Blog Archive - May, 2015

Many Georgia roadways do not have a substantial amount of light, and drivers must rely on their headlights as well as the headlights of other vehicles when driving in dark conditions. It can be nearly impossible to see a vehicle that does not have its headlights or taillights on. In fact, a Georgia man recently demonstrated just how difficult it can be.

Thus far, the state of Georgia has seen its fair share of accident victims in 2015. In response to such a steep incline in the number of roadway fatalities, the Georgia Department of Transportation announced on May 11, 2015, that it would launch a campaign entitled "DriveAlert ArriveAlive." This campaign is aimed at addressing a twenty-five percent increase in the number of road fatalities that has occurred in the first quarter of 2015 alone. Whatever the reason may be for the increased number of road fatalities, steps will be taken to help make Georgia roadways safer. The campaign asks drivers to do three things while driving: (1) wear a seatbelt; (2) stay off the phone; and (3) only drive while alert (i.e., do not drive while impaired or drowsy).

Many of us our scratching our heads after the deadly Amtrak accident in Philadelphia that killed eight people and injured well over 200 other individuals. Even though trains remain a rather safe method of transportation, any train accident has the potential to cause serious injuries and death, simply given the sheer size and power of a train. Because train accidents are likely to result in injuries, many people are wondering: where is the safest place to sit on a train?

Georgia makes for a beautiful place to ride your bike, as both the weather and scenery are very attractive during the warmer months. Bicycles have always been a great mode of transportation, and continue to be an outdoor activity that families can enjoy together. Bicycles can be extremely safe when used on designated trails and sidewalks. However, when bicycles and motorists are sharing the roadways, there is always a chance that accidents will occur. Further, given the fact that bicyclists have much less protection than a person driving a car, injuries associated with any bicycle accident have the potential to be severe and even fatal, at times.

Just last month, five young nursing students were tragically killed after being struck by a tractor-trailer that reportedly simply did not stop. The Georgia trucking accident was so intense that one vehicle caught on fire. According WSB-TV, in addition to killing the five nursing students, numerous other individuals were injured, as the accident involved multiple vehicles. It is still unclear exactly what happened, and loved ones are looking for answers. Some injured individuals and parents of lost loved ones have filed lawsuits against the truck driver who allegedly caused the accident as well as the trucking company and potentially other parties.

Generally speaking, pulling over on any street or highway can be dangerous, especially at night or on a roadway that has a high speed limit. Whatever the reason may be for the need to pull over, you should take all steps possible to ensure you are protecting yourself. Further, it is important that all Georgia drivers understand what state law allows and does not allow when it comes to pulling over and/or parking on the side of a street or highway.

It is widely known that many trucking accidents are caused by driver error, oftentimes related to driver exhaustion. In general, truck drivers work hard to ensure that consumer goods get from point A to point B, an essential part of the free flow of interstate commerce. Without trucks and the highly trained truckers who operate them, we would not get gas for our cars, food for our tables, and medication dispensed by our pharmacies. While trucks do play an integral role in everyday society, they are still very large vehicles that have the potential to cause serious injury or death if involved in an accident.

Technology continues to expand at an exponential rate, and it seems like every day there is another new device to enter the marketplace. Whether it is the new iPhone, Android, or tablet, electronic devices are proving to be just one of many distractions that lead to unnecessary automobile accidents in Georgia as well as in the Southeast. In addition to electronic devices, your traditional distractions of loud music, eating, talking to passengers and not keeping your eye on the road, and putting on makeup or looking in the mirror, among many others, continue to play a role in some accidents that result in serious injuries.

Traumatic brain injuries (TBIs) can occur in an instant. One minute a person may be perfectly fine, and the next minute he or she may be knocked unconscious, perhaps never waking up. Regardless of whether a person with a TBI is able to recover physically and mentally, the consequences of such an injury may go on for the rest of one's life. Further, an injured individual's family and friends will also share in the pain and suffering, hoping their loved one will one day return to the same way he or she was before the injury was sustained.

If you have ever been injured in a very quick manner, you may recall that you did not feel any pain right away, or if you did, you thought the pain was minimal, at best. Many Georgians injured in automobile accidents may not immediately recognize their injuries following an accident. Although an emotional response to an accident is highly likely and often quickly realized, the onset of pain, stiffness, and other symptoms may take quite some time to manifest. Injuries that do not demonstrate immediate symptoms have the potential to appear much later on, and can do so with a striking force.

Many people choose to ignore injuries that may not seem too serious. For example, if you pulled a muscle in your back, you may decide to get through the pain without seeking medical treatment. While many injuries do heal themselves relatively quickly, there are some that seem minor; however, they have potential to cause long-term, if not permanent, damage. Injury causing auto accidents occur on a daily basis in the State of Georgia, ranging from minor to very severe. Accordingly, in situations where immediate injuries may not seem serious, many people tend to avoid seeking medical attention simply because they believe the symptoms will resolve on their own. As experienced Personal Injury Attorneys, we know that based upon experience, seeking medical attention, for the following reasons, is of critical importance and may even affect the outcome of your case:

Many otherwise law-abiding citizens from across Georgia and in the Southeast have been accused of their fair share of minor driving infractions, ranging from parking tickets to minor speeding tickets. Nobody is perfect, and it is not unusual for drivers to be pulled over at some point. While minor driving infractions are frequently likely to be nothing more than momentary forgetfulness, there are occasions where unnecessary automobile accidents result from one's minor driving infraction. For example, an illegally parked car may be blocking another driver's view, contributing to an automobile accident that wouldn't have occurred but for another person's negligence.

Automobile accidents are a common occurrence throughout Georgia and in the greater Southeast, ranging from slow speed fender benders to high impact crashes on the highway. There is a common misconception that fender bender accidents are always minor, and that anyone alleging an injury following a fender bender accident is being untruthful. However, even though many fender benders occur at a low speed, the impact of one vehicle hitting another is enough to cause anyone involved to potentially suffer injuries, both minor and very serious.

A recent truck accident that claimed the lives of five Georgia Southern University nursing school students has left the community reeling. One of the alarming discoveries made by investigators thus far, according to WSB-TV, is the host of previous violations issued to drivers employed by the trucking company involved in the accident. Several violations were reportedly for following too closely, which may have been a factor in the rear end multiple vehicle truck accident.

Earlier this month, two speeding drivers violently crashed into a car carrying three children on Moreland Avenue. The family was making a left hand turn onto Constitution Avenue when two vehicles traveling southbound on Moreland struck the sedan. The force was reportedly so tremendous it threw the three children, ages three, four, and six, out of the vehicle. Tragically, the two younger children were killed instantly. The oldest child fought for weeks in the hospital but sadly ultimately succumbed to his injuries. The children's mother suffered serious injuries, including a broken back and internal bleeding.

Negligence is generally defined as any behavior which falls below the normal standard of care.  A person is considered negligent when they fail to conduct themselves as as a normal, prudent person would have done in the same situation. As an example, a cautious person would not exceed the speed limit in a school zone when school was letting out and kids were walking in crosswalks. A careful person would refrain from driving twenty miles over the speed limit when it was raining outside.

While any motor vehicle accident can be upsetting and pose challenging legal and insurance issues, hit and run accidents involve special legal issues for the runner and complications for the injured party pursuing financial compensation. This blog post discusses a few of the legal obligations of drivers involved in motor vehicle accidents, as well as when punitive damages might be recoverable for victims seeking compensation. Our Atlanta Personal Injury Lawyers at Montlick and Associates have have been working hard to help injured people, including those involved in hit and run accidents, get the compensation they deserve.

When you are involved in an auto accident, you may suffer painful and debilitating injuries. Unfortunately, many motor vehicle collisions result in long-term consequences to the health of victims.  Serious injuries such as dismemberment, disfigurement, traumatic brain injury (TBI), spinal cord injury and other serious injuries have a lifelong impact. Admittedly, no amount of financial compensation can give parents back the joy of watching their child's intellectual development or a husband the ability to hug a spouse. Nonetheless, the financial recovery obtained in a motor vehicle accident claim can provide the financial means to obtain the best medical care and to enjoy the highest post-injury quality of life possible.

If you or a family member has been involved in a car accident in the recent weeks or months, it is highly likely that the reality of the situation is starting to become clear. Specifically, the full extent of your injuries may be starting to manifest, although other injuries may develop over a longer period of time. The medical bills also are starting to pile up, in all likelihood. You may be unable to work, depending on the nature and extent of your injuries. Regardless of the circumstances, the weeks and months after a car accident present different considerations than do the immediate aftermath. In order to deal with these different circumstances, there are certain steps that a person can take. Below are suggestions and considerations to help you make the right choices necessary to maximize your chances of being fully compensated for your injuries so that you hopefully can resume the life that you were leading before the accident as soon as possible.

With extended periods of warm weather and plenty of gorgeous places to visit, it is not surprising that many people frequent Georgia's streets on a daily basis. However, this has caused an alarming increase in the number of pedestrian related accidents within the State and across the nation as a whole. In fact, according to the Centers for Disease Control and Prevention, more than 4,700 pedestrians were killed in traffic crashes in the United States, and another 76,000 pedestrians were injured, in 2012. This amounts to a crash-related pedestrian death (approximately) every two hours, and a pedestrian injury every seven minutes.

Due to the complex relationship between trucking companies, their drivers, and the truck manufacturers, truck accident "discovery" (gathering of evidence, which can include through subpoenas and legal procedures) is absolutely crucial in a serious injury case. There are many causes of truck accidents, but the bottom line is that when a 35,000-80,000 pound truck comes into contact with a 5,000 pound passenger vehicle, it is clear who will come out on the losing end. The U.S. Department of Transportation estimates there are over half a million trucking accidents each year, resulting in over 5,000 fatalities.