Blog Archive - July, 2017

As the summer temperatures grow and people seek to cool off with water activities, people will likely spend the hot days riding their Jet Skis®, SeaDoos®, WaveRunners® and other personal watercrafts (PWCs). Personal watercrafts provide an exciting form of recreation, but they can be very dangerous when they are in the hands of someone who is inexperienced or intoxicated. A study by the National Transportation Safety Board (NTSB) found that seventy percent of PWC accidents were attributable to one of three causes – (1) inattention, (2) inexperience or (3) inappropriate speed.

The pedestrian accident and injury lawyers at Montlick and Associates have been representing pedestrians struck by motor vehicles for over 35 years. Our attorneys have seen the devastating consequences of careless or inattentive drivers who plow into those walking, jogging or crossing the street in Atlanta and throughout the State of Georgia.

Our Personal Injury Lawyers in Georgia Discuss a Few Common Mistakes That Could Damage Your Case

Many people who suffer incapacitating injuries or lose a loved one to a drunk driver, foreseeable and preventable act of violence or an exhausted big-rig driver do not receive the recovery they should because they make mistakes that damage their personal injury or wrongful death claim. While it may seem reasonable to see how the other party’s insurance company will proceed in handling your claim, insurance companies are not in the business of expediting the full value of an insurance claim to injury victims. Further, most insurance companies are staffed with a knowledgeable and experienced team of attorneys, experts, adjusters and others with the objective of reducing the amount paid to injury victims.

Passing on Two-Lane Highways in Georgia – Unsafe Driving Can Result in Serious Injuries

The state of Georgia, as well as in the Southeast, generally have numerous two-lane highways, and while some highways do allow for drivers to pass, others do not. It can be frustrating when there is a vehicle driving well under the speed limit that is holding not only you up, but also, numerous other drivers as well. While slow vehicles can certainly be a frustrating hindrance, such an inconvenience is much less harmful than an accident caused by a passing vehicle on a Georgia highway.

Several of our blogs articles are devoted to examining the key questions that most prospective clients ask us when they meet with us for the first time during an initial consultation. We feel that it is crucial for people, before they consult with our Georgia Personal Injury Attorneys, to be armed with the facts so that they can make informed decisions in their case. With this in mind, consider the following questions:

When blowouts occur because tires are inadequately maintained, defectively manufactured or expected to travel an excessive number of miles, the consequences can be fatal collisions. The risk is especially serious when large vehicles, such as fully loaded tractor-trailers, SUVs and buses, are involved in a crash. A fatal tire blowout accident occurring this month provides a tragic example of this danger.

The prospect of caregivers, who are entrusted with the care of our elderly loved ones, committing acts of violence or viciously ignoring the fundamental necessities of hydration and nutrition may seem hard to imagine. Unfortunately, elderly residents of nursing homes and assisted living facilities throughout Georgia suffer abuse and neglect far too often. Seniors may even be assaulted or neglected by in-home caretakers hired to come in to the home so that the senior can maintain a high degree of independence. Our Atlanta elder abuse attorneys represent seniors and family members of aging loved ones in seeking financial compensation suffered at the hands of those paid to provide care and assistance to seniors. In this two-part blog article, we have provided an overview of the scope of the problem and suggestions for protecting your loved one from nursing elder abuse and nursing home neglect.

If a careless or inattentive driver T-bones your car in an intersection or slams into the rear of your vehicle, the financial benefit of a settlement or judgment might ease the financial burden associated with serious injury and time off work.  Medical evidence often is critical to proving the cause, nature, and severity of the injury.  Moreover, the testimony provided by a physician will usually have a significant impact on the outcome of a personal injury claim.  Plaintiffs in personal injury lawsuits might not realize the procedural obstacles that complicate the process of getting a doctor’s testimony to be considered by a judge or jury.  In this blog article, we explore a decision that provides a detailed overview of what requirements must be met when introducing testimony from a doctor in the Federal Southern District of Georgia.

Montlick & Associates, Attorneys At Law Discuss Regional Law Enforcement Effort To Curb Speeding

The Georgia State Patrol announced that law enforcement officers in the state of Georgia in cooperation with law enforcement officers in Tennessee, Alabama, Florida, and South Carolina began an initiative to identify drivers operating at speeds greater than the posted limit. The week-long initiative has been dubbed, "Operation Southern Shield." The focus of Southern Shield is to apprehend speeding motorists in an effort to reduce the number of traffic deaths or prevent a traffic death. If you or someone you love has been injured by a speeding motorist in Georgia or the surrounding states, Montlick & Associates has the knowledge and experience you need to maximize your chance of financial recovery.

Montlick & Associates, Attorneys At Law Want Parents Of Young Drivers To Beware Of Summertime Driving Dangers

The American Automobile Association (AAA) dubbed the time between Memorial Day and Labor Day the "100 Deadliest Days." Summer has earned this dubious distinction because of the risk young, newly minted drivers pose to themselves and motorists, motorcyclists, bicyclists, and pedestrians. AAA estimates that young drivers are three times more likely to be involved in a fatal crash during summer than at any other time of the year. During this time frame, 15% of all fatal crashes involve a teenage driver, more than any other time of the year. If you or a loved one was injured in a car accident involving someone else's negligence, Montlick & Associates has the experience, dedication, and compassion to help you recover compensation for your injuries.

Traffic-related Fatalities Caused by Negligent Drivers in Georgia Are on the Rise

Recent improvements in traffic safety would seem to provide a basis for optimism that collision-related injuries and deaths will decline in the near future.  These innovations include investment in safer roadway design, vehicles equipped with collision avoidance systems, autonomous (self-driven) vehicles, and tougher drunk driving laws.  Despite these innovations, a new report suggests that much remains to be done to make the roadways of Atlanta and the surrounding areas of Georgia safe for drivers, passengers, motorcyclists, bicyclists, and pedestrians.  In this blog, our Georgia auto accident lawyers examine the factors that have contributed to the recent rise in traffic fatalities throughout the state.

Accidental injuries occur in many ways, including automobile collisions, slips or falls, product liability, and dog bites. In many cases, injuries occur as the result of someone else’s carelessness, or negligence, but sometimes people are injured because of their own actions. When another person causes your injury, the responsible person can sometimes be found legally liable, and therefore owe you damages. If you cause your own injury, you are often out of luck.

The 4^th of July holiday provided a time for families to celebrate our country’s independence with family while enjoying fireworks, barbecues, and family. However, safety experts have referred to the July 4^th weekend as the most dangerous weekend of the year.  In fact, the National Safety Council indicates that a recent 4^th of July saw 385 deaths and 11,400 injuries from fireworks, swimming accidents, and auto collisions.  In this blog article, our personal injury attorneys urge members of our community to be vigilant about protecting their legal rights after suffering an injury due to another's negligence.

Although any motor vehicle accident could cause significant injury, pedestrian collisions present a higher risk of causing permanent injury.  In this blog article, our personal injury lawyers provide important information for pedestrian accident victims.

Atlanta Personal Injury Attorneys Address Liability of Commercial Airlines for the Injury or Wrongful Death of a Passenger

Many people are afraid of air travel even though aviation accidents are rare events.  Nonetheless, crashes do not constitute the only way passengers are injured during a commercial flight.  The media recently reported on multiple lawsuits against United Airlines.  In one incident, the commercial airline quickly and quietly settled a lawsuit filed by a passenger when she was forcibly dragged off her plane in Chicago.  Another lawsuit was reportedly filed by a passenger who suffered an injury during a rough landing.  In this article, our Personal Injury and Accident Lawyers in Georgia examine the potential liability of a commercial airline for injuries suffered by passengers during a flight.

When you experience injury in a car accident or a slip and fall on a wet floor in a grocery store, the skill and experience of your personal injury lawyer often have a profound impact on the financial compensation you receive for your injuries and other losses.  While some injury victims attempt to negotiate directly with the responsible party or his or her insurance company, unrepresented injury victims often make mistakes in terms of what might seem to be the most basic aspects of pursuing a civil lawsuit.  These types of miscalculations reveal that even aspects of a claim that seem rudimentary might necessitate the knowledge and expertise of a top Atlanta personal injury lawyer.  In this articles, we review a Georgia Court of Appeals decision allowing a plaintiff to bring additional claims beyond the statute of limitations covering the initial claims because of their relationship to the original claims.

Tractor-trailers possess a multitude of factors that pose an enhanced risk to roadway safety, including a huge disparity in weight and significantly longer stopping distances when compared with passenger cars.  Large trucks can outweigh a typical passenger car by a factor of 20-30 times.  The extraordinary length and height of a tractor-trailer also obscure visibility for the truck driver and other motorists.  Although many factors related to semi-trucks and commercial drivers play a role in the number of trucking-related injuries, the size of a massive big-rig contributes both to the number of collisions and the severity of those accidents.  In this blog article, our Atlanta tractor-trailer accident lawyers highlight the danger of no zones without implementation of safety innovations and properly trained drivers.

More than three dozen families lives changed forever when one of the worst fires in modern California history engulfed an Oakland warehouse.  Several types of negligence can cause a fire that results in painful and disfiguring injuries or fatalities.  This type of fire might be caused by faulty wiring, a gas leak from defective machinery, or improper use of chemicals.  Parties who fail to take reasonable care to avoid creating fire hazards and manufacturers of defective products that cause fire accidents can be financially responsible for the harm they cause.  However, injury victims and surviving family members can face challenges in proving liability.

Our Atlanta Product Liability Attorneys Report on the Billion Dollar Settlement Against Takata for Exploding Airbags and Falsified Testing

Takata, the Japanese company and word's largest manufacturer of airbags, has agreed to pay $1 billion dollars in criminal sanctions for failing to disclose defects that caused air bags to explode.  Takata air bags have been linked to at least fifteen fatalities and hundreds of injury victims.  The company must pay restitution of $850 million to automakers that equipped vehicles with the faulty airbags.  Takata also was ordered to contribute $125 million toward a fund that will be used to compensate victims of the exploding airbags.  The final component of the award includes a $25 million criminal penalty. 

Motorcycle Accidents in Georgia

Motorcyclists face many risks that drivers and passengers in cars do not. The very nature of the vehicle means that unlike people traveling in cars, motorcyclists have no metal surrounding them. But there are other risk factors as well, including the fact that motorcycles are less visible than cars, and that small obstructions on the road can lead to accidents for motorcycles when they would not pose much of a risk to drivers in passenger vehicles.

While auto accidents happen on a daily basis, it is not every day that you see a pile-up accident that involves multiple vehicles with one vehicle catching fire.  Such traumatic and catastrophic accidents have life-altering consequences for the injured victims and their loved ones.  A recent accident involving eight vehicles left one person dead and seventeen others injured, some of which are very severe.  The accident occurred on GA 316 in Lawrenceville.  One vehicle was trapped under a semi-truck and was on fire, leading to the tragic death of its driver. 

Cyclist Recovers From Hit-and-Run Accident Caused by Impatient Driver: Georgia Personal Injury Attorney Explains 

As a cyclist was traveling on Johnson Road in Senoia, Georgia, the driver of a passenger vehicle became impatient and took dangerous action to taunt and get around the cyclist.  The injured bicyclist reported that he, along with three other cyclists, had been part of a larger group of thirty that had been traveling in the late afternoon and early evening.  The small group of four cyclists had separated from the group by the time the accident took place.

While auto accidents happen on a daily basis, it is not every day that you see a pile-up accident that involves multiple vehicles with one vehicle catching fire.  Such traumatic and catastrophic accidents have life-altering consequences for the injured victims and their loved ones.  A recent accident involving eight vehicles left one person dead and seventeen others injured, some of which are very severe.  The accident occurred on GA 316 in Lawrenceville.  One vehicle was trapped under a semi-truck and was on fire.  The driver of this vehicle, unfortunately, did not survive the accident.

A French fitness model was killed recently by an exploding can of whip cream. According to the New York Post, the bottle of whip cream used by the model was removed from consumer markets in 2013 by the manufacturer because of the possibility the item could endanger someone. While a terrible tragedy, this is another instance of how manufacturers owe a duty of care to consumers to produce products which are safe. Manufacturers also owe customers an obligation to recall potentially hazardous consumer goods and take reasonable measures to reclaim the recalled products from consumers.

Personal injury law covers a wide range legal claims, from car accidents to medical malpractice. Anyone can find themselves wrapped up in one of these cases, and if you do, you might have to familiarize yourself with some legal terminology in order to better understand what is happening with your claim. Here are some of the terms that you might come across, with an explanation of how they might relate to you and your legal claim.

Hernia mesh is something that many people are familiar with as hernias are extremely common across the United States.  Even if you have not had hernia mesh implanted in your life, you may know someone who has.  Hernia repair procedures happen every day in this country, many of which involve the use of a synthetic mesh material.  Some people may argue that hernia mesh is safe and effective. However, the thousands of complications reported by patients and physicians to the FDA cannot be ignored.

It is an unfortunate reality that dog bites happen every day in Georgia as well as throughout the United States.  The vast majority of dog owners understand how important it is to ensure their dogs are well-behaved and do not pose a safety risk to other animals or people.  However, there will always be dogs that are either trained to behave dangerously or who were never trained to behave appropriately with others.  Whatever the reason may be for why a dog is dangerous, it is always the dog owner’s responsibility to ensure his or her dog does not harm another animal or person.

Serious injuries have the potential to cause significant brain damage that can leave a person partially or completely incapacitated.  When catastrophic injures lead to severe brain damage, it can be devastating on loved ones who are caring for the injured person.  Medical malpractice is something that occurs every day despite efforts to reduce and eventually eliminate this type of negligence.  Patients entrust the expertise and qualifications of doctors to provide medical care and treatment that does not cause unnecessary harm.  While many doctors provide excellent care and save lives, there are other doctors who have caused harm to patients as a result of negligent conduct.

Ambulances are emergency vehicles intended to save lives, taking ill or injured patients to hospitals for emergency medical attention.  However, ambulances have certainly been involved in accidents over the years, but most accidents do not involve a situation where the driver of an ambulance falls asleep at the wheel, causing an accident that results in the death of the patient being transported to the hospital.  Tragically, such an incident recently took place in Rome, Georgia. 

Airplane crashes do not occur as frequently as car and trucking accidents, so when three small plane crashes happen within a matter of days, and two of them within a matter of hours, the accidents certainly make headlines.  It takes a significant amount of time to investigate any airplane accident, and authorities have stated it could take up to one year for the Federal Aviation Administration (FAA) to fully investigate these plane crashes and for the National Traffic Safety Board (NTSB) to determine the cause of each of these Georgia plane crashes and issue a report.

There is no federal law stating that bike riders must wear helmets. Most state and local laws that do require individuals to wear helmets while biking, only apply to minors, or individuals who are 18 years old and under. Even if you are no required to wear a helmet, it is important to remember that in addition to putting you at risk for further injuries, failing to wear a helmet can potentially put your personal injury claim at risk.