Blog Archive - January, 2015

Tractor-trailers collisions claim the lives of approximately 4,000 people annually with another 100,000 people suffering injury. The number of trucking accident deaths has been trending upward despite an overall decline in total motor vehicle accident fatalities over the last few years. Our Atlanta trucking accident lawyers at Montlick and Associates recognize that driver fatigue is one of the most significant causes of serious big-rig crashes. Because of the risk of fatigue-related trucking collisions, the trucking industry must comply with hours of service rules that impose mandatory limits on driving times and require the observation of break periods. Despite the importance of keeping fatigued truckers off our highways, Congress recently suspended stricter HOS regulations.

While companies that provide deliveries of goods to homes and businesses in Atlanta provide a valuable service, large vehicles used for deliveries can cause devastating injuries when the driver or company fails to exercise sufficient care to avoid causing a crash. If you routinely drive the streets of Atlanta, you are likely to cross paths with delivery vehicles from many companies, such as DHL, FedEx, UPS and even the U.S. Postal Service. Because drivers of these vehicles may feel pressure to complete their routes quickly, sometimes delivery drivers violate traffic laws by double parking or engaging in other unsafe driving practices.

This blog has previously warned consumers about exploding airbags manufactured by Takata, the largest manufacturer of airbags. The defective airbags have been linked to 45 injuries and four deaths caused by ruptured inflators. When the airbags deploy, they can propel shrapnel at vehicle occupants. As of mid-January 2015, the defective airbags have been the subject of four national recalls.

Although sugary sweets like caramel apples are not necessarily the healthiest snack, most people probably do not expect that partaking of one of these tasty treats could put their life at risk. Public health officials recently issued a warning advising consumers to avoid prepackaged caramel apples because they have been connected to illnesses and fatalities in ten different states.

While many people consider their dog to be a member of the family, man's best friend can exhibit unpredictable behavior when dog owners do not obey leash laws or otherwise properly supervise their pet. The frequency and severity of dog attacks is greater than some would assume. According to a report prepared by State Farm, Georgia ranks tenth in the nation among states with the highest number of dog bite incidents. Georgia was the site of 109 dog bite incidents resulting in $2.1 million in payouts according to the 2013 report.

Alcohol impaired drivers cause many motor vehicle crashes which lead to approximately 10,000 preventable deaths each year. If a person is injured in an Atlanta car accident caused by a drunk driver, the injured motorist might have a right to file a personal injury claim or lawsuit against the negligent motorist. This remedy offers limited solace if the drunk driver is uninsured or underinsured. In this situation, the injury victim or family of a wrongful death victim might look to the bar, restaurant or other business that served a visibly intoxicated driver (in addition to uninsured motorists benefits under their own policy if they have that coverage). The Georgia Dram Shop Law imposes liability on a business that serves alcohol to a noticeably intoxicated person under certain circumstances.

Our Atlanta personal injury lawyers at Montlick and Associates frequently are asked if injury victims can handle their own personal injury claims. While there is no specific rule that prevents this approach, the process of proving a claim can be extremely complex. In serious injury cases insurance companies typically use well regarded expert witnesses to contest the cause of death or the extent of injury. Experienced wrongful death attorneys recognize the types of evidence critical to proving a wrongful death claim. Law firms that regularly handle wrongful death claims also will have access to their own network of experts.

When equipment is installed or serviced in a home, the failure to properly install the equipment can jeopardize the safety of the homeowner and visitors to the property.  When the installation, repair or maintenance of a device like a garage door is not performed properly, the company that does substandard work can be liable for injuries.  The property owner also might be financially responsible to those who visit the property.

Depending on the circumstances of a Georgia personal injury claim, punitive damages might be available as a form of damages beyond a plaintiff's compensatory damages. However, the burden of proof that applies to conduct justifying punitive damages is subject to the "clear and convincing" evidence standard. This is a substantially higher burden than the "preponderance of the evidence" standard that applies to a compensatory damage award.

The massive weight differential between a tractor-trailer and a small passenger car can have devastating consequences during a collision between these vehicles.  Given that a big-rig transporting a maximum load can weigh 25 times more than a passenger car, the assumption that slowing these large trucks down would have a positive impact on roadway safety seems reasonable.  The simply logic of Newton’s law – Force = Mass x Acceleration – would seem an intuitive basis for such an assumption.  However, a proposal to force trucking companies and truck drivers to install governors that limit the speed of big-rigs has generated considerable debate regarding the proposal’s potential safety benefits.  The trucking industry and some others have gone as far as to suggest that this equipment will make the roads less safe.

Car accidents accounted for over 33,500 fatalities and more than 2,300,000 injuries during 2012 according to the National Highway Traffic Safety Administration (NHTSA).  Motor vehicle accidents touch the lives of many families and result in staggering costs, physical hardships and other challenging consequences.  Because people do not anticipate car accidents, they often are unsure how to respond when they occur.  If an injury victim has never had reason to work with a lawyer, the prospect of contacting and interviewing attorneys can be a daunting proposition.

If you are injured in a motorcycle accident, construction accident or fall in a grocery store, a personal injury claim can provide compensation for medical bills, lost income and other damages.  However, there are many procedural and legal requirements/potential pitfalls/complications that can derail a personal injury claim or lawsuit.  If a plaintiff is suing a public entity, for example, failure to comply with time deadlines in an applicable tort claims act can result in a permanent bar to seeking legal action against the government.  A plaintiff that allows the statute of limitations to run (i.e. expire) before filing a lawsuit typically will be barred from bringing a lawsuit against any potential parties.

Stryker Corporation has entered into a billion dollar settlement of thousands of lawsuits filed by individuals who were forced to endure revisionary surgery after being implanted with Rejuvenate and ABG II metal hip implants.  The implants have been recalled because of a defect in the modular neck stem of the devices.  The manufacturer of the medical device has indicated that the metal-on-metal design of the two components which are made of dissimilar metals can cause miniscule metal particles to slough off of the components.

When you are involved in a car accident in Gainesville or the surrounding areas of Georgia, you might be struck by an employee driving a company car or the personal vehicle for job-related tasks. A speeding or alcohol impaired employee performing tasks for an employer might be liable for injuries caused by his or her negligent driving. However, this option might offer little comfort if the employee has no assets or insurance coverage, or insufficient coverage or assets to fully compensate a victim.

Indoor trampoline parks like Cosmic Jump®, Sky Zone® and Mighty Jump® have begun to crop up in Georgia and across the U.S. because of their natural appeal as a fun form of recreation and exercise.  Although these venues are common locations for children’s birthday parties, a growing number of adults also hold events at indoor trampoline parks.  Because of the popularity of this form of recreation, reports of injuries involving bounce and trampoline venues are increasing.  Although this form of entertainment and recreation is potentially dangerous, the industry is not regulated in Georgia.

While most people do not regard the local grocery store as a hazardous place, many shoppers suffer serious injuries in supermarkets each year.  These accidents can be caused by glass containers that fall from shelves and spill liquid on the floor, pallets left in walkways, rain that is tracked in through the front door, leaky produce refrigeration systems and a plethora of other hazards.

While most animal attacks that cause injury involve dog bite and mauling incidents, some property owners endanger visitors to their property because they permit wild animals to remain on the premises.  While property owners can be liable for injuries caused by wild animal attacks on their property, these premises liability lawsuits can be challenging under Georgia law.  A wrongful death lawsuit that occurred a few months ago in Illinois and received national media attention provides an example of these complex issues.

Pedestrians must confront a multitude of perils in intersections and crosswalks especially in densely populated metro areas. There are specific traffic laws that have been implemented for the safety of pedestrians. Although these traffic laws assign right-of-way to pedestrians in many situations, they also impose a duty on pedestrians to obey certain traffic laws to prevent pedestrian accidents. The lack of protection for pedestrians when they are hit by a motor vehicle means that there is no raretly any such thing as a minor pedestrian accident.

Because violators of DUI laws cause a third of all motor vehicle-related fatalities, law enforcement authorities, judges and traffic safety advocates have worked diligently in an effort to curb the drunk driving epidemic.  Many tools have been employed to prevent alcohol-related car crashes in the U.S., including public awareness campaigns, aggressive law enforcement tactics and tougher drunk driving laws.  In July 2014, a new measure was proposed in Congress aimed at reducing DUI offenses in the form of mandatory installation of ignition interlock devices (IIDs) for all motorists convicted of DUI.

Motor vehicle accidents are a leading cause of injury to children. Almost 250,000 kids suffer injury in collisions each year, and 2,000 children die annually according to the National Center for Statistics and Analysis (NCSA). Further, traffic collisions constitute the leading cause of death of children between the ages of 2 and 14 according to the Centers for Disease Control and Prevention (CDC).

For over 35 years, the personal injury lawyers at Montlick and Associates have been protecting the rights of people who suffer debilitating injury because of the negligence of others.  We are aware that back and neck injuries are among the most common type of auto accident injuries that result in periods of temporary or permanent disability.  Neck and back injuries often result from trauma causing irritation or serious injury to the complex structures of the back and neck in car crashes, falls, construction accidents and other mishaps.

Georgia lawmakers are considering legalization of medical marijuana although a number of other states rejected pot legalization measures during the recent mid-term election.  While the legalization of pot for both medical and recreational use has become a growing trend, new evidence suggests that Georgia might experience negative consequences in terms of DUI traffic-related injuries and fatalities if it takes this step.

There are many forms of medical malpractice.  One relatively common and preventable form of surgical error involves leaving an object behind in a patient’s body during surgery.  Although this type of error is not considered medical malpractice under all circumstances, this type of medical error is considered a “never event”, which means it should never occur.  When objects are left in the body during a surgical procedure, the patient can suffer serious medical complications and even death.  Along with impact on a patient’s health, this type of surgical error can be extremely expensive to rectify.  The cost to surgically remove an object like a sponge, guide wire, scalpel or other object can run as much as $50,000 or more, so it is a costly mistake.

The massive size and weight of tractor-trailers makes the force of impact in a trucking accident particularly dangerous for the occupant of the other vehicle.  Although there are many factors that can cause a trucking accident, such as fatigue, drug use, unsafe speed and inadequate maintenance, the risk associated with these factors increases at night.

If you are injured in an auto accident in DeKalb County or the surrounding vicinity, you might be entitled to financial compensation if the other driver is legally responsible for causing the accident.  While your damages typically will be paid by the insurance company of the at-fault driver, your situation can potentially be more complicated if the other driver is from out-of-state.  An out-of-state driver might have more limited insurance coverage because states vary in terms of the minimum amount of insurance that drivers must purchase.  If the out-of-state driver involved in the accident does have more limited insurance, you might need to review your policy to identify other types of coverage that can provide additional compensation.

While most motor vehicle accidents are the result of negligent driving practices that include substance impaired driving, distracted driving, speeding or following too closely, some traffic fatalities are the result of intentional criminal conduct.

Gastric bypass surgery has become a popular procedure as a growing number of Americans cope with health problems related to obesity.  Many people have used weight loss surgery to reclaim their health and prevent type 2 diabetes, cardiovascular disease and other life-threatening diseases.  While there are risks associated with weight loss surgery, patients typically do not expect to wake up from surgery without their legs.  However, a man who has sued his physicians for $10 million alleges a series of mistakes by the doctor resulted in amputation of his legs at the knee.

While this blog has previously reported on the Takata air bag recall linked to exploding air bags that can propel shrapnel at vehicle occupants, the National Highway Traffic Safety Administration (NHTSA) is now requiring expansion of the Takata faulty air bag recall.  Takata recalls previously have been limited to regions of the country in the South that are impacted by high humidity.  Prior to this expansion, Takata indicated the issue was the result of humidity causing the propellant to burn to fast which could blow apart the metal canisters.