Blog Archive - April, 2014


24 Articles

The Duty of Georgia Passenger Train Operators as Common Carriers

April 29, 2014

While train accidents, including collisions with motor vehicles and derailments are relatively uncommon, commuter trains, Amtrak and other passenger railroad lines still become involved in accidents resulting in devastating injuries and fatalities. While any operator of a form of transportation owes a duty or reasonable care to passengers, train companies owe passengers a higher standard of care based on their status as a common carrier.

Study Suggests That 2 Million People Per Year May Be Injured in Distracted Pedestrian Accidents

April 29, 2014

Although federal traffic safety agencies like the National Highway Traffic Safety Administration (NHTSA) and the National Transportation Safety Board (NTSB) have devoted an enormous amount of attention to the growing epidemic of distracted driving, far less attention has been placed on collisions involving distracted pedestrians. However, a recent study conducted by researchers at Ohio State University and published in Accident Analysis and Prevention found that approximately 1,500 pedestrians per year are treated in hospital emergency rooms after being struck by a vehicle while trying to use a cell phone while walking.

The Elderly Face High Risk of Traumatic Brain Injuries Caused by Falls

April 28, 2014

Most people are surprised to learn that falls are one of the leading causes of traumatic brain injuries (TBIs). Senior citizens are particularly prone to suffering severe head trauma in slip and fall and trip and fall accidents. A third of our senior (over 65) population in the U.S. suffers a serious fall accident according to the Centers for Disease Control and Prevention (CDC). Fifty percent of the elderly who suffer fatal falls experience serious TBIs. CDC data also reveals that the danger facing seniors of being involved in a fall increases to 50-60 percent each year once a person reaches the age of 75.

What Gwinnett County Trucking Accident Personal Injury & Wrongful Death Victims Need to Know

April 28, 2014

Motor vehicle collisions involving tractor-trailers (semi-trucks, 18-wheelers, big-rigs) frequently involve complex litigation issues. Commercial trucking lawsuits in Gwinnett County and the surrounding areas of Georgia are complicated by extensive trucking regulations, the vast resources of trucking companies and trucking industry practices that sometimes include manipulating evidence. Because these collisions are more likely to result in the most serious types of injuries including loss of limbs, crushed bones, severed spinal cords, brain damage, and other injuries that have a permanent impact on one's ability to continue in a chosen occupation, fully enjoy daily life experiences and participate in parenting responsibilities without physical limitations, being represented by an experienced Atlanta truck accident attorney as soon as possible can be critical.

Atlanta Personal Injury Attorneys Comment on NHTSA Investigation of Tesla® Model S Fire Risk

April 28, 2014

Our Atlanta Personal Injury Attorneys have followed the National Highway Traffic Safety Administration (NHTSA) investigation into whether the high end Tesla® Model S presents a greater vehicle fire risk related to its electric battery system from underbody strikes. The NHTSA has issued a report following its four month investigation into safety concerns involving the luxury electric cars following two separate fires involving the vehicles. One of the vehicle fires occurred in a state neighboring Georgia. Although the federal safety investigation found no apparent defect trends, the vehicle manufacturer has agreed to address concerns about the risk of fire caused by objects below the vehicle impacting the vehicle’s batteries.

Georgia Golf Cart Crashes Can Result In Severe Injuries

April 28, 2014

There are thousands of golf cart-related injury victims that require treatment in an emergency room throughout the U.S. each year according to the Consumer Products Safety Commission (CPSC). The CPSC also indicates that about forty percent of the time people are thrown from the cart; many of those injured are small children and teenagers. Rollover accidents involving golf carts are particularly dangerous and make up approximately ten percent of golf cart accidents.

New Autonomous Driving Technology Offers Safety Benefits & Complex Liability Issues

April 27, 2014

While public safety experts have lauded the move toward self-driven vehicles, this technology has generally focused on vehicles navigating city streets and highways under routine driving conditions. A new technology recently unveiled at the Consumer Electronics Show (CES) in Las Vegas takes the notion of autonomous cars to the next level with an innovation from BMW called "ActiveAssist®," which is designed to assist drivers under difficult driving conditions rather than just a comfortable jaunt around town according to a USA Today report.

Montlick and Associates Applaud New National Campaign to Battle Distracted Driving

April 22, 2014

Federal safety experts have unveiled a shocking new tool that is designed to discourage the dangerous practice of texting and driving. The DOT’s National Highway Traffic Safety Administration (NHTSA) has produced a thirty second video that uses powerful imagery to drive home the potential consequences of text messaging behind the wheel. This new distracted driving prevention effort is comprised of both a national advertising campaign and law enforcement crackdown. The stepped up law enforcement efforts will coincide with an $8.5 million dollar advertising campaign according to the NHTSA announcement.

Montlick and Associates Reviews a Congressional Hearing Criticizing GM for Ignoring Cheap Ignition Defect Fix

April 22, 2014

Atlanta product liability attorney David Montlick found the recent revelation that a defective component in the ignition switch of certain GM® vehicles could have been repaired for less than a dollar per vehicle deeply disturbing. Montlick and Associates expresses its condolences to the families of the 13 people who died in preventable accidents allegedly related to faulty ignition switches.

Atlanta Personal Injury Lawyers Warn Vehicle Owners about the Danger of Counterfeit Airbags

April 22, 2014

Air bags may be the most important vehicle safety innovation since the development of seat belts, but not all airbags are created equal. Although there has been extensive media coverage regarding defective air bag systems installed in vehicles manufactured by a number of large automakers, less coverage has been devoted to the dangers posed by counterfeit airbags. The risk posed by this form of defective vehicle safety equipment has evolved into a national problem since organized crime rings began selling counterfeit airbags to independent auto body shops. The National Highway Traffic Safety Administration (NHTSA) has estimated that more than 230,000 used vehicles could be equipped with these unsafe airbags.

Speed and Inexperience Common Factors in DeKalb County Motorcycle Accidents

April 10, 2014

The factors of speed and inexperience often create a potentially deadly combination of risk factors for motorcyclists attempting to navigate the streets and highways of DeKalb County. When motorcyclists lack sufficient experience or ride a motorcycle that is beyond their ability, they are especially vulnerable to drivers who are not paying attention to the road or who fail to obey right of way rules and other traffic safety laws. The motorcycles that are manufactured today have the capacity to travel at extremely high rates of speed but should not be driven at those speeds except perhaps by a professional motorcycle rider on a racetrack. When a negligent driver of a car, truck or SUV is added to the mix, the results can be devastating.

High Risk of Fatal Atlanta Rollover Accidents Involving 15-Passenger Vans

April 08, 2014

Rollover collisions constitute one of the most dangerous types of collisions in terms of catastrophic injuries like spinal cord damage, traumatic brain injuries and limb amputations. SUVs and pickup trucks have a high center of gravity so they are far more prone to rollovers than passenger cars. When SUVs and pickups roll over, there is a substantial risk of roof crush injuries and partial or full vehicle ejections. According to a report from the National Highway Traffic Safety Administration (NHTSA), vehicle rollovers constitute only three percent of motor vehicle accidents but these collisions account for a third of all motor vehicle accident related fatalities.

What Expectant Moms in Georgia Need to Know about Breech Births

April 08, 2014

When a mother gives birth to a baby, it should be one of the most emotional and joyful experiences of a woman's life. When an expectant mother is under the care of a diligent physician and receiving proper medical examinations and monitoring, then 97 percent of the time the birth of a child is an experience that is joyful and uncomplicated.

Understanding the Significance of Georgia Auto Accident Reports

April 07, 2014

If your vehicle suffers serious property damage and/or you suffer injury in a collision when traveling the roads and highways of Georgia, state law requires that a report be filed if the collision results in significant property damage (i.e. $500 or above) or injury to any party involved in the accident. The other driver in the collision may express a preference not to report the collision and settle the matter informally with direct payment for any damage. While there is no legal duty to report a Georgia car crash if there is no significant damage to the vehicles and no one suffers injury, the decision to forgo notifying law enforcement is a risky proposition. Our Georgia motor vehicle accident attorneys at Montlick and Associates advise contacting law enforcement so that an investigation can be undertaken, which is especially helpfu if you later discover you have injuries that were not immediately apparent.

Danger Posed by Semi-Truck Accidents Resulting in the Release of Hazardous Materials

April 07, 2014

The trucking industry provides a vital component of the logistics process in Georgia and throughout the U.S. If you travel the highways in and around Atlanta, you are likely to see over-the-road truckers hauling products for the top retailers across the country. What might not be as obvious are drivers in rigs that are hauling any of a wide variety of flammable or hazardous materials. While many of the responsibilities of hazardous or flammable material truck drivers and commercial carriers are identical to that of other semi-truck drivers and trucking companies, there are some important differences designed to protect the public from the risk of fire, explosion, radiation and other effects of potentially hazardous substances.

Georgia Motorcycle Accident Lawyer Provides Tips for Preserving Your Personal Injury Claim

April 07, 2014

When people are involved in a motorcycle accident while traveling the streets and highways of DeKalb County, our Georgia motorcycle accident lawyers recognize that motorcycle crash victims may be unsure what steps to take to protect their legal rights and preserve the value of their claim. A financial claim for damages may include compensation for medical bills, pain and suffering, property damage, lost wages, reduced earning capacity, loss of companionship and even punitive damages. Because motorcycle riders tend to suffer more substantial injuries in a collision, the financial recovery obtained from a drunk driver, distracted driver or other unsafe motorist might have a substantial impact on your quality of life. Our DeKalb County motorcycle accident lawyers at Montlick and Associates have provided a few tips that can help motorcyclists obtain the compensation they need following a serious motorcycle crash.

Single Car Accidents May Still Provide a Basis for Financial Recovery

April 07, 2014

When motorists contemplate the risk of fatal motor vehicle accidents, common images that probably come to mind involve scenarios like drunk drivers speeding the wrong way on the freeway who slam into another vehicle head-on. While many people die in multi-vehicle collisions, studies have shown that the majority of fatal highway crashes involve only a single vehicle. Researchers from AAA-Mid-Atlantic studied almost 8,000 fatal crashes over a five year period covering three states and found that almost 59 percent of the collisions in which someone died involved only a single vehicle. Families of those who die in single vehicle accidents can face serious financial hardships from the loss of a loved one along with the grief and anguish of losing a family member. Some families in this situation incorrectly assume that they cannot seek financial compensation for their loss because there was no other driver involved in the collision.

Montlick and Associates Reviews Walgreen Lawsuit Based on Doctor Warnings Not to Fill the Prescription

April 07, 2014

A recently filed lawsuit raises novel questions about the liability of a pharmacy that continues to dispense medications even after being informed by a doctor that the pharmacy should no longer fulfill the prescription according to an online report. A pharmacy can be liable for improperly filling a prescription if the customer suffers adverse effects because the pharmacy provides the wrong drug or incorrect dosage. Our Atlanta medical malpractice attorneys at Montlick and Associates handle all types of medical negligence claims, including pharmacist malpractice.

Tips to Influence Atlanta Accident Reports and Preserve Evidence Following a Collision

April 05, 2014

Because many people do not expect to be involved in a traffic collision and lack experience with such unsettling events, personal injury victims sometimes fail to act in a way that will preserve evidence which is relevant to a successful Georgia car accident claim. A common but important misstep includes either not contacting law enforcement to report the crash or failing to pay enough attention to the content of official Atlanta Accident Reports. Between making efforts to gather and preserve evidence at the scene and facilitating the preparation of a police investigation, Georgia car accident victims can have a significant influence on the viability of their personal injury claim.

Cobb County Auto Accident Attorney Notes Nissan Recall for Faulty Air Bags

April 04, 2014

Nissan® has joined the glut of vehicle manufactures who have recently recalled vehicles because of defective air bags. The automaker has recalled a million vehicles because of a problem with the vehicle software that might incorrectly determine that the front passenger seat is unoccupied. When this occurs, the air bag may fail to deploy during a crash. Some of the vehicles involved in the current air bag recall were previously included in an 82,000 vehicle recall last year because of a faulty air bag sensor that could have prevented the air bag from deploying.

Atlanta Personal Injury Attorney Discusses Slip and Fall Accidents Causing Traumatic Brain Injuries

April 04, 2014

Many people underestimate the potential severity of injuries experienced in a fall because of slippery flooring, or potholes in a sidewalk, but slip and fall accidents and trip and falls are one of the most common causes of traumatic brain injuries (TBIs). A traumatic brain injury can cause loss of sensation, paralysis, impaired speech and even death. There are few injuries that are as debilitating as a serious brain injury, so falls caused by hazardous conditions on commercial, residential or government property can result in significant liability for property owners.

Atlanta Tour Bus Accident Attorneys Discuss Options for People Involved in Collisions While Traveling in Georgia

April 04, 2014

Our Atlanta accident attorneys recognize that most people have ridden on a shuttle bus when traveling to an airport, hotel or a sightseeing excursion. However, people away from home for a vacation or on a business trip can face an array of complications if they are involved in a collision while riding in a shuttle bus, taxicab or limousine. If you are involved in a motor vehicle collision while using these modes of transportation on a trip, you can face logistical challenges created by the distance when you seek compensation for your injuries. Many families and college students are using spring break or Easter to visit family or seek a much needed break from the everyday pressures of work and school. Some of these travelers will be involved in motor vehicle accidents when using for hire transportation services, so we have provided some suggestions.

High Stakes for Retired NFL Players: Judge Declines to Approve $765 Million Settlement

March 04, 2014

The lawsuit filed by former players against the NFL has focused attention on the potential risk of head trauma and concussions to athletes in contact sports at all levels, including youth, collegiate and professional sports leagues. These safety concerns and the stakes in terms of player safety and financial costs are reflected by the recent decision of a federal judge not to grant preliminary approval of a $765 million settlement because of fears that it will be inadequate to compensate the 20,000 retired players who have a financial stake in the outcome of the litigation. Although the majority of personal injury lawsuits are resolved through a negotiated settlement prior to trial, this lawsuit reveals that even large proposed settlements in class action lawsuits can be rejected by a judge.

Atlanta Defective Vehicle Attorneys Review GM Handling of Faulty Ignition Problem

April 04, 2014

The Ford Pinto® recall debacle of the 1970s became a classic example of the danger to consumers when large corporations elect to treat personal injury or wrongful death judgments and settlements as a “cost of doing business.” The massive punitive damage award was designed to send a message that public safety should not be subject to the same type of cost-benefit analysis that might be used to decide if the cost of drink holders is justified by additional profits. New revelations regarding the recent General Motors® (GM) recall related faulty ignition switches suggest that perhaps we have not made nearly enough progress since the Ford Pinto litigation became a textbook case study for corporate ethics.

Blog Archive

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.