Blog Archive - December, 2013

Because our Georgia workers' compensation attorneys at Montlick and Associates frequently represent injured employees in the poultry industry, we recognize that workers in poultry processing plants frequently suffer repetitive motion injuries and other on-the-job injuries. Because workers in poultry plants are already exposed to a substantial risk of injury, we are concerned about the impact of new U.S. Department of Agriculture (USDA) regulations that may increase the prevalence of chicken slaughterhouse injuries.

A fatal Cobb County bicycle accident this month serves as a sad testament to the dangers that drivers who elect to engage in serious forms of dangerous driving pose to cyclist. The driver in the fatal crash was traveling at nearly double the speed limit as his vehicle raced along at a rate of 86 mph in a 45 mph zone after reportedly consuming alcohol according to a report by the Atlanta Journal-Constitution (AJC), based on information provided by Cobb police.

Although many car crashes are caused exclusively by the lack of care or attention by a driver, the number of collisions tend to increase during periods with poor weather. When fog, rain and strong wind can be a factor in contributing to a car accident, these extraneous factors do not necessarily absolve a driver of financial responsibility. All motorists have a duty of reasonable care to drive in such a way that they do not cause car accidents which includes failing to modify one's driving behavior during poor weather. When a driver does not adapt his or her driving to road conditions, the failure to stop, swerve, yield or otherwise engage in appropriate evasive action to avoid colliding with another vehicle may constitute negligence.

While many people now recognize that texting and talking on a cell phone is extremely dangerous, the rate at which electronic communication technology is changing has made it difficult to keep up with the newest electronic driving distractions.

Most people are not involved in multiple collisions that result in serious injury, but this also means that those involved in such collisions will typically lack experience regarding the best way to protect their legal rights and remedies. The actions that you take at a car accident scene, such as requesting that a police officer conduct a crash investigation or providing statements that are included in that report can have a significant impact on the success of your car accident claim. Our auto collisions lawyers at Montlick and Associates have provided information that addresses many of the common questions we receive about how to protect one's rights when dealing with Atlanta Car Accident Reports and law enforcement crash investigations.

Atlanta intersections can be very dangerous places for pedestrians because they have relatively no protection when they are struck by a motor vehicle. While crosswalks are intended to be a safe haven for those who are on foot, many within this protected area are struck by motorists who fail to pay adequate attention or to drive safely. The vulnerability of those in crosswalks means that the risk of serious permanent injury and wrongful death is extremely high when crosswalk pedestrian accidents occur.

While there are many forms of medical malpractice, one of the most inexcusable examples involves wrongs-site surgery because these types of errors are appropriately labeled by the health care community as mistakes that should never occur. Nonetheless, this form of surgical error occurs approximately forty times per week according to a report by the Commission Center for Transforming Healthcare. Wrong-site surgery encompasses surgeries involving the wrong part or side of the body, the incorrect surgical procedure or surgery on the wrong patient. When medical professionals perform wrong-site surgery, they not only force patients to undergo unnecessary pain and recovery but also potentially expose patients to the potential serious risks associated with general anesthesia which may include brain damage and wrongful death. If you or someone close to you has been the victim of wrong-site surgery, this form or medical error may provide grounds for financial compensation based on medical malpractice.

When we meet with each prospective client during their free consultation, they ask us a number of questions about their case and their specific situation. Since drugged driving poses an ever increasing risk of injury for Georgia drivers, our team of seasoned personal injury attorneys have put together the answers to a few of the most frequently asked questions about this extremely dangerous and life threatening driving hazard:

Garbage trucks that travel the streets of Atlanta can easily be involved in accidents that result in serious injuries. Garbage trucks and recycling trucks engage in a pattern of abrupt starts and stops on residential streets where children are playing and riding bicycles. Whether a motorist is backing out of a driveway to commute to work or a pedestrian is jogging for exercise, garbage truck accidents are a serious hazard because the vehicles have limited visibility and frequently engage in unpredictable stops and backing which increases the danger.

When you are involved in serious motor vehicle crashes, the chaos, pain and shock can make it difficult to maintain one's composure enough to gather and preserve evidence.  Atlanta Car Accident Reports may provide critical information that may be relevant to the issues of causation, negligent driving behavior, property damage and apparent injuries. When law enforcement officers are summoned to the scene of a car crash, a police report generally will be filed following an investigation at the scene of the collision. Because many people involved in crashes are fairly shaken and upset, aside from the legal requirement that police need to be called under certain circumstances including where their are personal injuries, our Atlanta car crash lawyers at Montlick and Associates generally recommend erring on the side of caution and summoning the police to all motor vehicle accident scenes to facilitate an investigation of the collision.

Generally speaking, proving liability and causation in drunk driving-related accidents can be highly complex. Specifically, there are many evidentiary challenges that can arise in these types of cases, which can negatively impact the amount of monetary damages that victims ultimately receive. There are also additional factors that can surface in drunk driving cases, which can also affect the level of compensation awarded. These include the following:

While many people recognize the risk of collisions caused by distracted teen drivers, some may think that cell phones constitute the primary distraction that contributes to crashes involving teen drivers. Although cell phone texting and calling activity is a serious distraction for many teen drivers, teenage passengers may be just as dangerous. A study conducted by AAA found that the accident fatality rate for teen drivers increases substantially when teen drivers give their peers a ride. The fatality rate increased 44 percent when just one passenger under the age of 21 was in the vehicle and doubled when two such passengers were in the vehicle. The accident rate actually quadrupled with three or more passengers in the vehicle under 21 according to the AAA report.

Generally speaking there are several myths associated with the use of cell phones and driving. Specifically, many people feel that if they use a hands-free device, they will be safer. Moreover, there are others who think that talking on a cell phone is safer than texting, influencing them to call a person back rather than respond to their text. The reality is that both of these actions cause thousands of accidents each year. In other words, they still lead to serious and sometimes fatal crashes, which makes it important to examine why this is happening. Consider the following questions:

Anyone who has watched the movie Christmas Vacation is well-aware that Clark Griswold's efforts to light his house up so that it can be seen for miles is more than just Hollywood fantasy for some holiday decorating enthusiasts. However, the mishaps and injuries that Chevy's Chase's character experiences also hit far too close to home for many holiday decorating injury victims.

The stress of worrying about the safety of one's children is simply part of being a parent. The number of injuries caused by defective products for infants and toddlers has decreased in recent years because of more stringent safety standards and tighter controls on imports from countries that do not exercise the same level of diligence when manufacturing products intended for kids. While these improvements provide a basis for parents to feel less apprehensive about the danger posed by products designed for kids like car seats, strollers, playpens and toys, a recent report published in the journal Child Pediatrics reveals that many high chairs, which are a standard item in the homes of families with babies and toddlers, are still unsafe.

Although the amount of time that a bicyclist spends in an intersection constitutes a very small portion of a typical bike ride, approximately half of all bicycle accidents occur in intersections according to the Federal Highway Administration. Because intersections involve the careful coordination of vehicles crossing paths so that they will not result in collisions if timed properly, it is not surprising the drivers of motor vehicles who are alcohol impaired, distracted or otherwise careless are more likely to collide with cyclists at intersections.

Collisions between vehicles moving at high rates of speed can always result in mangled wreckage and devastating injuries that permanently impact a crash victim's quality of life. When one of the vehicles is an Amtrak® train fully loaded with passengers and moving at a high rate of speed, however, these risks are magnified considerably. When train accidents occur, they may involve a collision with a car or pedestrian, impact with another train or a derailment. There may be a litany of factors that contribute to a serious passenger train crash, such as train conductor error, inadequately maintained equipment or reckless drivers who attempt to outrace an approaching train.

While suffering a flat tire can be an extremely inconvenient and frustrating experience, many drivers do not realize the potential risk motorists face when trying to change a tire by the side of the road. A fatal crash tragically claimed the life of a Covington truck driver and minister when he was struck by a passing vehicle according to an Atlanta Journal-Constitution report (AJC). While the fatal traffic accident is still under investigation, the Fulton County police officers who investigated the collision made a preliminary determination that the driver who died was attempting to change a flat tire. Our Atlanta car crash lawyers and staff at Montlick and Associates are saddened by this tragedy and extend our condolences to the family of the accident victim.

The dangers presented by distracted drivers who attempt to use their cell phone rather than focus on potential road hazards, stopped traffic and pedestrians in the roadway have been well documented. The problem is significant enough that federal agencies like the National Transportation Safety Board (NTSB) have called for a complete ban of cell phones by those operating any type of motor vehicle. While the use of a cell phone to send, read and compose text messages or make telephone calls poses an enormous risk to other drivers, passengers, motorcyclists, bicyclists and pedestrians, a new study suggest that there may be more bad news regarding inattentive drivers.

While many tenants struggle to persuade their landlord to make appropriate repairs and replace warn out appliances, the focus is often on comfort and convenience rather than safety. Landlords have a legal obligation to maintain rental property in a condition that is safe and secure for tenants. Sometimes tenants who do not fully appreciate their legal right to the use and enjoyment of rental premises free of unreasonable hazards are motivated to endure a "slumlord" mentality because of fears that their lease will not be renewed or that they will be exposed to other hassles by their landlord. However, tenants do not need to tolerate hazardous conditions that threaten the health and safety of occupants.

While holiday shopping for kids often involves pursuing that perfect item, there are many children injured each year by toys, cribs and other products oriented for children. Although parents may reasonably expect that the manufacturers of such products take appropriate care to ensure that these products are not unsafe for children, babies and even older kids are injured every year by defective toys and other products marketed for children.

The process of asserting one's rights and remedies in a construction accident is very complicated due to of the dual nature of the claims that may be involved through the workers' compensation and civil litigation systems. To learn more about your case, we invite you to speak with one of our Georgia workers' compensation attorneys at Montlick and Associates for a free consultatioin. In the meantime, consider the following frequently asked questions about these types of cases:

While dogs are commonly referred to as man's best friend, they also can act in unpredictable ways that cause injury by charging and knocking over small children or bicyclists, or more ominously biting and mauling unsuspecting victims. Most people do not anticipate that they will be attacked by a dog and suffer serious injury because they regard dog bites and other animal-related injuries as extremely rare anomalies. However, dog bites are far from a rare occurrence with approximately 4.7 million people suffering dog bites annually according to the U.S. Human Society. Of these dog attack victims, approximately 800,000 suffer injuries serious enough that they must receive medical treatment. These dog bite injuries result in approximately a billion dollars per year in insurance industry payouts.

Almost ten percent of motor vehicle accident fatalities in Georgia in a typical year involve pedestrians, according to the Governor's Office of Highway Safety in Georgia. Further, the counties that constitute the Atlanta metro area provide the biggest risk with 42 percent of pedestrian fatalities occurring in Fulton, DeKalb, Cobb, Gwinnett and Bibb counties. With this in mind, consider the following statistics:

Motor vehicle collisions in which someone is injured or passes away are tragic events, but these sad incidents can be ever more disheartening when the injury victim is a child. Despite the special traffic safety laws designed to protect children that address issues like transporting kids while under the influence and mandatory use of child safety restraints, there are still many children who suffer permanent or even fatal injuries annually.

Parents that complain about their kids' music are pretty much a constant whether the music was Elvis during the fifties, disco during the seventies or rap music today. While the artistic merit of music may be a matter of individual taste and preference, parents may have a legitimate basis to object to kids listening to the pounding base of rap music or to the penetrating intensity of heavy metal music when kids borrow the family car. A new study published in Accident Analysis and Prevention suggests that teens who listen to their preferred type of music when operating a motor vehicle are more likely to commit miscalculations and driving errors.

While red light cameras are fairly unpopular with motorists because they frequently result in expensive tickets with compelling evidence that is difficult to dispute, the pictures provided by these cameras can produce vital evidence of unsafe driving that causes severe injury or wrongful death. Although the political merits of such cameras in terms of their use as a revenue source for strapped municipalities may be open to debate, car accident victims can benefit from this valuable form of evidence when they are represented by an experienced Atlanta auto accident attorney that knows how to use this type of evidence effectively.

With the holiday season quickly approaching, many families are making travel plans that include stays in motels and hotels in Atlanta and the surrounding areas of Georgia. While resorts, inns and other lodging establishments can offer many luxuries and forms of recreation, there also are a multitude of potential hazards that can cause injury to patrons. If a person is injured while visiting family in Georgia in a slip or fall accident or a violent assault due to inadequate security, the process of pursuing a claim for financial compensation for injuries can be extremely daunting. Our Atlanta hotel accident lawyers at Montlick and Associates represent both in state and out of state clients who are injured by the failure of owners of hotels and motels to provide safe and secure premises.

When Atlanta drivers navigate the streets of Atlanta, there are many delivery vehicles that weave in and out of traffic. Drivers delivering pizza, parcels or other items have a reasonable probability of being involved in collisions because they log many mile behind the wheel. If the drivers are forced to conform to tight time schedules when delivering food or products, the rush to get to the next destination can play a factor in causing a serious car crash. Although someone who is injured in a collision caused by a delivery driver may have a right to seek legal compensation, the driver may be a teenage kid delivering pizza whose insurance has lapsed or who has inadequate coverage.

If you work in the construction trades, you know that commercial, residential and public building projects often are the site of serious accidents that can cause severe injury resulting in long-term disability. Because of the physical nature of many construction jobs, many people who are injured while working on construction projects are unable to return to their chosen occupation or to work at all in some cases. Given the serious nature of injuries caused by falls from scaffoldings, trench collapses, heavy equipment accidents, fires, falling objects, electrocutions and explosions, construction accidents can create intense financial hardships for construction injury victims and their families.

Believe it or not, dog bites can be very serious, and can have severe health consequences if medical treatment is not sought immediately. If you were attacked by a dog and sustained injures as a result, it is important to realize that you may be entitled to monetary damages. Many people who face these types of injuries are forced to undergo painful surgeries and deal with a lifetime of physical and emotional scars. Due to these and other serious risks associated with dog bites and attacks, our team of seasoned personal injury lawyers has compiled some key facts for Georgia dog bite victims. While we have addressed many issues that dog attack victims face, we invite those with more specific questions to contact our experienced Atlanta Dog Bite Lawyers.

Our Atlanta Medical Malpractice Attorneys have previously discussed some of the unique challenges that make pursuing a negligence action against a doctor, hospital or other medical professional especially difficult. These obstacles include special rules that protect physicians, jury sympathy toward physicians, difficulty in proving causation and many other obstacles. A recent decision by the Georgia Supreme Court has now clarified the requirements for a witness to be qualified as an expert in a medical malpractice case regarding the acceptable standard of conduct - with the potential to make obtaining the needed expert more of a challenge to the parties.

Georgia law, O.C.G.A. Sec. 9-11-67, enacted on July 1, 2013, has been said to modify and codify the case of Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), with respect to offers of settlement in personal injury and wrongful death claims resulting from use of motor vehicles. Purportedly, this law aims to protect motor vehicle injury victims from insurance companies that refuse to settle straight-forward injury claims in a timely and reasonable fashion. On closer examination however the language of the statute also gives insurance companies the opportunity to further delay resolution in a variety of cases where fault of the insured is clear and the victim's injuries are documented.

The Georgia worker's compensation system provides a remedy for employees that may include medical, income and permanent disability benefits to those hurt while on the job. These benefits, which are provided to help you recover and get back to work and/or compensate you for partial or total disability, are available through the worker's compensation insurance policies paid for by employers in most cases. In the event of a death on the job, worker's compensation also can provide benefits to dependents of an employee who suffers an occupational illness or injury. Georgia law requires that employees be covered from their first day on the job, and any business in Georgia that has three or more employees must carry worker's compensation insurance. If you've been hurt or experience symptoms of an occupational illness, it is important to report such work-related conditions to your supervisor as soon as possible. Delaying more than 30 days may mean loss of benefits.

When drivers call to report an accident to the police so that a crash site investigation can be conducted, they might assume that the report will be an accurate reflection of what actually transpired. While police officers that investigate collisions involving motor vehicles generally have extensive experience collecting physical evidence, interviewing witnesses and otherwise gathering information included in Atlanta Car Accident Reports, this does not guarantee that such reports are completely accurate. The investigating officer will often extrapolate from the physical evidence or factual accounts received and draw mistaken conclusions about which driver caused the collision.

An expectant mother who leavse a doctor's office to get her prescription filled may not consider the possibility that the prenatal vitamin prescription is actually being filled with a powerful Opioid painkiller or other drug that can be harmful to an unborn child. However, pharmaceutical errors involving the wrong drug being provided to customers can have devastating consequences.

A ruling by the Georgia Court of Appeals in Safeway Insurance Co. v. Hanks recently headed off the attempt of insurance companies to impose an additional obligation on injury victims in motor vehicle accident lawsuits. The case involved a plaintiff who pursued an uninsured motorist (UM) claim against his insurance carrier after suffering a back injury in a hit-and-run crash. The court's decision reaffirmed the principle that juries rather than experts should decide critical factual issues in personal injury lawsuits.

While many Georgia drivers are well aware of the high risk of being involved in a car crash caused by a drunk driver, drugged driving does not receive nearly the same focus by motorists. This disparity may be linked to the fact that most motorists recognize that more drivers ingest alcohol than illicit drugs. This assumption fails to recognize the widespread use of prescription drugs by drivers in the U.S. Some vehicle safety experts speculate that prescription drug use and abuse has become so prevalent that drugged driving may now be as pervasive as drunk driving. Because drugged driving is now such a serious risk for Georgia drivers, our Atlanta drugged driving accident lawyers at Montlick and Associates have provided the following key facts about this extremely risk driving hazard:

When most people contemplate the possibility of drug overdoses, the natural tendency is to focus on illegal street drugs like methamphetamine, ecstasy, heroin, cocaine and similar illicit drugs. The majority of fatal drug overdoses, however, involve legitimate drugs used for therapeutic purposes like prescription drugs and medications sold over-the-counter. Many consumers who take popular cold medications and over-the-counter (OTC) pain medications may not realize that use of these drugs can result in an inadvertent overdose and serious harmful effects.

If you have ever taken a white knuckle taxi ride when traveling, you might not find it surprising that there are a fair number of people who are injured in collisions involving taxicabs. Atlanta is a major metropolitan city with a busy airport which means that there is a high volume of taxi traffic, especially during Thanksgiving, Christmas and the New Year Holiday. Because taxicab drivers are paid based on the number of miles they travel with more trips equaling more fares, collisions involving taxis are somewhat inevitable because of the strong financial incentive to move people as quickly as possible, which can lead to exceeding the speed limit or driving faster than road and weather conditions dictate.

If you are involved in a tractor-trailer accident caused by brake failure, the force of the impact can be so devastating that crippling injuries and wrongful death are often the result. The drastic weight difference between a semi-truck and passenger car means that the failure of a commercial carrier to properly inspect and maintain the brakes of a big-rig can result in serious collisions. Approximately a half a million trucking accidents occur every year according to the U.S. Department of Transportation (DOT). When brakes fail in trucking accidents, the risk to others on the roadways is extremely high because DOT data reveals that one in every eight traffic fatalities involves a large truck.

Because no type of motor vehicle accident victim is more exposed to a higher risk of injury than pedestrians, those who walk, jog or run for pleasure, exercise or a mode of transportation need to understand their risk of injury, as well as their legal rights and actions that need to be taken to protect those rights, if they are involved in a pedestrian accident in Georgia. Some teenagers and young adults presume that pedestrian accident primarily involve small children who are inexperienced with traffic and elderly walkers who are slower to cross the street, however, anyone can be hit by a motorist who is speeding, distracted, substance impaired or an otherwise careless driver. Our Fulton County Pedestrian Accident Attorneys have provided an overview of critical facts about Georgia pedestrians-motor vehicle collisions.

Although left hand turn accidents are particularly common, especially at intersections, there are many misconceptions that drivers have about these collisions. Some presume that the driver making the left hand turn will automatically be at-fault and that the driver who made the left turn cannot seek financial compensation for his or her injuries. These misconceptions often mislead motorists who are injured in these types of crashes not to seek legal advice to ascertain their rights and remedies under Georgia law. The reality is that a driver who is making a left turn during a collision will usually be liable, but there are exceptions to this general rule. Further, even if the driver making a left turn is considered at-fault, this does not preclude recovery for damages in all situations. Our Atlanta auto accident lawyers have provided some key facts about left turn accidents in Georgia.

The explosion in the popularity of mobile phone devices, from Android phones to iPhones, has created a public safety risk that now rivals the danger posed by alcohol impaired drivers. According to a Pew Internet Project study, more than 9 in 10 adults in the U.S. own a mobile phone. Almost 6 in 10 Americans own some form of smart phone that is capable of performing a wide range of distracting functions that include checking social media sites like Facebook or Twitter, sending and receiving email, text messaging and searching the Internet according to Pew.

When individuals and families head out to the local supermarket, grocery store warehouse store, or chain convenience stores, they do not typically anticipate that they will suffer injury because of the failure of store owners, managers and employees to clear hazards that they know or should know exist. Although most people do not think of a trip to a retail store as a dangerous excursion, many people suffer injury caused by falling objects, slippery floors and other unsafe conditions.

Josh Romney made national news during the Thanksgiving weekend when he rendered assistance to a family involved in a car crash. The parents and their two teen kids were taken to a hospital for treatment of their injuries after their SUV crashed into a private residence. While the collision between the SUV and the dwelling is still under investigation, the Reuters report indicates that law enforcement officials believe that the driver of the SUV suffered a medical emergency.

A deadly train derailment this past Thanksgiving weekend that claimed the lives of at least four people and caused injury to at least sixty others serves as a testament to the complexity of interpreting the cause of many transportation accidents. While the National Transportation Safety Board (NTSB) currently is investigating the crash and analyzing the event recorder data to determine the cause of the crash, there has been a great deal of speculation regarding the cause of the derailment according to a FoxNews.com report.

When you say goodbye to your loved ones when they leave home to drive to the store, work or school, the thought that your parent, child or sibling might be involved in a devastating collision may not occur to you. The tragic fatal car crash that claimed the life of Fast and Furious actor Paul Walker serves as a sad reminder that life-changing car accidents can happen without warning to anyone. According to a Newsday.com report, the popular actor and Roger Rodas, who was driving the Porsche, both died in a fiery crash after Rodas lost control of the vehicle and slammed into a utility pole.

Sometimes the solution to a problem creates more safety risks than the problem it was designed to remedy. In other words, sometimes progress in promoting consumer safety is not progress at all. There is new research that suggests that certain advances in airbag technology may not have made consumers safer. The time of deployment is essential for airbags to maximize vehicle occupant safety. When driver side or passenger airbags deploy too early, too late or not at all, the result in certain circumstances can be traumatic brain injuries (TBIs), broken bones and blindness, injuries to the spine and neck and other serious debilitating forms of injury.

Whether cell phone driving restrictions and bans actually reduce the number of districted driving related accidents is a question that is widely debated. However, one reason why these efforts seem to have limited effectiveness may be related to challenges with enforcing distracted driving laws. While radar can detect a speeding driver or police may observe an alcohol impaired driver drifting into an adjacent lane, cell phone use may not be as easy to recognize unless the driver makes a serious driving error in the officer's presence or the driver is involved in a collision. Many cell phone users who do a significant amount of text messaging often operate their phone out of sight of passing cars.

This blog post highlights a few of the important benefits of retaining legal representation by an experienced Georgia auto collision lawyer. Here are a few of the advantages that accompany effective legal representation by an experienced motor vehicle accident law firm.

There are many causes of serious motor vehicle accidents that receive lots of publicity and attention from federal traffic safety regulators.  However, there is a leading cause of collisions that contributes to devastating personal injuries and wrongful death which receives far less attention – sleepy drivers.  The slow economy has led to economic hardships for many Georgia families so that motorists often work two part-time jobs, which in many cases means more total time away from home.  These long hours devoted to employment add to the fatigue and exhaustion of also handling household and parenting responsibilities.  All of this translates into drivers operating motor vehicles with very limited amounts of sleep.

This blog post discusses three reasons why you need an experienced Georgia personal injury lawyer if you are injured in a motor vehicle collision.  Some people attempt to deal with the insurance adjuster on their own, and often they harm the value of their case as a result of strategic mistakes, and they are surprised when things aren't as rosy as they may have been led to believe up front by the adjuster who said that they did not need a lawyer. Although a few people sometimes file their own personal injury lawsuits, they typically fair about as well as you would expect considering that the insurance company for the other driver has attorneys, experts and extensive litigation resources to devote to evading financial responsibility for injuries caused by their insured driver’s unsafe conduct.   Below are a few important benefits of having legal representation to represent you in your personal injury case.

This blog post provides general information for those injured in spa and pool accidents. While we have tried to answer many common questions, the best way to obtain answers to questions about your specific situation is to speak to an experienced Georgia drowning accident lawyer at Montlick and Associates for your Free Consultation.

There is an 80 percent chance of injury when a motorcycle rider is involved in an accident according to recent reports from the National Highway Traffic Safety Administration (NHTSA). The federal agency's research also reveals that out of the many painful injuries a rider may suffer, a broken leg is one of the most prevalent. Motorcyclists typically suffer this broken bone when the rider's lower leg gets caught up under a falling motorcycle and the tibia – which is the load-bearing bone between the knee and ankle – snaps.

While almost 5,000 miles separates the U.S. from Spain, our Atlanta train derailment attorneys at Montlick and Associates grieve for the victims of this catastrophic train accident and send our deepest condolences to the families of the victims. The train derailment crash that occurred this week may be one of the worst European train disasters in in history according to a Reuters report. The horrific high speed rail crash caused at least eight fatalities and injury to at least 94 more passengers according to the article.

Spinal injuries are among the most common type of serious injury suffered in a motor vehicle accident. When one suffers any type of injury to the spine, the consequences may be excruciating pain, long-term disability and limitations on mobility and sensation. Spinal injuries may range in severity from minor discomfort to quadriplegia. Motor vehicle collisions constitute the most common cause of spinal injuries in the U.S. However, there are other incidents caused by the negligent, reckless or intentional conduct of others that often result in injuries to the back and spine, which include sports injuries, violent attacks, construction accidents, slip and falls and more. Because this type of injury occurs frequently and can be extremely serious, our Georgia spinal injury attorney have provided an overview of basic information about this type of accident-related injury.

Driving under the influence of alcohol constitutes one of the most common and preventable causes of serious auto accidents that result in life-altering injuries and fatalities. While drivers committing DUI-related offenses are less able to safely operate a motor vehicle due to slower reflexes, distorted perception and impaired judgment, they also tend to drive at a high rate of speed because they have an inflated sense of their own driving ability. This combination of less control and increased speed means that drunk drivers are not only more likely to be involved in a collision, but the resulting collisions also disproportionately more severe types of injuries.

The appalling prospect of caregivers, who are entrusted with the care of our elderly loved ones, committing acts of violence or viciously ignoring the fundamental necessities of hydration and nutrition may seem hard to imagine. Unfortunately, elderly residents of nursing homes and assisted living facilities throughout Georgia suffer abuse and neglect far too often. Seniors may even be assaulted or neglected by in-home caretakers hired to come in to the home so that the senior can maintain a high degree of independence. Our Atlanta elder abuse attorneys represent seniors and families members of aging loved ones in seeking financial compensation suffered at the hands of those paid to provide care and assistance to seniors.

The potential viability of a wrongful death claim is more problematic in an ATV accident when the fatality victim is the driver. Using a recent accident that occurred in Midway, NC as an example, the preliminary law enforcement report indicated that the accident was caused by the ATV operator's unsafe driving. This does not necessarily preclude recovery against the manufacturer of the ATV. If the ATV was prone to tip over or was otherwise defective, which may include a lack of appropriate safety equipment, the designer, manufacturer, distributor or retailer may be liable for resulting injuries. While the insurance company for the manufacturer of the ATV would likely argue that the rider's own negligence contributed to his injuries, this would not preclude recovery unless the jury determined that the rider was fifty percent or more at-fault. Any lessor degree of fault assigned by the jury would result in a reduction in recovery according to the rider's degree of fault.

Family members may wish to conduct a thorough investigation before selecting a place to live for their aging loved one. When investigating a nursing home facility, it may be advisable to conduct several physical walkthroughs of the facility with at least one or two unannounced visits being on different days/times. This will provide an opportunity for you to see the facility staffing levels and responsiveness of caregivers at random times. While it may be obvious that a facility that appears unsanitary or reeks of urine, feces or vomit should probably be viewed skeptically, nice facilities that appear to be clean and state-of-the-art can hide hidden dangers. Because insufficient staffing is the leading cause of abuse and neglect in nursing homes, family members may wish to pay particular attention to the number of staff members and the promptness and efficiency of staff when responding to requests for assistance from elderly residents.

According to research, drivers seem to treat sleepy driving like they do texting and driving.  The majority of drivers purport to recognize the risk of driving when a person is too sleepy, but they disregard that risk much like with texting and driving and even intoxicated driving in some cases.  The AAA study revealed that 85 percent of those surveyed characterized driving while a person is so tired that he or she was struggling to keep his eyes open as “completely unacceptable.”