Blog Archive - February, 2014

The college experience is an exciting time for many who are living away from home and experiencing an enormous amount of independence for the first time in their lives. The rigor of studying and preparing for exams is offset by the multitude of social activities and parties. There are many college students who join fraternities and sororities that offer social interaction and a fair amount of parties with significant amounts of alcohol. This new level of freedom can pose a challenge as young adults still developing habits for drinking responsibly. A recent fatal wrong way car crash that claimed the lives of five people, including four fraternity brothers, serves as a reminder that college age kids are far more likely to die in a car accident than older adults. Our Cobb County car crash attorneys express our deepest sympathies to the victims of this terrible accident and their families.

When you purchase beef, poultry or other food items from the grocery store or a restaurant, the assumption is that the food has been properly processed so that it is free of contamination that can cause food poisoning or other sickness related to food borne pathogens. A recent recall of 8.7 million pounds of beef produced by Rancho Feeding Corporation serves as a reminder that sometimes appropriate standards are not met which can expose consumers to the risk of serious illness. The recalled meat was from animals that were "diseased and unsound" and that were not properly inspected according to an official from the U.S Department of Agriculture quoted by CNN.

Hernia surgery has evolved in recent years from the traditional procedure that involved stretching the weakened tissue to close the opening in the abdomen to correct a protrusion of an organ, tissue, muscle or other structure, with the stretched tissue being stitched together. The more common approach to hernia surgery now involves employing a hernia mesh patch to keep the protruding structure in place. While the use of abdominal hernia mesh has become a common practice, more than a 100,000 of these medical devices have been recalled because of serious flaws that can cause permanent debilitating injuries.

When people ride a tour bus or charter bus, passengers have little choice but to trust that the buses have been properly maintained and that the drivers have the experience and driving record to safely transport the public. Unfortunately, a slew of bus accidents across the U.S. over the last several years has exposed an emerging trend of renegade tour bus and charter bus companies operating buses despite poor maintenance records and multiple regulatory violations by the busing company and its drivers. This wave of bus accidents has motivated the Federal Motor Carrier Administration (FMCA) to enact new regulations designed to more closely monitor bus companies with a pattern of safety violations.

While the massive bulk of an 18-wheeler generates enormous force when it collides with a passenger sedan that weighs only a fraction of the commercial truck's weight, some collisions are caused by cargo loads rather than a collision with the tractor-trailer. A recent spill of 38,000 pounds of frozen chickens on the I-285 ramp provides an example of the way an improper load on a big-rig can create obstacles that cause motor vehicle accidents. While this incident tied up the interstate for hours as the mess was cleaned up, it was fortunate that there were no accidents resulting in serious injury or fatalities.

Despite extensive investment in law enforcement resources and public service messages, many people continue to operate motor vehicles even though their driving ability is impaired by alcohol. Drunk driving has long been the most significant contributing factor in fatal car accidents. Approximately one third of all car crash-related fatalities involve alcohol impaired drivers. Tragically, accidents caused by drunk drivers claim the lives of about 10,000 people per year even though these accidents are a hundred percent preventable. When drivers choose to operate a motor vehicle when intoxicated, the consequences can be horrific accidents that cause life-altering injuries and wrongful death.

While most Cobb County drivers recognize that cell phone use while driving is hazardous, fewer appreciate the full extent of the danger posed by text messaging. Many public safety organizations have begun referring to texting while driving as "the new DUI," but the practice does not yet generate the same sense of moral outrage as drunk driving. It is somewhat hard to understand why this is the case because recent studies suggest text messaging while driving may cause as many accidents and fatalities as driving while intoxicated. According to a study conducted by the Human Factors and Ergonomics Society, drivers that text message are six times more likely to be involved in a car accident than those who are not texting.

The bitter cold of winter continues to linger driving families to seek creative ways to stay warm. Many families use space heaters to make the winter chill manageable. These types of heaters are designed to provide heat to a relatively small area. While space heaters are often portable, this category of heater also includes wood burning or gas burning permanently installed types of heaters.

While trucking accidents constitute one of the most deadly forms of vehicular accident, the industry is closely regulated in order to help reduce the number of crashes involving these massive motor vehicles. Despite such regulations, trucking accidents in Atlanta and the surrounding areas of Georgia still claim the lives of vehicle occupants and cause disabling injury to many others. While tractor-trailer crashes in Georgia can be the result of a range of factors, our experienced Atlanta Truck Accident Attorneys at Montlick and Associates have provided a summary of the most common causes of these accidents based on a study conducted by the Federal Motor Carrier Safety Administration:

Although many people consider a car supplied by an employer to be a valuable employment-related perk, recent research conducted by TomTom® reveals that car fleets may be subject to slower adoption of technology than truck and van fleets. Trucks and vans that are part of company fleets are carefully tracked with GPS technology. Although professionals that drive company cars may be less amendable to being tracked with onboard technology, these tools are used to help drivers avoid traffic congestion, more efficiently monitor mileage for taxes, reduce the risk of tickets for speeding and avoid collisions.

While many people perceive that a scooter, moped, Vespa® or similar vehicle is relatively benign form of recreation and transportation, these vehicles are similar to motorcycles in terms of their lack of stability and protection. Because scooter-type vehicles offer essentially no protection from injury during a crash, collisions with passenger vehicles can cause severe injury, necessitating a long arduous course of treatment and rehabilitation. The physical and emotional toll can also be equally devastating when the driver of a scooter runs down a pedestrian.

Most people presume that they are entitled to financial compensation when a driver veers into their lane, sideswipes their vehicle or blows through a red light and slams into their car. However, the situation gets a lot more complicated when the errant driver claims that he or she suffered a sudden unanticipated medical emergency.

The birth of a child typically is one of the happiest and most anticipated moments in an individual's life, but sometimes medical malpractice immediately prior, during or after the birth of an infant can result in heartbreak. The parents of a baby reached a settlement of $6.5 million after enduring the devastating news that their son Haiden Rivera suffered cerebral palsy allegedly caused by an interruption in oxygen during the birth process according to a Killeen Daily Herald report.

Many drivers have had the terrifying experience of dozing off, even if only momentarily, while traveling along a Georgia interstate after a sleep deprived night. While drunk driving may get more focus from the media, it is hard to imagine any form of driving practice that is more dangerous than drowsy driving. This form of unsafe driving might be almost as avoidable as driving while intoxicated. Difficult economic conditions are forcing people to work multiple jobs and longer hours which is reducing the amount of sleep many motorists get during the night. Although tired and fatigued drivers constitute a risk that is comparable to that imposed by intoxicated drivers, most motorists are less aware of this issue, so our Cobb County Auto Accident Lawyers have provided some key facts motorists need to know about sleep deprived driving.

Few people would deny that motorcyclists face a higher accident risk and greater possibility of suffering permanent debilitating injuries than occupants of passenger vehicles. Motorcycles require a special skill set because of their unique handling features. When motorcycles accidents occur in Cobb County and the surrounding areas of Georgia, they typically result in more serious injuries particularly when riders are not wearing motorcycle helmets. Approximately 4,500 motorcyclists per year die in fatal motorcycle accidents. The disproportionate risk associated with motorcycle collisions has led to a contentious dispute in Washington D.C. over the use of "motorcycle-only checkpoints."

When semi-trucks are involved in a collision, the very nature of the accident changes because of the massive size and weight of these large trucks. Although rear-end collisions involving any type of motor vehicle can cause serious injury, vehicle occupants in rear impact crashes often escape serious injury. However, a "rear-ender" involving a commercial truck is different because even low speed collisions can be devastating when one of the vehicles outweighs the other vehicle by more than 25 times, as evidenced by a recent fatal semi-truck accident.

When insurance companies defend negligent parties in lawsuits involving auto accidents, medical malpractice and other accident claims, the severity of injury will be a major consideration in determining the amount of damages. While the jury is not supposed to use the devastating nature of a plaintiff's injuries in and of itself as a basis for imposing liability to hold "someone" accountable, there is always a risk that the jury will be so unduly moved by horrific injuries that their decision is based on unfair bias rather than the law and facts.

While bicycling is healthy, inexpensive and environmentally friendly, an alcohol impaired motorist or distracted driver can quickly turn a leisurely Sunday bike ride into a dangerous and frightening experience.  The National Highway Traffic Safety Administration (NHTSA) reports that during a recent one year period, motor vehicle collisions involving bicyclists claimed the lives of over 700 riders and caused injury to 49,000 other cyclists.  During the same period, bicycle riders accounted for two percent of all traffic-related fatalities.

Unfortunately, sometimes people do not realize why an attorney is helpful. In fact, some parties (known as pro se litigants) may try to handle their own personal injury claims, but the unforgiving nature of the civil litigation system can exact devastating consequences for non-compliance with time deadlines and procedural rules. The following are a few of the most common reasons why pro se litigants often face difficulties when choosing not to hire an attorney:

There are several things people inadvertently do that can negatively affect the outcome of their personal injury case. If you are concerned about avoiding such errors, we invite you to speak to one of our experienced Atlanta motor vehicle accident lawyers at Montlick and Associates. We also encourage you to consider the following:

This is the second part of our two-part blog post addressing questions we frequently receive about how to deal with an insurance claim after being involved in a car accident. Since most people do not have access to assets that can be reached to satisfy the full value of a personal injury settlement or judgment, the insurance of the other driver, a third party or even one's own insurance will usually provide the source of compensation for injuries suffered in a car accident. We invite you to review the information in this installment and Part 1 of this blog post. Those with other questions are welcome to contact our Atlanta car accident insurance claim lawyers for a no obligation free consultation to obtain more specific information about their situation.

When a pedestrian, driver or passenger suffers significant injuries in a collision caused by a speeding, distracted, aggressive, intoxicated or otherwise unsafe driver, an injury victim often suffers significant short-term and long-term consequences. The most immediate impact will be dealing with the intense pain and emotional distress caused by the collision, while long-term problems might include financial hardships from lost earnings and costly medical bills and permanent limitations on one's quality of life. Given the obstacles for victims who suffer broken bones, traumatic brain injury, paralysis, dismemberment, extensive burns and similar injuries, accident victims often rely on receiving a full financial recovery for their injuries and loss so that they can rebuild their lives.

When a pedestrian, bicyclist or occupant of a passenger car is injured in an Atlanta auto accident, the personal injury victim generally will be compensated by an insurance company. In most cases, the insurance company that evaluates, negotiates and pays the claim will be the auto insurance carrier for the at-fault driver and/or a third party. Sometimes an injury victim must pursue a claim against his or her own uninsured motorist (UM) or underinsured motorist (UIM) coverage if the other driver either lacks insurance or possesses insufficient coverage. Because effectively dealing with insurance companies is a fundamental part of obtaining financial compensation for injuries in motor vehicle accidents, our Atlanta auto accident lawyers have provided answers to some frequently asked questions (FAQs) about insurance claims in the wake of a car accident.

When we meet with each prospective client during an initial consultation, they often ask a number of questions about their case. Over the years, we have compiled a list of the most commonly asked questions in cases involving drugged driving. Since drugged driving poses an ever increasing risk of injury for Georgia drivers, our team of seasoned personal injury attorneys have put together the following most frequently asked questions about this extremely dangerous and life threatening driving hazard:

As people travel throughout Georgia and are faced with shorter daylight hours and winter weather such as sleet, ice and snow, the massive number of people traveling, harsh seasonal weather, and intoxicated and fatigued drivers presents a significant risk of transportation accidents. The U.S. Department of Transportation has provided suggestions to make travel safer. Our Georgia Car Accident Attorneys urge everyone to drive carefully because we want fellow Georgians to arrive home safely. We have provided some of the recommendations made by the DOT for safe travel for your convenience: