Blog Archive - June, 2013

Most people are aware of the dangers of distracted driving, which have been well documented, but now that July is upon us, there is a new risk – distracted boating.  Some people may fail to consider the dangers of multi-tasking while operating a ski boat, fishing boat or other form of power boat, but the dangers may be even more significant than distracted operation of a car, truck or SUV.  When driving a boat, the operator has less control and no braking ability, so the time necessary to respond to an obstacle or swimmer in the water may be substantially longer than when operating a passenger car.

When consumers buy a product they presume it will function in the manner intended and that it will be free of defects that may cause injury.  However, sometimes products pose hazards to consumers because of defects involved in the design or manufacturing process that produced the merchandise, or alternatively, consumers are put at-risk because the product lacks adequate warnings and instructions.  There are a fair number of recalls each year that involve consumer products like child safety restraint systems, strollers, cribs, playpens, toys and other products designed for infants, toddlers and kids.

Many kids press their parents for fireworks that they can use during the Fourth of July.  These discussions often turn to fireworks that many consider relatively low risk as a compromise position.  Sparklers constitute a form of firework that many parents agree to allow their children to enjoy.  However, a Good Morning America report provides a reminder that even this less intimidating form of firework can still cause serious injuries to kids.

The popularity of motorcycles has surged in recent years.  Whether we consider bikes manufactured in the U.S. like a Harley Davidson or those produced by companies oversees like Honda, Kawasaki, Yamaha or Suzuki, the number of motorcycle enthusiasts riding for pleasure or to save money has greatly increased.  Motorcycles in Cobb County continue to be vulnerable to the irresponsibility and inattention of other motorists, due to the limits in the handling, structural protection and stability of motorcycles.  The lack of protection offered by a Harley and other bikes often means that a motorcycle crash results in injuries that can cause permanent disability.

The Fourth of July is now only days away, so many people in Atlanta and the surrounding areas are making plans and purchasing party supplies.  Whether you are planning to host a barbecue at your home, attend a fireworks show or attend a party, there are always people that are injured during celebrations of Independence Day.  We encourage those who are planning to partake in these activities to memorialize the holiday to make safety a priority.  Our Atlanta personal injury law firm has been providing legal representation to victims of negligent conduct for over 35 years, so we have provided a number of safety suggestions to reduce the risk that your red, white and blue celebration will end in a severe injury:

While dogs are an intrinsic part of many families and have earned their moniker as “Man’s Best Friend,” they are still animals with behavior that is not always predictable.  The decision to own a dog comes with certain responsibilities for the safety of others by properly fencing in a dog or restraining it on a leash in a public place.  Dog mauling incidents are sometimes an accident waiting to happen, because dog owners fail to adequately socialize their dog, or train the dog to be aggressive toward other animals and people.

Everyone has heard the term whiplash and understands the general meaning.  Whiplash is a non-scientific term that describes a category of injuries caused by sudden acceleration and extension of the neck followed by a rapid forward motion, often caused by rear-impact auto collisions.  Whiplash also may result from other incidents including falls and even bungee-jumping.  Whiplash symptoms include neck and back pain and tenderness, headaches, muscle spasms, jaw pain, ringing in the ears, and nausea.  The symptoms may last for a few days to several weeks to indefinitely.  These symptons may also indicate a much more severe condition.

As part of its 30 year commitment to public service and family safety, Montlick & Associates, Atlanta Auto Accident Attorneys, is again sponsoring a pre-holiday auto safety check, this Saturday, June 29th from 12pm to 4pm at the Sam’s Club, 310 Fischer Road in Sharpsburg, Georgia. Experts from the Safe America Foundation will perform a 10-point inspection including a check of tires, belts, brakes and other key parts, compliments of Montlick & Associates.

Trampolines can be an enjoyable source of entertainment and exercise, but they also pose dangers when they are not used or installed properly.  Trampoline accidents can occur when using a trampoline in the backyard of a neighbor or in a recreation center managed by a commercial business.  According to a USA Today article, an American Academy of Pediatrics’ policy statement on trampoline safety published in the medical journal Pediatrics has concluded that trampolines are “inherently dangerous.”  The policy statement strongly discourages use of trampolines according to the USA story.

Most Americans seek medical treatment from qualified physicians, surgeons and other medical professionals expecting that they will honor the well regarded maxim of medical ethics “to do no harm.” Unfortunately, a recent article in USA Today provides a chilling account of the enormous number of life-altering but unnecessary medical procedures performed by medical professionals each year. The article indicates that as many as 10-20 percent of operations performed by surgeons in some areas of medical specialty may be unnecessary. The article also indicates that the high rate of medically unnecessary procedures performed by medical professionals means that tens of thousands of people undergo the risks associated with surgery annually despite any legitimate medical justification.

There have been significant advances in vehicle safety in recent years, such as more extensive airbag protection, crash avoidance systems and features that warn drivers about potential mechanical issues.  While innovations that reduce the number of car accidents are a welcome development, a new study conducted by AAA indicates that some safety devices may actually make vehicle occupants less safe.  While many people understand the hazards posed by drivers who avert their eyes from the road or hands from the steering wheel, the new study focuses on mental distraction of drivers.

Sometimes the cause of a trucking accident or car crash is fairly obvious, but other times it can be the perfect coordination of negligence by multiple parties that is so precise in causing a disaster that it could not be purposely replicated.  The recent collapse of an I-5 bridge in Washington provides just such an example.  While the horrifying bridge collapse resulted in multiple vehicles plunging fifty feet into the icy water below, it is truly remarkable that there were no fatalities in this bridge collapse accident, though several people required hospitalization.

While airbags are a vital form of motor vehicle safety equipment, the number of recent recalls involving both domestic and foreign auto manufacturers has become alarming.  The National Highway Traffic Safety Administration (NHTSA) has added 320,000 Honda Odyssey minivans to its ever-expanding probe of defective airbags.  The scope of the investigation now includes three auto manufacturers and more than two million vehicles.

Although many people know that Georgia like other states has a Move-Over Law that is designed to protect those providing and receiving roadside or emergency services, the continued injury to those offering assistance to motorists with disabled vehicles and at motor vehicle accident sites serves as evidence that the danger has not abated despite the law.  At the Georgia motor vehicle accident injury law firm of Montlick and Associates, we are committed to making the streets and highways of Atlanta and the surrounding area safer so we urge all motorists to move over when they see an accident, disabled vehicle or traffic stop.

While auto accidents can cause significant injury to occupants of all ages, vehicle collisions remain the leading cause of death of kids according to the Centers for Disease Control and Prevention (CDC). Car accidents cause the death of over 1,300 kids that are age 14 or younger and approximately 179,000 more kids are injured in a typical year according to the CDC. The CDC website also suggests that many of these tragic, fatal accidents involving kids are avoidable if appropriate safety precautions are taken, such as proper use of a car safety restraint, booster seat or seat belt.

With the summer in full swing, many families are making travel plans which include arranging flights, rental cars and hotel reservations.  While traveling can provide a form of rest and recreation from the hustle and bustle of work, it also can result in travel-related injuries.  While some of these types of injuries may seem fairly obvious like motor vehicle accidents and falls on slippery pavement near swimming pools, other travel-related hazards may be equally dangerous but far more insidious.  One travel-related hazard that you may not have considered is exposure to toxic substances.

Summer has finally arrived which means many people will be heading out to Lake Lanier and other waterways in Georgia to engage in boating, fishing, skiing, wakeboarding and other water sports.  Although boating offers an enjoyable way to cool off and engage in recreational activity, anyone who has spent a Saturday during June through August on the lake knows that the high number of boats mixed with alcohol can result in terrible boating accidents that include propeller mutilation injuries, collisions between watercrafts and drowning incidents.

Drivers may not worry about being involved in a motor vehicle accident in Atlanta or the surrounding areas of Georgia because a driver missed their morning trip to get a cup of Java.  However, a new study suggests that the risk of being involved in a collision with a driver whose alertness is adversely affected by lack of sleep may be higher than previously believed by some traffic safety experts.

Although many people have heard the term “road rage,” it is easy to dismiss the threat of road rage as an obscure incident that is only carried out by disturbed individuals.  Because there are serious limits to what anyone who navigates the Georgia highways can do to avoid a road rage incident, the thought that this type of unpredictable activity could change the lives of any of us instantly is sometimes hard to contemplate.  Unfortunately, road rage incidents can happen anywhere and involve anyone as a recent fatal road rage attack in another state vividly illustrates.

When a resident of a nursing home develops bed sores, it can be a serious symptom of neglect.  While sometimes a nursing home facility will defend an elder care neglect lawsuit that involves serious complications from bed sores as a manifestation of certain medical conditions, bed sores typically can be prevented when patients in nursing homes receive adequate care.  Bed sores are areas where the skin becomes damaged because of impaired circulation in areas where the skin is in close proximity to boney protrusions of the body.  When bed sores are not treated promptly, they can lead to serious complications like sepsis, gangrene, osteomyelitis and even wrongful death.

The societal focus on beauty, personal appearance and weight loss sometimes motivates people to take unnecessary health risks to appear thinner, younger or more attractive.  While individuals are free to seek out elective medical procedures like breast implantation, liposuction and other cosmetic procedures, those considering such procedures should be cautious about “back alley plastic surgery.” It is dangerous to allow such procedures to be performed by someone without appropriate medical training and a medical license to perform these surgical procedures.

This blog has previously discussed FDA attempts to deal with the potential danger posed by compounding pharmacies in the wake of the national outbreak of fungal meningitis allegedly related to contamination at a compounding pharmacy.  A recent report in the USA Today indicated that FDA inspectors have issued a citation that includes multiple violations by a compounding pharmacy in Newbern, Tenn.  The new report indicates that the citations were issued after investigators discovered spiders in the clean room at the compounding facility.

The Georgia Personal Injury Attorneys at Montlick & Associates are proud to sponsor the firm's 6th Annual "Most Deserving Military Family Contest" to send a local military family to their choice of vacation destinations in the Continental U.S. The nomination phase of the contest is underway now thru Sunday, June 23, 2013. The winning family, along with four runner-up families, will also receive season passes to Six Flags and White Water theme parks. To be eligible to win, the family must be an active, reserve or veteran military family residing in Georgia.

While we typically associate ambulances with life-saving emergency medical responses, drivers of ambulances also routinely drive in ways that can lead to collisions, such as disregarding traffic signs and signals, speeding and engaging in other potentially hazardous driving maneuvers.  The USA Today report of a recent fatal ambulance accident in Ocilla, Georgia poses a tragic reminder. 

If you are struck by a distracted driver who is rushing to a worksite, you might be able to pursue a legal claim against the driver if, for example, you are struck in a crosswalk while crossing with the “walk” signal.  However, the situation can be complicated if the driver lacks adequate insurance to cover your injuries.  We frequently hear from pedestrians, drivers and passengers who suffer injury when they are involved in a collision with an employee driving a work truck.  Because these trucks may substantially outweigh a small economy car, the occupants in the economy car can suffer life-changing injuries.

The Georgia Super Speeder Law is a valuable tool for discouraging operating a motor vehicle at high rates of speed, which constitutes one of the most dangerous forms of driving.  When drivers violate the speed limit, they increase the probability of a collision as well as the severity of resulting injuries and vehicle damage.  According to the Institute for Road Safety Research, vehicle collision rates increase with speed as well as when individual vehicles exceed the general speed of traffic.  The organization also reports that higher speeds result in more intense collisions and worse injuries especially when there is a substantial difference in mass between the vehicles.  The traffic safety organization also reports that those in the lighter vehicle usually suffer more severe injuries than those in the heavier vehicle.

While golf carts provide a convenience on the golf course and fun in certain communities where they are legal, they can also be dangerous because of their potential to rollover as well as their lack of safety features, such as protective frames, seatbelts or airbags.  There are many communities throughout Georgia where golf carts provide a second vehicle.  Lawful operation of a golf cart is covered by both Georgia statutes and ordinances enacted by local municipalities and counties.

A recent Gwinnett County lawsuit reported in the Daily Report provides a reminder of the dangers of using social media sites when you are involved in personal injury litigation.  The plaintiff was injured when she was the passenger in a vehicle driven by a friend.  As the vehicle was proceeding straight through an intersection, a commercial van for a refrigeration company traveling in the opposite direction made a left turn directly in the path of the vehicle in which the plaintiff was a passenger.  The driver of the van was cited for failure to yield according to the Daily Report summary of the case.

If you are a parent of a teenager, you may experience fears about your kids caving under peer pressure and engaging in high risk activity like drinking and driving, experimentation with drugs or other high risk behavior.  A recent tragedy involving a teenage girl from Dawsonville, which is approximately twenty miles from Atlanta, provides a stern warning about a risky adrenaline oriented activity.  The Georgia State Patrol has indicated Anna Hawkins was “car surfing” on the hood of an SUV after the teen driver operating the vehicle lost control of the SUV and crashed into an embankment according to a report on FoxNews.com.  Our Atlanta personal injury attorneys at Montlick and Associates extend our deepest condolences to the teenager’s family.

Motor vehicle accidents continue to claim the lives of approximately thirty thousand people per year in the U.S., and cause debilitating injuries to many more. While any collision can cause debilitating injuries and wrongful death, the unique physics of Georgia trucking accidents pose a particularly serious risk to those struck by a tractor-trailer. The weight of a semi-truck can exceed that of a compact economy car by more than 25 times. Because of this disparity in bulk and size, as between the two vehicles, the occupants of the small compact car will almost always be the parties that suffer permanent devastating injuries. If you have been involved in a tractor-trailer crash in Atlanta or anywhere in Georgia, we know you will have many questions and concerns. Remember, you can obtain specific information based on your unique situation by having a no obligation- free consultation with one of our knowledgeable Georgia trucking accident attorneys at Montlick and Associates.

While our Fulton County motorcycle accident attorneys see the havoc and life-changing effects created by texting drivers, sometimes it is hard for those who do not face these tragedies on a daily basis to see them as more than a statistic.  However, we regularly meet with heartbroken families and injury victims that have had their lives permanently altered by drivers using cell phones to talk and text.  Motorcyclists face an increased risk of being involved in a motorcycle collision as well as a heightened risk of experiencing more permanent and debilitating injuries because more limited manueverability and they have essentially no protection from injury.

If you have ever watched a car chase involving a law enforcement vehicle and another driver on television, you may have wondered why these high speed chases do not result in auto accidents. The reality is that these high risk incidents can and do result in motor vehicle accidents that cause serious injury and wrongful death. Whether you are struck by a law enforcement officer vehicle or a fleeing motorist, you may find that you face challenges in successfully pursuing financial recovery in a personal injury claim.

Many of us engage in a practice on a regular or even daily basis that causes injuries to dozens of people across the U.S. every day.  The activity is such second nature that few even recognize the risk.  However, the Consumer Product Safety Commission (CPSC) reports that approximately 17,000 people per year are injured while using an escalator or elevator.  Whether you are using an escalator in a parking structure, at the mall, or an elevator in your office building, these devices can cause serious injuries including loss of digits, amputation of extremities and broken bones or head injuries in incidents involving entrapment or falls.

The last month has been strange for unusual types of accidents.  We recently wrote about the bridge collapse accident caused by a tractor-trailer that sent vehicles plummeting into the water below.  This bridge collapse accident, along with a horrific train crash only a few days later, illustrates that lightning can strike twice.  Two freight trains collided in Missouri causing at least eight rail cars to derail and damaging the supporting pillar of an overpass causing the overpass to collapse.  While no one died in the fiery train crash, seven people including two in vehicles that fell from the overpass suffered life-threatening injuries.

Because our Atlanta tractor-trailer accident attorneys handle a significant number of trucking collisions, we have seen the carnage that is created when commercial carriers and truck drivers do not comply with trucking industry regulations and industry safety practices.  (We note that we also do represent a number of accident victims who are truck drivers who are professional and take their jobs and safety seriously.)  Regardless of whether you are driving a sedan, pickup, SUV or van, the weight disparity between your vehicle and a semi-truck will frequently mean that occupants in your vehicle suffer severe injuries or even death in a big-rig crash.

With the summer upon us, many people in Georgia have already started using their ski boat, Sea-Doo, Wave Runner, personal water crafts (PWCs) and other water vessels for fun on Lake Lanier and other bodies of water in and around Georgia.  While watercraft sports like skiing, wakeboarding, tubing and hydrofoiling can provide recreation, excitement and physical activity, they also can pose serious hazards which are especially dangerous when watercraft sports and alcohol are mixed on a hot afternoon on the lake.

When we go to the hospital or a doctor for routine medical examinations or mild symptoms, we anticipate that we will not be left in a worse condition than when we sought medical attention.  However, the parents of a teenage girl in New York have filed a lawsuit against a hospital after the girl suffered a significant brain injury while undergoing a diagnostic procedure for stomach discomfort.  According to the widely reported story, the brain injury lawsuit alleges that the physician disrupted the flow of oxygen to the teenager’s brain when performing an endoscopy, which involved inserting a camera into the throat.

While collisions involving large commercial trucks pose a greater risk to everyone using the roadways, from other motorists to pedestrians, there are certain types of trucking collisions that are especially hazardous even when only tractor-trailer accidents are considered.  When trucks transport certain types of cargo, the nature of the load can increase the danger to others in terms of the probability of a Georgia trucking accident and the severity of the collision.

Barbeques with family and friends are almost a rite of passage during the summer including on Memorial Day Weekend and Fourth of July.  When people use their home grill for a cookout, the potential danger of fire or explosion injuries is usually not a significant concern.  However, product defects associated with barbeques or the propane tanks that supply fuel can cause serious injury or wrongful death.  When barbeque accidents occur, the result can be horrific burn injuries that cause intense pain and require substantial surgery.

While the Food and Drug Administration (FDA) generally oversees and regulates drug safety for consumers, the outbreak of fungal meningitis last year exposed a weakness in our drug safety protocols for compounded drugs.  The term “compounded drugs” refers to multiple drugs that have been mixed together to provide a specific formulation for the benefit of particular patient that is not yet available or approved by the FDA.  In the wake of this health crisis, Congressional committees have advanced two separate bills that would grant the FDA more authority over compounded medications.

Our experienced Atlanta teen driving accident attorneys at Montlick and Associates have previously written about the important role that parents play in monitoring the driving of their teenager and modeling safe driving practices.  Because many of our personal injury attorneys are parents of teens ourselves, we know that this advice is much easier to give than to follow in practice.  Teenagers by their nature are often defiant as they challenge limits and assert their growing independence.  As any parent knows, the process of trying to convince a teenager to drive safely can be extremely challenging.

Many people are making vacation plans because the summer is upon us, but traveling can mean placing one’s safety in the hands of others.  When you take a hotel shuttle or van transport from the airport, you probably do not worry that you will be involved in a collision.  The assumption that motor vehicle accidents are rare events, combined with the notion that a shuttle operator is a professional driver, may provide a false sense of security.