Blog Archive - April, 2017

The Georgia Department of Transportation ("GDOT"), announced that the organization would host a weekly progress update on Monday afternoons at 3 p.m. The first press update was held on April 17, 2017, and will continue to advise the press of the progress of the project. Additionally, GDOT has published a website to allow anyone who is interested in following the progress of the I-85 reconstruction project to do so.

Summary:
The Atlanta Journal-Constitution reported a man died, and two children were injured in a  school bus crash in Atlanta. Our personal injury attorney in Georgia reports that the accident occurred when the man, who was driving a car, attempted to make a left turn in front of the school bus. The bus struck the car, and the man was pronounced dead at the scene. At the time of the accident, twenty-six students were on the school bus. Two students received minor injuries in the crash, and they were released to their parents after their injuries got treated at the accident scene.

Workers' compensation programs exist in order to protect workers who are injured on the job. The exact way that these programs work will vary depending on the state that the employer is located in. In Georgia, any business that has 3 workers or more must carry workers' compensation insurance, even if the workers are part-time, but regular workers. While certain fields of work, such as domestic workers, railroad workers, and independent contractors, are exempted, most employees are covered by workers' compensation. If you were injured at work, you might have some questions about what your rights are and what you have to do to take advantage of workers' compensation. Here are a few things to keep in mind.

In some personal injury cases, a defendant might attempt to avoid liability through the use of a defense called "assumption of risk." Under this defense, the defendant is claiming that the person who was injured assumed the risks of the activity he or she engaged in, and that the defendant should therefore not be held liable for the injury that resulted. This is typically a defense to a negligence action, where the defendant wants to avoid being found liable for negligently causing another person's injury. In order to use this defense, the injured person must have had knowledge of the potential risk of harm from the activity, and knowingly participated in the activity that led to the injury.

Most car accidents are the result of careless driving. It is usually the case that one or both drivers were not paying attention, speeding, or otherwise failing to drive cautiously. There are however times when accidents and injuries are not the result of a driver's error, but rather, are caused by a flaw in one of the vehicles involved in the accident. Sometimes the design of the car causes it to flip easily, or tires are flawed in such a way that they blow out easily. There are many different types of defects that a car might have, and some of them can lead to dangers for the individuals riding in the cars, and to other people on the road. 

There are many lawsuits that revolve around the concept of "negligence." While most of us have heard the term, we might not all be fully aware of the legal implications of the word "negligence." Basically, a person's behavior could be referred to as negligent if they failed to exercise care towards other individuals that a reasonable or prudent person would take under the same circumstances, or when they take an action a reasonable person would not. In personal injury cases, or other forms of "torts," negligence cases make up a large number of the lawsuits involving accidental injuries (as opposed to intentional torts, which involve something like assault or trespassing).

Workers' compensation programs are meant to help employees who suffer an injury while they are carrying out their work related duties. While employers benefit from workers' compensation programs, which allow them to avoid lawsuits from employees, employees benefit by not having to show that their employers were negligent. In fact, even if an employee carelessly causes his or her own injury, workers' compensation is meant to cover that employee as long as the injury was in fact related to work. Because these programs are meant to reduce the burden of work related injuries on employees, it can be a frustrating and confusing situation when an employee finds that his or her very legitimate workers' compensation claim was denied. In reality, a surprisingly large number of workers' compensation claims are in fact denied. There are several reasons why this might happen.

Trauma is the leading cause of death in people aged 1 to 55 according to medical researchers. The Centers for Disease Control opined that unintentional trauma caused 130,557 deaths that occurred in the United States during 2013. Not only is trauma the leading cause of death in certain age groups, but trauma also is the primary contributing cause of hospitalization, morbidity, or general lack of good health, and disability. Among the various systems of the body, trauma to the chest, specifically blunt trauma rather penetrating trauma such as a stabbing or impalement, is responsible for a large number of trauma deaths.

Around 2 p.m. on Interstate 75 Sunday afternoon, a 16-car pileup left several people injured and backed up traffic for several miles. The accident occurred in Bartow County, GA. According to WSB-TV2 in Atlanta, heavy rain may have been the cause of the pileup. Sixteen cars slammed into each other during the rainstorm. The accident occurred in the southbound lanes of I-75 on Allatoona Lake Bridge. The crash brought traffic to a halt for four hours. Traffic heading northbound slowed considerably as well, probably due to the curiosity factor of the accident scene.

Atlanta-area high school students, parents, and teachers are forced to come to grips with the horrible news that six teenaged students died and one injured in two separate accidents on Monday, April 24, 2017. One accident happened in Cobb County and the other in Fulton County. Both accidents remain under investigation by law enforcement officials.

According to WRDW12, the father of a 22-year-old man roundly criticized his son for driving under the influence of drugs after the young man crashed head-on into a 69-year-old woman, tragically killing her. The heartbroken father used his son as an example of poor decision-making and risky behavior that is unjustifiable. The man called on others to avoid making the same poor choice his son made that ended one life and ruined another.

On Thursday, April 20, 2017, around 1:00 p.m., first responders called for the assistance of a medical flight helicopter to respond to the scene of an auto accident with severe injuries. The initial reports, according to WRDW12, indicated that the crash caused a vehicle to roll over, leaving three people trapped inside.  The accident happened at the intersection of Wrightsboro Road and Hamilton Road in Grovetown, Columbia County, Georgia. Unfortunately, one person died as a result of the injuries she suffered in the accident. Just about eight days before, a 69-year-old woman Columbia County also died, as the result of a head-on collision.

A 53-year-old man died in the early morning hours in Albany on April 19, 2017. According to a report in the Albany Herald, the man was walking on the 600-block of Radium Springs Road when he stepped out into the road in front of an SUV, which tragically aided his death. The accident occurred just before 5:00 a.m. in the pre-dawn light and remains under investigation, but Albany police have said that they are not filing charges against the driver of the SUV.

President Donald Trump invited the first responders from the Atlanta area who bravely and decisively shut down I-85 to traffic while construction material burned below the ill-fated span. The meeting with the President comes one day after police and fire personnel received awards from Atlanta Mayor Kasim Reed. The President received the group of Atlanta firefighters, Atlanta police officers, as well as Georgia state patrol officers in the White House' Roosevelt Room. The meeting lasted about 30 minutes. The first responders present greatly appreciated the President's kind words and support for first responders serving Atlanta as well as all across the country.

There are many reasons why discussing your potential claim with an attorney as soon as you can after the incident will increase your chances of maximizing any financial compensation you receive. The knowledgeable and aggressive Georgia personal injury attorneys at Montlick & Associates, Attorneys at Law can examine the facts and circumstances of what happened to you and advise you on your legal rights as well as what steps are necessary to protect your rights.

Boating is a popular recreational activity for many people in the United States. However, like many activities, when people are not exercising caution, boating can prove quite dangerous. Thousands of boating accidents occur every year, leading to thousands of injuries and hundreds of deaths. When boating accidents occur, they often result from human error, and from someone being negligent. In these cases, those injured in the accident normally have the ability to recover compensation from the negligent person who was responsible for the accident and resulting injuries.

Video of airline security dragging a man off a United flight went viral in a matter of hours. The video depicts a man being dragged by his arms down the aisle of a United Airlines plane. Additional footage shows the man's face was bloodied, his eyeglasses askance, while his shirt was riding up to his chest. Audio captured shortly after the altercation ended shows the man to be in distress and disoriented.

A young police officer died this past weekend in a motorcycle crash this weekend according to the Atlanta Journal-Constitution. The initial investigation revealed that the off-duty officer was killed when he was riding his personal motorcycle north on Ogeechee Road. The officer was struck by an SUV that was headed south and turning east or left, in front of him. The motorcycle and SUV collided. The cause of the crash remains under investigation by the Savannah-Chatham Metropolitan Police Department.

A local high school teacher, once facing felony charges stemming from a fatal crash in Barrow County that killed two, now faces reduced charges. The accident occurred in March of 2016 and killed a young man and young woman. The families of the deceased told news reporters that the charges levied against the teacher had been reduced by the district attorney's office to two misdemeanor charges. Now the distraught families of the victims wonder whether justice will be done for their two family members whose lives were tragically cut short.

Heavy, damaging rains doused the metropolitan area on Tuesday, April 18. The rain fell on the region rapidly, causing dangerous flooding. The torrential rains slowed traffic on I-285 in Dekalb County and flooded parts of the Interstate. A crew dispatched by the Georgia Department of Transporation (GDOT) was tasked with opening a drain on I-285 to ease to flooding on the road.

The Atlanta Journal-Constitution reported that two motorcycle riders suffered injuries in a crash on I-20 in the early morning hours of April 19, 2017. The motorcyclists were part of a convoy escorting World War II veterans from the area to Hartsfield-Jackson International Airport. They were transported to the hospital via ambulance. Both riders are expected to survive their injuries.

An early morning crash has caused more traffic headaches for Atlanta residents and commuters. Reports indicate that a tractor-trailer truck carrying a highly toxic chemical overturned after a collision with an SUV. The crash happened around 2 a.m. Monday morning on the Downtown Connector. The operators of both vehicles involved in the accident were in violation of state law when the crash occurred. State officials closed the Downtown Connector in both directions as a result of the accident.

The Fulton County District Attorney's Office announced that a grand jury handed up indictments for the burning of construction materials that caused the collapse of a portion of I-85. The evidence presented to the grand jury was sufficient, at least initially, to charge Basil Eleby with first-degree arson and criminal damage to property. Eleby faces 25 years incarceration and a $50,000 fine, or both if convicted according to the Atlanta Journal-Constitution. Eleby is presumed innocent on all charges until the state proves him guilty beyond a reasonable doubt at trial.

While construction workers move forward with repairing I-85, commuters can use public transit or take an alternate route. Some roads near the area of the bridge collapse are getting reopened, one at a time. One northbound lane and one southbound lane of Piedmont Road are now open. If you plan to take a train or a bus to work allow plenty of time to find a parking space. Parking garages in some areas like Doraville and North Springs fill to capacity early in the morning, so check the conditions at the station that you plan to use before your first trip.

The Atlanta Journal-Constitution is reporting that an eight-year-old boy suffered fatal injuries while operating an all-terrain vehicle (ATV) on a poultry farm in northern Georgia. Around 7:30 p.m. on Saturday, April 15, sheriff's deputies, firefighters, and emergency rescue personnel were summoned to a poultry farm in Gordon County, which is situated about 65 miles north of Atlanta.

The Georgia Department of Transportation (GDOT) was forced to close all lanes of I-20 in DeKalb County after the roadway in the westbound high-speed lane buckled on Monday, April 17, 2017. The road failure occurred around noon. A motorcyclist suffered serious injuries when the cyclist struck the buckled road and flew off of his motorcycle. Some observers of the roadway deformity described the damage as if an earthquake struck the area. At first, GDOT and other officials were unsure why the road buckled as it did but they later ascertained the cause of the problem.

When Those Helping Victims Become Victims Themselves

The phrase "Good Samaritan" is used to describe a person who renders aid to another (even a complete stranger) upon seeing that other person in need or distress. There are countless stories from across the nation of these well-intentioned and caring individuals stepping in to save others from danger, distress, or inconvenience. If these Good Samaritans are not careful, however, they can become victims themselves and could find themselves in a situation more precarious than that of the individuals they are attempting to assist.

While the Georgia Department of Transportation (GDOT) has repeatedly deflected blame for the I-85 fire and collapse, others remain skeptical. Shortly after the road gave way, GDOT officials told the public and investigators that there was no way they could foresee any scenario where the roadway would collapse because of trespassers performing an illegal act under the bridge. Certainly, as the narrative goes, they could not anticipate a fire taking down 700 feet of roadway, resulting in tens of millions of dollars in damages. Notwithstanding the official GDOT stance, the National Transportation Safety Board (NTSB) and the Georgia fire marshal's office are investigating what happened, and why.

We rely on our doctors to give us expert advice that will help to improve or maintain our health and cure our ailments. We put a great deal of trust into the medical professionals who treat us because their decisions can quite literally be life or death for us in many cases. So what happens when your doctor decides that you need surgery, and you undergo a difficult and painful procedure, at great expense to you, and then find out that it might have been entirely unnecessary? Is this grounds for a medical malpractice case? It could be.

The United States Food and Drug Administration (FDA) announced a food recall on packaged salads sold in the southeast. The announcement came on April 8, 2017, indicating that consumers in Florida who purchased "Organic Marketside Express Salad" distributed by Fresh Express found a bat in a bag of salad. The consumers bought the bag of salad from a Walmart store. Fresh Express distributed the potentially contaminated salad to Walmart stores only in the Southeast. Walmart reportedly worked quickly to remove all of the potentially contaminated product from its shelves.

Imagine leaving an event at a bar, and as you exit the building, you find yourself tumbling down the steps that are at the front of the bar. It turns out that you fell on a loose step. The result for you was a broken arm, and thousands in medical bills. You feel that the step was clearly a hazardous thing that led to your injuries. However, you were at a bar, and you had imbibed a few alcoholic beverages. How will the fact that you were drinking impact your ability to collect compensation from the owner of the property, or the bar?

Traffic jams can be downright annoying. Depending on why a traffic tie-up happened in the first place, a motorist could sit and not move or just crawl by for hours and hours. It is an exhausting ordeal and frustration that quickly mounts in the minds of even the calmest drivers.

In the wake of senseless workplace violence in Coral Gables, FL, just outside of Miami, the question is certainly worth discussing. Premises owners may be liable in Georgia for crimes, reckless acts, as well as negligence committed by others on their property.

The fire that brought down a 350-foot section of I-85 on March 30th was a low point for some, but it brought out the best in others. Now those who performed at their highest levels on that fateful day will receive some well-deserved recognition. It is truly amazing that no one was injured or killed either by the fire that raged below the superstructure or from the collapse of the span itself. Atlanta motorists have quick-thinking police and fire personnel to thank.

Troubling NHTSA Statistics Show Traffic Fatalities are on the Rise

With the release of data from the National Highway Traffic Safety Administration (NHTSA) showing a rise in traffic fatalities during 2015 over previous years, some were left wondering what led to the dramatic increase. According to the NHTSA's statistics, 35,092 individuals were killed in traffic crashes – a number that represented a 7.2 percent increase over recent years and the largest percentage increase in nearly 50 years. In a time where cars are equipped with more safety features than ever before, these numbers were both confusing and alarming.

It has only taken eight days to clean up the pile of rubble that was once the span of I-85, which collapsed due to burning construction materials stored beneath the road. According to the Atlanta Journal-Constitution, construction crews are now in the process of rebuilding the structure. Workers had to remove the debris that was once 700 feet of roadway. The waste contained steel I-beams, concrete, asphalt, and rebar. In addition to removing the rubble from the fallen bridge, crews had to demolish other pillars and sections which were deemed unsafe. Officials continue to maintain that they expect the work to be completed by June 15, 2017.

If you have a claim for Social Security Disability (SSDI) benefits in Atlanta or anywhere in the Southeast region of the United States, you may require legal assistance to pursue your claim. The application process is very complicated and cumbersome, and so is the appeal process. You may have already learned this about the Social Security Administration (SSA) if you have filed for benefits and were denied. However, being represented by Atlanta SSDI attorneys might increase the chances that you will be successful with your appeal.

Every once and a while, hard working people need help. They get injured, sick, or experience some medical issue, be it physical or psychological that prevents them from working. Unfortunately, life does not stop because you cannot work. People still need a place to live, to put food on the table,  a car, and  to purchase medicine, all as they continue to try to survive in the world. 

Government Agency Finds Voluntary Compliance Enough

Despite requests from three consumer advocacy groups, the National Highway Traffic Safety Administration (NHTSA) recently declined to enact safety regulations that would have required automakers to install automatic emergency braking systems (AEBs) in their vehicles. Since the NHTSA elected not to acquiesce to the demands of advocacy groups, there will be no minimal federal standards that automakers must meet in regards to AEB systems. According to the NHTSA, its decision was based in part on 20 automakers' agreement to voluntary install and use AEB technology.

Cellphone video footage taken by an Ohio motorist made national news for its depiction of what is becoming a more common occurrence on roads and highways across the nation: motorists who are driving under the influence of heroin and opioids. In the video, the motorist attempts to awaken a fellow driver who is shown to be unconscious – passed out due to an overdose of heroin. Thankfully, the unconscious motorist did not injure anyone, and he was able to survive his overdose due to timely medical intervention. However, with opioid and heroin use and abuse on the rise, the numbers of individuals who are getting behind the wheel in such a state is also increasing.

Many applicants for Social Security Disability Income (SSDI) are denied, even though they seem to meet all of the criteria to qualify for benefits. It is a widely held belief that your SSDI application must be denied at least once before the Social Security Administration (SSA) will consider approving your application. That is not the case. The SSA rejects many qualified applicants for SSDI benefits. A person who was denied benefits has recourse through an appeals process. The SSA appeals system is cumbersome. It may be in your best interest, or in the best interest of a family member who received a denial letter from SSA in the Atlanta area to speak with a competent and knowledgeable SSDI appeals attorney.

In the wake of the I-85 collapse, hundreds of thousands of commuters in the Atlanta metropolitan area were forced to find alternate travel routes to avoid the gaping hole in the road. The Georgia Department of Transportation (GDOT) anticipates the problem will get worse starting Monday, April 10, when schools reopen after Spring Break. According to ajc.com, officials predict the traffic problems increasing by 30% when teachers, students, administrators, and other educational personnel return to work. Roads like Piedmont, Peachtree, Northside, and Cheshire Bridge have been bad, and the experts anticipate the traffic on those roads will worsen.

Medical malpractice cases arise when patients are injured as the result of negligence on the part of a medical professional who was treating that patient. These cases occur when a doctor fails to diagnose a patient properly, provides the wrong treatment, when patients are not properly warned of the known dangers and risks of a procedure that they have opted to undergo and others. While there are generalities that apply to medical malpractice cases anywhere in the country, there are certain aspects of the law that are state specific. NOTE: This blog article will generally discuss statutes of limitations as they apply to Georgia medical malpractice cases.  The information contained below is for general discussion only.  Therefore, you should not rely on this information and should you have any questions, we strongly encourage you to contact one of our attorneys.

The morning rush hour traffic in Atlanta wasn't as heavy as many had feared. Part of the reason for this is that this is spring break week for students in the Atlanta public schools. Traffic volume is likely to pick up when spring break is over, so commuters are advised to seek out public transit options or plan alternate routes. Many commuters have switched to public transportation, and trains and buses are more crowded than usual. The state hopes to encourage transit agencies to increase bus and train service by seeking funds to assist those agencies in doing so.

Marietta residents are saddened to learn that Robert Frank Meaders, the husband of the late Marietta Mayor Ansley Meaders, died after being hit by a motorist on Tuesday, April 4, 2017. Mr. Meaders was 71 years old. He was working as an engineer and was hit while he was in the street. This accident is a terrible reminder of the dangers workers who work in and around moving vehicles face.

Law enforcement officials have charged a 39-year-old homeless man with first-degree arson for allegedly starting the fire that caused the I-85 roadway disaster. The Atlanta Journal-Constitution is now reporting that the man's attorney, who is from the public defender's office, believes her client has been wrongfully and unfairly singled out as being solely responsible for all of the damage caused by the fire.

The Ford Motor Company has issued a recall on a model of truck because of a problem with the vehicles rolling away while parked. Ford announced that 53,000 F-250 trucks have a manufacturing defect which can cause the vehicle to roll away even though the gear selector is in the parked position. Although the company has issued the recall, the parts are not available to repair the manufacturing defect. Ford has asked its customers to engage the parking brake to prevent roll-away accidents during the delay. The company stated that it would fix the defect at no cost to the consumer. Despite the announcement, no accidents or injuries have been caused by the defect as of this time. Ford manufactured the defective trucks in 2015 in a Kentucky plant and were sold throughout North America.

The Georgia Department of Transportation (GDOT) announced today that it expects I-85 in Buckethead to reopen on June 15, 2017. The announcement is great news for many Atlanta-area residents and commuters alike. The traffic situation has been nightmarish since Thursday after a large section of the Interstate collapsed when plastic piping and other materials stored beneath it were set on fire. Fire and law enforcement officials have developed sufficient evidence to charge a 39-year-old man with first-degree arson and first-degree criminal damage for starting the fire. The evidence suggests the man allegedly started the fire by putting a discarded sofa in a shopping cart and lighting the sofa on fire.

Many first-time riders took to MARTA to commute to work on Monday. The significant increase in ridership caused MARTA parking lots to overflow. MARTA officials were keenly aware of the problem and are diligently working to resolve it. The real test for MARTA will be next Monday when schools' spring breaks end and teachers and students return to Atlanta-area schools. Alleviating the parking problem will require a cooperative effort between MARTA, commuters, and members of the community.

Firefighters needed about one hour to extinguish the flames that caused the collapse of I-85. Now officials say it will be many months before everything is back to normal. Meanwhile, Atlanta-area residents will be deprived of the use of a major thoroughfare connection to all parts of the Southeast. The Interstate collapse is expected to have a such a tremendous effect on Georgia's residents and businesses that Governor Nathan Deal has declared a state of emergency.

The Atlanta Journal-Constitution is reporting today that the suspect in the I-85 overpass collapse admitted to a witness that he started it. The witness to the fire told news outlets that she saw black smoke rising. She turned toward the man now charged with the arson and exclaimed that there was a fire. According to the witness, the man authorities allege started the fire looked toward the witness and let out an "evil" laugh and said that he was responsible.

This question arose after a series of tragic events took the life of a vacationer whose family was left brokenhearted. The answer, unfortunately, is not immediately apparent. The answer may depend on where you bring a claim for damages.

Our Law Firm Advocates For Students Injured By Negligent Bus Drivers and Bus Companies

In the Valdosta, GA area, a 41-year-old school bus driver was arrested last week for driving her school bus drunk while it was loaded with 44 children. Meanwhile, a Chelmsford, MA bus driver was caught smoking marijuana as he was about to drive kids on a field trip while high. Fortunately, students played a role in stopping both drivers from injuring or killing the children while driving a school bus intoxicated. School departments and the bus companies they hire to drive children to school should be held responsible for failing to hire competent and sober school bus drivers when those drivers needlessly expose students to danger.

Atlanta Auto Accident Attorneys Warn Of Potential Danger From Street Racing

Movie classics like Grease romanticized drag racing. The scene is not hard to conjure in the mind's eye. Two cars revving their engines with ear-splitting volume creep up to the starting line. The girl drops her scarf as the cars rip out of the hole. The tires screech as the revolutions per minute skyrocket from zero upwards of 5 or 6 thousand. The car, often souped up, seems to spring to life as it leaps forward. Momentum builds, and the cars slide slightly side to side as they glide down the track in pursuit of glory. As the finish line approaches the intensity of the drivers, and that of their eagerly awaiting fans, increases. There is a sense of danger and thrill in the air.

On February 27, 2017, the Georgia Supreme Court, in overruled the Appeals Court's decision Chandler Telecom, LLC v. Burdette, which had permitted an injured worker to recover for injuries suffered at work despite being injured during a dangerous job-related activity that his employer advised him not to perform. The Georgia Supreme Court overturned the case and sent the matter back to the trial court for additional fact findings. The Court's opinion appears to weaken previous court precedent. People injured on the job should contact an experienced and knowledgeable Georgia workers' compensation attorney at Montlick & Associates to learn about their rights and options.

The Boston Herald reported recently that a 54-year-old worker tragically died after falling from scaffolding. The man was working on the gutters of a home in suburban Boston when he fell approximately 20 feet. When police and emergency personnel arrived, the man was unconscious, unresponsive, and suffering from obvious head trauma. The man was rushed to the hospital but died an hour later. The Occupations Health and Safety Administration (OSHA) commenced an investigation into why the man fell to his death. Local and state police are also investigating. Montlick and Associates, Attorneys at Law have vast experience representing injured workers and their families who suffered a workplace injury or death.

A teen died tragically and violently, and the Tennessee Department of Transportation charged the family for the repairs. As if the heartache was not traumatic enough, receiving the bill was adding insult to injury for the deceased girls' parents. The guardrail the teen struck was defective and actually caused her death. This heart wrenching story demonstrates how tragedy can strike instantly. Montlick & Associates, Attorneys at Law represent auto accident victims and their loved ones in catastrophic injury cases and wrongful death cases in the Southeast, including Tennessee.