certain vehicles but declined to install a brake-override system that could have prevented Mr. Uno’s death, according to a Bloomberg report.  This is the first Toyota sudden acceleration lawsuit to proceed to jury trial of 85 personal injury and wrongful death lawsuits that have been consolidated in Los Angeles Superior Courts.

Our Atlanta auto accident lawyers (serving the entire state of Georgia) at Montlick and Associates often receive calls from those who have been involved in a collision and express confidence that the other driver was at-fault.  This confidence is frequently rooted in the fact that a law enforcement officer issued a ticket to the other driver.  Although a traffic violation often provides a legitimate grounds for imposing liability, the mere fact that a driver has been cited for a moving violation does not automatically mean that the ticketed motorist will bear all or even part of the fault for injuries suffered in a car accident.  We have provided an overview of a few scenarios to illustrate the impact the violation of a traffic law may have on the issue of liability.

Most people involved in a serious motorcycle accident, car crash, tractor-trailer collision or other accident have not had extensive experience nor traning in dealing with insurance companies or the civil litigation process.  Understandably this can make pursuing a personal injury claim a somewhat daunting process unless you have access to legal advice from an experienced Georgia personal injury lawyer who can demystify the process, take all of the actions that are needed to protect your rights, and provide realistic expectations and keep you informed about the progress of your case.  Our Atlanta auto accident attorneys at Montlick and Associates recognize that the foreign nature of dealing with a legal claim for damages can make one susceptible to buying into common myths about the civil litigation process.  In this two-part blog post, we have attempted to debunk some of the myths about Atlanta personal injury claims.

At Montlick and Associates, our Georgia auto accident attorneys are firmly committed to promoting vehicle safety for kids of all ages, which ranges from infants in child safety restraints to teenagers driving on their own for the first time.  As part of this commitment, we ask parents to revisit important motor vehicle safety tips during this period which has been designated by the U.S. Department of Transportation (DOT) as Child Passenger Safety Week.

Because of slow economic growth, stubbornly high unemployment rates and high gas prices, Georgia consumers are looking for strategies to cut their household costs.  One increasingly popular option for drivers to reduce commuting costs involves the use of electric scooters or mopeds.  These vehicle provide a fuel efficient and fun way to commute to a college campus, drive to work or even travel to the local mall.  Because the devices look less daunting than a Harley Davidson® or other motorcycles, many Atlanta drivers underestimate the potential risks associated with these vehicles.

Although motorists who do not have a valid driver’s license are involved in one in five collisions, policies designed to keep drivers who are unlicensed or that have had their driving privileges suspended or revoked have not been particularly effective according to a study conducted by the AAA Foundation for Traffic Safety entitled “Unlicensed to Kill.”

While we have addressed the distracted driving epidemic in previous blog posts, we also have noted that the success of laws enacted by many states like Georgia that ban text messaging and limit cell phone use have had mixed results at best.  The convenience of using a cell phone while driving, combined with difficulty in enforcing such laws and the relatively nominal nature of penalties for violations, has made it difficult to discourage distracted driving accidents involving cell phones.  However, a new strategy being tested in New York may provide an alternative approach.

Many people stereotype men as the most likely DUI offenders based on images of men going out to a bar after a day at the worksite/office or driving home from a sporting event enhanced by the consumption of beer.  However, these stereotypes are proving as dated as those of men as the primary breadwinner in the home because an increasing number of women participate in the workforce on a full-time basis.   A new study conducted by the Traffic Injury Research Foundation of Canada indicates that as more women travel to and from work and face the stress of the workplace, drunk driving accidents caused by female drivers may rise.

Most drivers have encountered aggressive or discourteous drivers who tailgate, pass on the shoulder, honk and flash their headlights in a motorist rearview mirror or otherwise engage in driving behavior that can increase the risk of a traffic accident.  Our Atlanta Road Rage Accident Attorneys regularly advise motorists to avoid retaliating or escalating such an incident because there is no way to predict how the other motorist will respond.  Despite these warnings, many people dismiss the risk of motorists becoming so unglued that they  respond in a way that can cause a motor vehicle crash or engage in an act of violence like a physical assault or shooting.  Sometimes it is hard to imagine that there are people that react this violently so we have provided some examples of several road rage incidents reported in the USA Today within the span of a few weeks.

While most people that ride a Metropolitan Atlanta Rapid Transit Authority (MARTA) bus or commuter train do not expect mass transit accidents, crashes involving trains and buses do occur as revealed by a recent devastating train accident.  A Chicago commuter train collision resulted in at least 48 people suffering injury and 33 people needing hospitalization according to the CNN report.