Blog Archive - May, 2014

While most people are well aware that driving at higher rates of speed typically correspond with more collisions and more severe injuries, the risk posed by a forty ton tractor-trailer combination barreling down the freeway at excessive rates of speed makes this danger exponentially more frightening.  Simple physics mean that a vehicle as massive as a tractor-trailer combination is less responsive and slower to stop than other vehicles even at legal rates of speed.  When these vehicles speed down DeKalb County highways at rates of speed exceeding 65 mph, the consequences can be devastating.  Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) is currently studying the benefits of requiring speed limiter devices on tractor-trailers that will prevent them from exceeding 65 mph.

Whether you are a pedestrian run down by an intoxicated driver or a passenger in a vehicle rear-ended by a tractor-trailer, there is a significant risk that those involved in motor vehicle collisions will suffer injuries that cause physical challenges and intense emotions. These hardships frequently are compounded by financial pressure resulting from time off work, medical expenses and vehicle repair costs. Although those injured in motor vehicle collisions often have the legal right to seek financial compensation from drunk drivers, distracted drivers, reckless drivers and others engaged in negligent conduct, our Atlanta Auto Accident Lawyers recognize that the legal process can seem incomprehensible and complex. While a large percentage of cases are settled without the filing of a lawsuit, and without going to trial in those cases where a lawsuit is filed, in this legal blog article we have provided an overview of the major steps involved in litigation of a motor vehicle accident claim in Georgia.

Nursing home abuse is particularly repugnant because it frequently involves mistreating seniors who suffer from age-related impairment of cognitive abilities that compromise their ability to defend themselves or to alert others of the misconduct. The most common cause of elder abuse in nursing homes is understaffing, which results in less supervision and higher levels of frustration and anger among existing staff. Whether nursing home abuse occurs because of negligence and inadvertence or represents the result of intentional misconduct, it can have devastating consequences for senior residents.

There can be a range of parties that may be liable depending on the specific facts and circumstances. Property owners may be liable for drowning accidents or other pool or spa injuries when the property owner does not employ appropriate measures to prevent children from falling in the pool or accessing the pool without supervision. A pool owner also may be liable for failure to provide adequate supervision of children who are swimming. When accidents occur because pool or spa equipment is allowed to fall into disrepair, this failure may also constitute a basis for liability. When a pool is operated by a business like a hotel or a public entity, the public or private entity that operates the pool may be liable depending on the circumstances. If equipment is defective in its design or flawed during the manufacturing process, entities involved in the design, production or distribution of the pool or safety equipment may be liable under product liability law. Examples of equipment that may be defective include pool alarms, gate latches and drain covers that do not meet safety standards.

We have all heard the rather insensitive references to senior drivers being less safe when behind the wheel of a car. "Old lady driver jokes" are popular and prevalent with comedians despite their inappropriate and disrespectful tone. These stereotypes are often based on widely acknowledged physical limitations that can result from aging, including declines in hearing, reflexes and cognitive abilities. The presumption that elderly drivers are "less safe" often is accepted without much analysis or factual inquiry. It is legitimate to inquire whether elderly drivers are really more likely to be involved in a car accident in DeKalb County and the surrounding areas of Georgia than other age groups.

While most Fulton County drivers are aware of the serious danger posed by the use of cell phones when driving, there are fewer motorists that are aware of a potentially more serious distracted driving risk – eating while driving. Because of the sheer volume of fast-food drive-thru restaurants, the frequency of driving while consuming food or drinking beverages may exceed cell phone use while driving.

While the law enforcement officers that respond to traffic accidents are knowledgeable and experienced when investigating crashes, they are human and certainly not infallible. Factual errors, inadvertent misquotes of witness assertions, invalid assumptions and faulty conclusions contained in Atlanta Accident Reports can range from minor inaccuracies to major blunders. While the police report might not be admissible, or at least not in in its entirety, this document will memorialize statements from the drivers, passengers in the vehicles and bystanders as well as physical evidence. While the police officer's determination of fault is not necessarilly determinative of civil liability for money damages, it can have an impact on the results and on the ease of proceeding with a claim. The information in the traffic accident report will be the initial documentary evidence of the crash that insurance adjusters review so it is helpful that the information in the report be correct.  Having said this, we regularly provide successful legal representation and obtain full compensation for people where the report did contain inaccuracies.

Anyone who drives a car understands the notion of a blind spot, which involves areas where another vehicle is not visible through use of a driver’s mirrors.  Tractor-trailers, like smaller passenger vehicles, also have blind spots, but these areas are massive.  When a motorist is driving in the vicinity of a tractor-trailer, the motorist needs be aware of the location of these blind spots and avoid driving in these unsafe locations around a big-rig.  These so-called “no zones” are the locations around a tractor-trailer that are most likely to be involved in an Atlanta collision with another vehicle.

While distracted driving accounts for many traffic accidents, a growing number of motor vehicle collisions involve bicyclists and pedestrians that are not paying attention to the roadway or oncoming traffic. Joggers listening to ear buds; businessman reading email on their mobile phone or iPad; and pedestrians texting while walking their dogs present an increasing risk of being involved in serious car accidents. Distracted driving accidents involving bicyclists and pedestrians are especially dangerous because pedestrians lack the standard protections available to occupants of passenger vehicles, such as the body of a car, air bags and seat belts.

There are many types of hazards, neglect and abuse that can result in severe injuries, debilitating illness or even the wrongful death of a nursing home resident. These dangers include understaffing, physical assaults, falls, lack of nutrition/hydration, over-medication and more. Nursing home beds can be one of the most dangerous hazards for elderly nursing home residents, but they often rouse little concern because the danger is not obvious. Because many nursing home residents have compromised mental or physical skills, railings designed to protect residents from falling out of the bed can lead to a resident becoming entrapped between the mattress and the railing. These nursing home bedrail entrapment accidents can result in suffocation, causing brain injury and even wrongful death.

This is the second installment of our two-part blog post (Part 1)providing an overview of the timing requirements that impact personal injury claims in Georgia. When injury victims fail to comply with these deadlines, this failure can result in the loss of your right to bring a personal injury claim or lawsuit, so it is essential to pay close attention to the time limits that govern the legal process. If you have concerns specific to your circumstances, you are welcome to contact us to schedule a free consultation.

When people are coping with the pain, stress and disorientation which often results from a significant car crash or other type of accident or intentional criminal act, understandably the focus for most car accident injury victims is, and needs to be, on medical treatment and rehabilitation. Those struggling with these challenges may be tempted to postpone seeking legal advice, but this can be a costly mistake. The legal system is governed by a strict timing requirements referred to as the statute of limitations which are not flexible. Non-compliance can result in a permanent bar to recovery even if the car accident victim suffers devastating effects, such as paralysis, cognitive impairment, loss of a limb or even wrongful death. Further, the statute of limitations can bar a lawsuit even when the liability of the plaintiff is beyond dispute.

Chemical exposure accidents can occur at the site of construction projects and often result in debilitating injuries and even fatalities. Exposure to dangerous chemicals may be caused by explosions, leaks or other sudden traumatic accidents. Although there are safety regulations, including OSHA regulations that govern proper handling and safety standards involving hazardous chemicals on a construction site, sometimes these rules are disregarded and permanently debilitating injuries or occupational illnesses occur.

When you suffer a broken bone or fracture in an accident, such as a motor vehicle accident, slip and fall in a grocery store or construction accident involving a fall from a ladder, you may suffer excruciating pain and need a long difficult course of treatment and rehabilitation. Broken bones and serious fractures are common injuries in motor vehicle accidents because the force exerted on the body in a motor vehicle collision frequently exceeds the strength of bone. A serious broken bone or fracture can be extremely painful and permanently impact the quality of one's life.

There are many factors that contribute to the high level of exposure of motorcyclists to potentially severe injuries, including the limited stability and protection motorcycles offer to those who ride. Motorcycle riders are thirty times more likely to die in a crash than occupants of a passenger car according to the Insurance Institute for Highway Safety (IIHS). Although many who ride suffer injury caused by negligent drivers of passenger vehicles, rider inexperience with evasive maneuvers and hazards that routinely confront riders also constitute a significant cause of motorcycle accidents.

Many pharmaceutical products play a vital role in improving and enhancing our quality of life. Prescription medications, over-the-counter drugs and even supplements can help us cope with pain, provide relief from the symptoms of illness, prolong our lives and cure serious illnesses. While it is undeniable that many drugs and medications provide valuable benefits, sometimes pharmaceutical products can do more harm than good.

Determining the value of a human life is necessary when assessing the value of damages that will be awarded in a Georgia wrongful death case. The value of the life for damages purposes is looked at from an economic and non-economic standpoint. The length of the person's life and the income that a person could be expected to generate during his or her lifetime needs to be established by an attorney in the courtroom, to aid a jury in determining the economic value of future lost income.

The Atlanta personal injury law firm of Montlick and Associates is proud to sponsor the ninth annual Safe America Foundation’s 2014 SafeTeen Georgia Driving Academy, Saturday, May 10, 2014 from 9:00 a.m. – 3:00 p.m. at the Cobb Galleria Centre, 2 Galleria Pkwy SE, Atlanta, GA. The event will provide the opportunity for hundreds of teen drivers, age 16 to 19, to learn about safe driving practices while participating in hands-on activities that allow teens to learn in a safe environment. The event allows teens and their parents to obtain valuable information about safe driving from emergency medical responders, fire personnel, police officers, traffic court judges and driving safety experts as well as legal tips and advice from the experienced car accident lawyers at Montlick and Associates.

The insurance industry and other pro-business lobby groups successfully perpetrated the myth that the notorious McDonald's hot coffee lawsuit, which arose out of a 1992 spill of scalding coffee, was an example of frivolous litigation. The reality is that the victim in that case suffered horrific third degree burns to her groin, genitals and thighs. Her burns were so extensive that she needed skin grafts to repair the damage. The lessons of this earlier lawsuit are worth revisiting in the wake of a new lawsuit that has been filed against McDonald's for injuries caused by a coffee spill.

A severe burn injury often causes overwhelming pain and disfigurement that may entail a long difficult process of surgeries and rehabilitation. The physical challenges posed by severe burns may be equaled by the extreme psychological difficulty of coping with these painful debilitating injuries. More than two and a half million individuals suffer a burn injury annually. Over 600,000 of these burn victims suffer injuries serious enough to need medical treatment, and over 70,000 must be hospitalized. Because of the dramatic impact severe burn injuries can have on a victim of a motor vehicle accident or other traumatic event, our experienced Atlanta Personal Injury Lawyers at Montlick and Associates have provided some key information for those who suffer serious burns in this blog post.

Driver that are navigating the roadways of Douglas County or the other surrounding counties in the vicinity of Atlanta are well aware that traffic collisions occur frequently. Most motorists recognize that they need to be cautious and alert to avoid intoxicated, drowsy, distracted, speeding or other forms of careless driving. However, most vehicle occupant do not worry about the risk of being intentionally injured by other motorists. Unfortunately, road rage can lead to serious injury and fatalities when vehicle occupants cross paths with the wrong driver.

The Atlanta personal injury law firm of Montlick and Associates is proud to be the primary sponsor of the Don’t Text and Driving Chalking contest this weekend at Safe America’s Safe Teen GA Driving Academy. The event provides an opportunity for middle and high schools and other youth organizations to earn a $500 Grand Prize Check for their organization/institution while helping focus attention on teen texting and driving. The Safe America “Chalk Off” anti-texting art contest offers teen organizations a chance to be a part of the solution to the teen texting and driving epidemic by providing messaging designed to encourage inexperienced teen drivers not to engage in this deadly practice.

When an individual is injured in a motor vehicle collision, actions taken in the immediate aftermath of the collision can significantly impact the outcome of a personal injury claim. Many personal injury victims involved in Atlanta traffic crashes decide that there is no reason to contact the Atlanta police to report the crash. While this decision may seem appropriate when there is limited damage and no obvious injury, this choice also means that investigations are not conducted so Atlanta Auto Accident Reports cannot be prepared by an officer.

There are an increasing number of technological safety innovations that are intended to reduce the probability that drivers will be involved in auto accidents in Georgia. Many of these safety improvements involve crash avoidance systems designed to warn distracted drivers who are not paying attention to the road that they are at-risk of being involved in a collision. Distracted driving is a growing epidemic that threatens to surpass DUI as the most significant auto accident safety risk. Unfortunately, there is new evidence that some crash warning systems designed to prevent serious injuries and wrongful deaths in car accidents may do more harm than good.

Asbestos can cause serious medical conditions that prove to be fatal, such as lung cancer, mesothelioma and asbestoses. These dangerous microscopic fibers pose a significant health hazard to those who engage in electrical work and other construction trades on commercial, public and residential building sites. Asbestos often causes severe illness and wrongful death to those in the building trades because it was a frequent component in construction materials.

Deep vein thrombosis (DVT) results when a blood clot forms in a deep vein within the body. A clot that is otherwise known as a thrombus can form in the deep veins of the legs, pelvis, and sometimes other areas like the arms. The danger with these types of clots is that they can break free and travel through the bloodstream. The blood clots can end up in the lungs where they can become lodged in an artery and block blood flow to the lung.

Our Atlanta wrongful death attorneys at Montlick and Associates recognize the devastating toll of mesothelioma on people who are exposed to asbestos, as well as the impact on their loved ones. Mesothelioma is a fatal form of cancer that is almost always caused by exposure to asbestos fibers. Many people who eventually contract mesothelioma are unaware that they were exposed to the hazardous substance, or they were unaware that the substance was a dangerous carcinogen at the time of their exposure. Because the symptoms of mesothelioma frequently do not appear until twenty or thirty years after exposure to asbestos, those who breathe in asbestos fibers face significant legal and medical challenges.

Many people take Tylenol® liberally for pain without realizing the potential risk of an acetaminophen overdose which can cause severe liver damage or even liver failure-related fatalities. Acetaminophen is the active ingredient in Tylenol®, but many people are unaware that this drug substance is recognized as the leading cause of liver failure in the U.S. by the FDA. Toxic overdoses of acetaminophen sometimes occur because people don't realize that this substance is found in many over-the-counter (OTC) medications like Robitussin®, Sudafed® and Excedrin® as well as many combination prescription drugs like oxycodone (Percocet®), hydrocodone (Vicodin®) and codeine (Tylenol® with Codeine). Many people suffering pain from an injury or illness receive a prescription from their physician for a combination painkiller but also take OTC medication without realizing that they are taking an unsafe dose of acetaminophen.

Recalled medical devices from the years 2005-2009 were reviewed recently by researchers who published their results in the Annals of Internal Medicine (AIM). Based on the findings of the study, the AIM researchers concluded that the FDA has allowed the sale and use of tens of millions of unsafe medical devices which were not properly tested before being placed on the market.

Our Atlanta medical malpractice attorneys recognize that most people think of hospitals as places of healing and recovery, but a new study suggests that sometimes time spent in a hospital can do more harm than good. A new estimate by the Centers for Disease Control and Prevention (CDC) in Atlanta indicates that 1 in 25 hospital patients contract an infection during their time in a hospital. These preventable infections occur almost 722,000 times per year and impact 648,000 patients according to a CDC report published in the New England Journal of Medicine. Even more alarming is the revelation that 11 percent of these infections prove fatal to the patient. In other words, infections that could be prevented with proper precautions cause the death of over 71,000 patients per year in U.S. hospitals.

Many driver of passenger vehicles like cars, SUVs and pickup trucks have never ridden a motorcycle so they have no more than a passing familiarity with the hazards faced by motorcyclist. The general lack of knowledge that driver of other types of passenger vehicles have about motorcycles contributes to a fair amount of Georgia motorcycle accidents in the Atlanta metro area and surrounding vicinity. Because increased driver awareness of the limitations and hazards faced by motorcycle enthusiast might reduce crashes, our Atlanta motorcycle crash attorneys have provided key facts all drivers should know about motorcycles.