Blog Archive - February, 2016

All truck accidents have the potential to be catastrophic, but crashes are even more severe when the truck's weight exceeds the legal limit. Overloaded trucks pose a significant danger to all motorists. When a truck exceeds the legal limit as to the weight it can carry, actions such as braking, turning, changing lanes, and the like can become difficult. The excessive weight further increases the force of the truck, rendering it even more hazardous. Overloading can be done due to a variety of circumstances, including increasing the profit of the trucking company.

Jackknife truck accidents occur when the truck's trailer swings from behind it, so that it is nearly side by side with the tractor. It almost resembles a pocketknife closing. These accidents can be particularly dangerous to other vehicles on the road because they occur suddenly and the driver loses almost all control of the truck. The jackknifing truck might also barrel into other vehicles or cars could find themselves unable to stop in time to avoid the massive truck in front of them.

If you have been injured in a workplace accident, you should be eligible to receive workers' compensation benefits, which could cover your medical expenses, part of your lost wages, and more. Workers' compensation benefits are available for most injured workers, but it can be hard to obtain the full benefits to which you are entitled. The following is a look at some basic information concerning workers' compensation in Georgia.

Car accidents can result in devastating injuries across the state of Georgia. Internal injuries are some of the most severe injuries that can accompany an automobile accident. Internal injuries occur when organs or blood vessels within the body are severely damaged, resulting in bleeding.

Drowsy driving is a significant national problem that tragically causes a number of deaths and injuries each year. According to drowsydriving.org, over 100,000 accidents are caused by fatigued drivers annually. Over half of these accidents are caused by drivers under the age of 25. Staying awake for 18 hours has actually been found to equate to a blood alcohol content of .08, which is legally intoxicated. Drowsy driving can impair a driver's concentration, reaction time, sense of direction, and much more.

In just 24 hours, three automakers in the United States and Germany recalled over two million vehicles combined. Daimler, the maker of Mercedes, and Volkswagen are the latest to issue recalls based on Takata. The automakers recalled some 1.5 million cars in the United States that were equipped with Takata airbags. As we have previously reported, Takata airbags are being recalled all over the nation due to their potential to explode, sending metal shards forcefully across the vehicle.

By now, we have all heard of or seen a hoverboard. These futuristic looking devices operate similar to a scooter or segway, but do not have handles. They are navigated using the rider's body weight and balance. Most hoverboards come with two wheels and a motor. They can be purchased at several major retailers and sell for a few hundred dollars, depending upon the brand.

Drugs can have a considerable effect on the brain and, in turn, your ability to drive in a safe manner. The type of drug will determine its effect. For instance, marijuana has been shown to decrease reaction time, diminish motor coordination, and impair judgment of distance and time. Drivers who use cocaine or methamphetamine might behave aggressively or recklessly, often traveling at excessive speeds. In contrast, those who take sedative drugs like benzodiazepines could find themselves drowsy or dizzy while behind the wheel, which can lead to accidents.

If you did not make a New Year's resolution or want to add a new one, consider making your vow to become a better driver in the year 2016. According to the Insurance Institute for Highway Safety, there are over 30,000 fatal motor vehicle accidents in the United States each year. Georgia alone has over 1,000 fatal accidents. Car accident victims can sustain a wide variety of injuries, including back and neck injuries, broken bones, internal bleeding, spinal cord injuries and more.

Chronic pain is defined as pain that lasts for longer than six months following any accident or injury. It comes in many forms, ranging in severity from mild to severe and affecting nearly any part of the body. Those who experience chronic pain stemming from a car accident might find that nearly every aspect of their lives is impacted by the constant pain.

Successfully applying for Social Security Disability benefits is not always an easy process. There are numerous mistakes applicants can make that could cost them considerable time and even your benefits. At Montlick and Associates, Attorneys at Law, our firm meets many clients who accidently made errors in the application process that resulted in an initial denial. Applicants can rest assured that even if they are initially denied, they can still appeal this decision and possibly be in receipt of the benefits they deserve.

Much evidence will be considered during the process of seeking Social Security Disability benefits. From the moment you apply to the administrative hearing, the Social Security Administration will look at the following critical evidence to assess whether or not you are disabled:

At Montlick and Associates, our Atlanta personal injury attorneys have represented countless people facing all types of injuries, including a significant proportion of those who sustained trauma to the abdomen. As we have seen, sometimes abdominal trauma can be mild and resolve on its own, or it can lead to the development of a potentially life threatening condition known as abdominal compartment syndrome ("ACS"). If you sustained abdominal trauma due to ACS as a result of an accident, you should be entitled to significant compensation. Contact Montlick and Associates now to learn more about your legal rights and options. This blog article will discuss ACS as it pertains to personal injury claims. The information contained herein is for informational purposes only and, if you believe you have sustained a serious medical condition such as ACS, you should consult a medical doctor immediately.

Your newly licensed teen driver is likely anxious to drive to school alone. While driving to school is a rite of passage for most teen drivers, it does present some very real dangers to your teen and other users of the road. According to the Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of death for teens across the nation. In the year 2013, over 2,000 teens were killed and another 240,000 seriously injured in motor vehicle accidents. This equates to the deaths of six teens every day due to car accidents.

When a pregnant woman is involved in a car accident, there are two patients involved—the mother and the unborn baby. Car accidents can significantly impact the pregnant woman and the baby, potentially even resulting in miscarriage or hemorrhage. Treatment in the immediate aftermath of the crash is critical to ensure both mother and child have the best possible outcome.

At Montlick and Associates, our Atlanta auto accident lawyers never want to see anyone injured, especially at a catastrophic level. However, we know that accidents can and do happen, which if severe, can cause a victim to sustain catastrophic injuries. "Catastrophic" injuries are of a permanently disabling nature, and typically affect victims for the rest of their lives.

Used cars offer an affordable option for many families and teens. While many used cars will provide safe transportation for years to come, others can present safety hazards. There are numerous steps, among others, you can take to ensure you purchase the safest possible used car for your family.

It is critical that all Georgia residents understand our state's automobile insurance laws so that you are protected in the event of an accident and meet the state's legal requirements. At Montlick and Associates, Attorneys at Law, our car accident attorneys understand the importance of having comprehensive automobile accident insurance as it can assist you significantly in the event of an accident. We offer the following look at some insurance basics. Contact your insurance agent to determine whether you have the coverage you need.

Serious car or truck accidents can inflict devastating injuries to the eyes of an accident victim. The National Electronic Injury Surveillance System, as reported in a research study concerning the problem, suggests that over 75,000 eye injuries occurred following car or truck accidents between the years 2001 and 2008. Motor vehicle accidents present considerable hazards to the eye, sending potential shrapnel flying, airbags deployed, rapid changes in velocity, and more. Any eye injury can have serious, potentially permanent affects and accident victims could require considerable time to recover from these injuries.

Recently, a tragic playground accident claimed the life of a young Georgia girl. The five year old from Newton County was playing on the monkey bars when her body became wedged in between the bars, while her feet dangled. The position cut off her oxygen and the young girl died of asphyxiation. The death has been ruled an accident, and the entire community is saddened and mourning this young girl whose life was ended too soon.

Fractures are some of the most common injuries following a car accident. The high impact of a car accident can result in broken bones throughout the body. Fractures can be extremely painful and may result in long term injuries or complications. All car accident victims who suffer fracture injuries will need to be treated immediately and completely to prevent further injuries. Car accident victims may additionally be eligible to receive compensation for their fracture injuries from the at-fault driver responsible for the accident. The following article discusses fracture injuries as they pertain to personal injury claims.  Anyone who believes they have experienced such injuries should consult with a medical doctor.

The winter weather is officially here in Georgia and all drivers should take steps to keep themselves safe. Winter weather presents unique hazards for drivers. Ice and snow on the road can send cars careening into other vehicles or obstacles. Not all drivers understand how to safely operate a car during winter weather conditions. The following quiz will test your winter weather driving knowledge and, hopefully, help reduce your risk of an accident by improving your understanding of driving in the ice and snow.

The National Highway Traffic Safety Administration recently released an annual report (downloads PDF file) on seat belt usage nationwide. The results are encouraging—seat belt use in 2015 reached 88.5 percent, up from 86.7 percent in 2014. Though this increase is not statistically significant, it still provides a positive trend and suggests that quite soon seat belt use will reach over 90 percent.

According to the Federal Motor Carrier Motor Safety Administration (FMCSA), there has been a 20% increase in trucking accidents over the past twenty years. Although most truckers and companies are safety conscious and responsible, some have been responsible for serious and fatal accidents across the United States. Specifically, when a smaller vehicle such as a car or motorcycle is involved in a crash with an 80,000 pound fully loaded big rig, the results can be disastrous. This is because trucks are up to twenty times larger than other vehicles on the road, leaving many victims with serious and sometimes fatal injuries.

At Montlick and Associates, we appreciate the hard work and dedication of the countless truck drivers who safely deliver goods throughout the United States. However, we recognize that trucking accidents can and do occur, sometimes warranting a personal injury lawsuit against the truck driver and likely, the trucking company that employs him or her. In having handled thousands of trucking accident cases, we routinely come across several that were caused by equipment failures stemming from a lack of routine truck maintenance.

At Montlick and Associates, we never want to hear about someone who has sustained a traumatic brain injury, or TBI. However, when clients come to our firm with this serious type of injury, we work tirelessly to fight for their right to be justly compensated. In other words, we care deeply about our clients, and want them all to have the peace of mind that they can afford the medical treatments and rehabilitation necessary to live as normal a life as possible following a TBI. If you sustained a TBI due to another's negligence, you should have legal rights. Contact Montlick and Associates now to learn more about your legal options.

A rear end accident refers to an accident where a driver strikes another vehicle from behind. Often, the following driver is presumed to be at fault however, there are instances where a driver can be found negligent for coming to a sudden and abrupt stop. While rear end accidents can happen at any rate of speed, they typically result in an injury commonly referred to as whiplash.

Our Atlanta truck accident lawyers realize that most commercial truck drivers follow all applicable regulations and operate on our roadways in a safe and careful manner. However, there are some that continue to drive trucks despite having serious medical conditions that make it unsafe for them to be on the road. This is an alarming situation when one considers that the typically fully loaded big-rig might weight in excess of 25 times more than an average passenger vehicle (up to 80,000 pounds). This is the reason that when passenger vehicles and commercial trucks collide, about 98 percent of those who are killed are passenger vehicle occupants. In fact, pursuant to data compiled by the Federal Motor Carrier Safety Administration ("FMCSA"), there were in excess of 800 fatal tractor-trailer accidents caused by drivers who suffered from fatigue or serious medical conditions that made them medically unqualified to drive.

At Montlick and Associates, we are not your average personal injury law firm. This is because in addition to fighting aggressively on behalf of our clients, we also care about each and every one. Meaning, we make sure that all of our clients feel respected, listened to, and well informed during each stage of their case. In order to continue to meet these very important goals, our attorneys have put together the following frequently asked questions, or FAQs, that prospective clients who meet with us often ask. This way, when you decide to call us to schedule your own consultation, you might already have some knowledge of the law under your belt. While the following is important, realize that it does not substitute the sound advice of a personal injury lawyer. So pick up the phone now and call Montlick and Associates to learn more about the specifics of your case.

Unfortunately, carpal tunnel syndrome impacts over eight million people each year. This disorder is associated with damage to the nerves in the wrist and commonly develops in office workers and other types of employees whose jobs require repetitive hand and arm motions. The carpal tunnel affected by the disorder is a small passageway in the wrist that is lined by several small bones. Within this area, a ligament called the transverse carpal ligament stretches over the bones in order to protect the median nerve. The median nerve is an important nerve in the body that extends down the thumb and across the fingers.

Every year, approximately 30,000 families will be forced to say good bye to their loved one who has been killed in a car accident. Losing your family member in a car accident is perhaps one of the most devastating and traumatic events that anyone can experience. The feelings of grief, anger, and sadness that accompany that death are crippling. On top of this, many families will be forced to shoulder the burden of a tremendous financial loss.

At Montlick and Associates, our Atlanta personal injury lawyers understand the challenges that arise after a person is severely burned as a result of another's negligence. In addition to the mounting medical bills, painful surgical procedures, rehabilitation, burdensome insurance paperwork, and emotional damage associated with your burn injury, the last thing you want to have to worry about is having to fight your case out in court. At Montlick and Associates, our Atlanta personal injury attorneys want to help you fight for your right to receive compensation while you focus on recovering from your injuries. Contact Montlick and Associates now to learn more your legal options.

Undoubtedly, the loss of a body part due to an accident, also called a traumatic amputation, is nothing short of life changing and tragic. Sadly, over 130,000 new traumatic amputation related accidents occur each year in the United States, with roughly 20% stemming from accidents involving cars, trucks and those occurring on the job. In addition to the emotional and physical toll these accidents have victims, they also lead to thousands of dollars' worth of medical expenses to cover the surgeries, rehabilitation and prosthetic devices often necessary to help traumatic amputation victims heal and live their lives as normally as possible.

According to statistics from the Occupational Safety & Health Administration ("OSHA"), forklift-related accidents cause roughly 100 fatalities per year and 61,800 injuries with over 34,900 of those injuries being serious. There are about 856,000 operating forklifts in the U.S. so that means as many as 11% of the forklifts are involved in some type of accident. As such, our Atlanta Personal Injury Attorneys find that forklift accidents are not as uncommon as you would think.

Drivers throughout Georgia and across the United States routinely ignore speed limits and drive at unsafe speeds despite the associated danger and risk of serious injury or fatal accidents. Our experienced Atlanta auto accident attorneys find that speeding is the most common driving infraction despite the fact that it is one of the leading factors that contribute to serious auto accidents. The rather nonchalant attitude of many toward speeding is somewhat surprising when one considers how people view drunk drivers. Drivers who operate motor vehicles under the influence of alcohol are viewed with a significant degree of scorn and condemnation. Even though speeding is arguably a more reckless driving practice both in terms of the number of accidents and severity of those accidents, it is unfortunately not widely condemned as a driving practice but instead routinely engaged in by many otherwise law-abiding drivers.

An unsettling national trend is tragically claiming the lives of thousands across America. In Georgia, the number of pedestrian accidents is at its highest since 1997. Annually, close to 200 pedestrians are killed by cars and trucks across the state and this figure appears to still be on the rise. Many fatal pedestrian accidents occur in metro Atlanta, where multiple lane roads are clogged with traffic and many roads lack sidewalks or adequate safe areas for those on foot.

The connection between an abdominal hernia and an auto accident can sometimes be challenging to make. Specifically, an abdominal hernia refers to the protrusion of the intestines through the abdominal wall, which can arise due to a variety of causes, including a car accident. For instance, maybe the hernia arose beforehand and you didn't know it. Or, you had surgery to repair a hernia in the same area where a current one has been sustained. Notwithstanding, if you sustained abdominal injuries and was subsequently diagnosed with an abdominal hernia, it is important to work with an attorney who is experienced in handling these unique and sometimes complex injury cases.

More often than not, claims involving automobile accidents can be resolved through filing claims with an at-fault driver's insurer. However, in situations where a driver does not have insurance, or not enough insurance, the issue can become more complicated. Suffering injuries in an automobile accident can be horrific, and when the person at fault fails to have any automobile insurance, it can be much more difficult for the injured person to receive adequate compensation. Most automobile insurance policies have at least some form of coverage to assist the insured in the event he or she suffers injuries at the expense of an uninsured or underinsured driver.

While trucking accident victims might recognize that they will need to gather and present compelling evidence to prevail in their legal claim, the process of obtaining and preserving important documents, electronic records, and other relevant evidence often constitutes a significant challenge. The process of obtaining admissible evidence involves more than simply requesting a trucking company and/or commercial driver to provide all relevant information related to a lawsuit. Rather, the process of preserving and obtaining relevant evidence requires implementation of a sound pre-litigation strategy.

Although there are many modes of transportation to get from Point A to Point B, hoverboards were simply the product of science fiction when depicted in the 1989 movie "Back to the Future 2." Though these devices were fairly expensive when they were initially marketed, the price for hoverboards has declined to levels that allowed these tech toys to be one of the top selling Christmas presents during the recent holiday season. Although these new tech toys do not actually hover like the one ridden by Marty McFly, they still can pose a significant risk of injury.

When a driver traveling the roadways of Gwinnett County is struck by a distracted driver who runs a red light, the injury victim typically will look to the other motorist's liability coverage to pay for medical bills, lost wages, pain and suffering, vehicle repairs, and other damages. However, this option offers limited relief if the other driver is uninsured. Fortunately, many Georgia drivers purchase uninsured motorist coverage, which can provide critical financial compensation to driver's injured by uninsured drivers.

Our Atlanta car accident lawyers have witnessed how distracted driving has become a serious threat to traffic safety, an issue which has drawn the attention of lawmakers, traffic safety experts, and the media. A disproportionate amount of this focus has been on text messaging and cellular phone calls, even though there are many other distractions that can cause auto accidents, such as grooming, fiddling with a GPS, or adjusting a car stereo. This blog post provides an overview of Georgia distracted driving laws designed to protect those on our roadways from inattentive drivers.

On Thursday, April 9, a 77 year old woman was struck while walking in an Applebee's parking lot. The pedestrian accident happened at approximately 3 p.m. in Fulton County. A 19 year old man was backing up when he hit the victim. She tragically died at the scene of the accident and the driver has been charged with Homicide by Vehicle.

We see it nearly every time we get behind the wheel of our vehicle. A car swerving on the road, traveling at a dangerous speed, cutting people off, passing when it is not safe to do so, texting, and otherwise obliviously causing danger. Or, perhaps you have an elderly grandparent that you know still drives although you question the safety of it, or a physically incapacitated friend that thinks nothing of getting behind the wheel. Is there anything you can do? Yes. You do have the power to help get dangerous drivers off the roads and there are several avenues for you to do so. Keep reading to learn more!

Our experienced Atlanta truck accident lawyers have seen first hand how an accident involving a commercial truck can be serious and even fatal. Automobile drivers will not always be able to avoid an accident with a tractor trailer because they cannot control the actions of the trucker, who is sometimes the cause of the accident. While there are many safety conscious truckers, there are some that fall prey to fatigue, driver substance abuse, inadequate training, and a lack of truck maintenance, along with tight delivery schedules, all of which can lead to truck accidents.

When most people think of motor vehicle accidents that cause injury, they tend to envision cars, pickups, van, SUVs, tractor-trailers, or even motorcycles. Since golf carts generally travel at a speed of 15 to 20 miles per hour, individuals who use these motorized carts on or off the golf course might discount the risk of a collision that causes serious injury.

While vehicle occupants injured in collisions might be aware that they can pursue a claim for compensation from a negligent driver, there are situations when this option offers limited financial relief. A recent high speed pursuit by police of a suspected car thief that resulted in a fatal car accident provides a tragic example. Police were pursuing a fleeing suspect when the man attempting to allude authorities slammed into another vehicle, causing the death of a 76-year-old woman and a boy thought to be about 12 years of age, according to the Atlanta Journal-Constitution (AJC). The AJC news report indicates that College Park police requested assistance from the Atlanta Police Department (APD) when the chase crossed into Atlanta, but the APD never responded. The news article also indicates that the suspect ran a red light immediately prior to colliding with the other vehicle and then fled the scene of the crash.

A mother was almost home as she approached the off-ramp near her residence. Before she could depart the interstate by taking her exit, her daughter was struck in the head and face, causing catastrophic injury. The unsecured item that fell from an open trailer was a large piece of furniture that had not been fastened down. Because the driver of the truck neglected to properly secure his load, the young girl suffered a permanent loss of vision when a forty pound board flew through the windshield of the other vehicle. According to the U.S. Department of Transportation (DOT), the law in the state where this tragedy occurred did not deem such an event a crime at the time of the incident. The only law enforcement-related sanction faced by the driver of the truck was, outrageously, a littering citation.

If you are injured in an Atlanta truck accident, the massive weight differential between a tractor-trailer truck and a small passenger vehicle can mean permanent life-altering consequences. When one is suffering from the severe pain or intense emotions associated with a tractor-trailer collision in Atlanta, an injured person cannot reasonably be expected to focus on the issues of gathering evidence, proving liability, dealing with insurance companies and taking actions to protect his or her legal rights in order to seek fair financial compensation on his or her own.

A study released by a group of Canadian researchers has identified a new health risk associated with pregnancy: an increased likelihood of being involved in an automobile accident, particularly in the second trimester. The study was published in the Canadian Medical Association Journal and presented some alarming data. It revealed that the odds of a woman in the second trimester being involved in a multiple vehicle accident that requires emergency room treatment has increased over 40 percent in the last three years. This risk significantly decreases by the third trimester and further decreases in the years that follow the birth.

The Brain Trauma Foundation (BTF) reports that over 2.2 million head injuries will be treated in emergency rooms across the country each year.  Brain injury sufferers can be forced to endure weeks, months, or even years of medical treatment and may never return to the level of functioning that they previously enjoyed. While any brain injury is difficult to experience, those caused by the negligence of another are particularly distressing.

Although many people object to mandatory motorcycle helmet laws, these objections usually are based on principles of personal autonomy and free choice rather than safety concerns. While a broad range of studies establish the safety benefits associated with wearing a helmet, some pundits contend helmets can cause crashes or increase the severity of injury experienced in a motorcycle accident. Because our Atlanta personal injury lawyers have heard this claim on many occasions, we decided to examine whether evidence supports a view that motorcycles can make riders less safe.

While facts establishing negligent conduct by the other driver probably constitute the most important information in evaluating a motor vehicle accident claim, the insurance coverage available from the at-fault driver and other parties is a close second. Frequently, judgments and settlements will be paid by insurance companies on behalf of their insured. However, the situation gets complicated when there is no available insurance or the amount of coverage carried by negligent parties is insufficient to cover the full measure of a traffic accident victim's damages. While there might be other viable defendants like vehicle manufacturers, auto repair shops, or vehicle owners, injury victims often need to turn to their own uninsured/underinsured motorist (UM/UIM) coverage.