Blog Archive - January, 2018


31 Articles

The Link between SUV Vehicles and Rollover Accidents

January 31, 2018

SUV Vehicles and Rollover Accidents in Georgia

Most people are aware that SUV vehicles are more likely to roll over during an accident or a sharp turn, however newer designs have lessened the likelihood of an SUV rollover. The addition of electronic stability control in SUVs has increased the overall safety of the vehicles favored by younger families with children. 

The Stages Involved in a Trucking Accident Claim in Georgia

January 30, 2018

The Trucking Accident Claim Process in Georgia

Over five thousand deaths and over 200,000 serious injuries occur each year as a result of a collision between an 18-wheeler and a passenger vehicle. While there are certain steps you should take immediately following the accident, there is also a specific process involved in pursuing a claim. A trucking accident is often serious and therefore traumatic for the victims. When an 80,000 pound truck collides with a 3,000 pound passenger vehicle, fatalities or serious injury can result. In some cases the truck may also be loaded with a hazardous cargo which will compound the devastation of the accident.

Georgia Car Accident Attorneys Discuss Wrongful Death Claims

January 29, 2018

Georgia Car Accident Attorneys Discuss Wrongful Death Claims

Every year, approximately 30,000 families will be forced to say good bye to a 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.  All too often, the deceased family member provided financial or household support for the family, creating a huge loss with their death.  The survivors of deceased car accident victims can seek compensation for their damages through a wrongful death action.  Survivors may recover funeral and burial expenses, lost support and wages, emotional pain and suffering, and much more through this type of action. 

What to Do if You Live Out of State and Were Injured While in Georgia

January 28, 2018

Were You Injured While Visiting Georgia?

Being involved in an automobile accident is always a traumatic experience. When you happen to be away from home, out of your home city or state, it can be even more stressful. If you are away from your home state and in the state of Georgia when an accident occurs, there are measures you can take to minimize the stress of your accident. Just as with any accident you will notify the local police, get medical treatment and call your insurance company.

Common Causes of Bus Crashes in Georgia

January 27, 2018

Our Attorneys in Georgia Discuss the Common Causes of Bus Accidents

A recent fatal tour bus crash in Mexico reminds us how very dangerous bus crashes can be due to the sheer size of these  types of vehicle as well as the number of occupants. Across the United States, approximately 1,800-2,000 buses are involved in collisions each year with the number of fatalities from these crashes averaging 250 per year. Over 20 percent of bus crashes involve another vehicle, whereas approximately 25 percent involve a collision with a stationary object, and over 50 percent are rollover accidents. Overall, negligence is the root cause of many of these bus accidents and victims of the collisions should know help is available.

Improperly Secured Cargo on Large Commercial Trucks in Georgia

January 26, 2018

The Hazards of Poorly Secured Cargo on Large Commercial Trucks in Georgia 

A semi-truck overturned and crashed on I-110 spilling a load of wooden pallets across the roadway. The Houston truck driver was cited for careless operation, and I-110 was shut down for nearly six hours. Thankfully, the only injuries sustained were minor ones to the driver of the truck as other drivers were able to narrowly miss crashing into the pallets scattered across the Interstate. The accident could have been much more serious, resulting in injuries or even fatalities.

When Bad Brakes Cause Trucking Accidents in Georgia

January 25, 2018

Trucking Accidents in Georgia Caused by Bad Brakes

An inattentive driver, paired with faulty brakes, is believed to be the cause of a truck accident in the Nevada desert in which a large commercial truck struck an Amtrak passenger train. Six people died and another sixteen were seriously injured in the accident. The truck, pulling two empty trailers struck the left side of the Amtrak train which was en route from Chicago to California. The collision destroyed the truck as well as several train cars, resulting in a fire which engulfed three train cars. The truck driver, the train conductor and four train passengers were killed while sixteen other train passengers were seriously injured.

Whiplash Injuries Caused by Rear-End Collisions in Georgia

January 24, 2018

Whiplash Injuries Are a Very Real Injury in Georgia

Many insurance companies today associate the word “whiplash” with non-serious injuries. This is largely due to the fact that whiplash injuries can be extremely difficult to diagnose, butthe stigma associated with whiplash can take away from the thousands who receive very real neck injuries each year. The term "whiplash" is generally associated with any injury to the soft tissue of the cervical spine including muscles, nerves, ligaments and discs.  At one point in history when many people traveled by railcar, an injury to the neck which occurred following a minor collision between train cars was known as “railway spine”—a term which suffered the same negative connotation as “whiplash.” In truth, whiplash is a very real, very painful and potentially debilitating injury. In fact, Harvard Medical Research suggests that as many as 10% of all whiplash injuries can lead to permanent disability with chronic pain.

Georgia Car Accidents Resulting in Paralysis

January 23, 2018

An Overview of Georgia Auto Accidents Resulting in Paralysis

An award of $23.8 million dollars to a driver who was paralyzed in an automobile accident was subsequently upheld by the Illinois Appellate Court. The lawsuit stemmed from a car crash between the driver of an SUV and a large Illinois Department of Transportation truck. Both drivers suffered some degree of paralysis and both filed lawsuits against the other, however at the end of the trial the jury found in favor of the driver of the SUV and against the driver of the Department of Transportation truck.

The Importance of a Quick Investigation Following Your Georgia Trucking Accident

January 22, 2018

The Business of Trucking

Big trucks are big business; the trucking industry employs an astonishing 7.3 million people, carrying nearly 70% of all freight—over $8.3 trillion dollars’ worth of merchandise annually.  In 2015, commercial trucks logged approximately 296 billion miles. While commercial trucks make up only 12.2% of all registered vehicles, they pay over $38 billion dollars in state and federal highway user taxes.  It goes without saying that the trucking industry is huge, and therefore, when a trucking accident occurs due to a trucker's negligence, it is common for the trucking company to employ extremely aggressive defense tactics in an effort to minimize liability.

Trucking Accidents Caused by Negligent Hiring Practices in Georgia

January 21, 2018

Negligent Truck Driver Hiring Practices Lawsuits in Georgia

Plaintiffs in a tractor-trailer collision lawsuit alleged the trucking company’s negligent hiring practices were directly responsible for the fatal collision. The lawsuit contended that the truck driver was both overly-fatigued and driving recklessly when he crossed the center line, causing a tragic accident. Following a jury award of $7 million dollars in the lawsuit, the parties reached a confidential settlement under the terms of a pre-verdict high-low agreement. The lawsuit against the trucking company alleged the company showed negligence and recklessness in their hiring, training and supervising capacities. There was no background check performed on the truck driver and a trip was assigned the driver that could not possibly be completed without violations of hours of service regulations. The court allowed evidence showing the driver had two prior license revocations, however did not allow the plaintiff’s attorneys to disclose those revocations were for drunk driving convictions.

Addressing Dangerous 18-Wheeler Truck Drivers Reduced Deadly Accidents by 40%

January 20, 2018

When Trucking Accidents are the Result of Aggressive Driving

The Ticketing Aggressive Cars and Trucks (TACT) program has apparently had the desired result of reducing the number of deadly accidents involving 18-wheelers by almost 40%. Under the TACT program, police officers are looking for aggressive truck driving behaviors and have written 1,000s of traffic tickets for aggressive driving. The officers are looking for such dangerous behaviors as unsafe lane changes, excessive speed, driving erratically, violating traffic signs or signals, improper passing, driving under the influence, and following too closely.

Georgia Trucking Accidents and Electronic Stability Control Devices in 18-Wheelers

January 18, 2018

Georgia 18 Wheeler Truck Accident Lawyer

Discuss the Need for Stability Control in 18-Wheelers 

In 2017, there were 1,533 fatalities due to truck accidents in the state of Georgia. Many of these accidents involved a truck overturning, sometimes on a busy roadway. When a truck overturns in traffic, many more innocent victims can become part of the accident. Physics play a large roll in rollover accidents. When a large commercial truck comes upon a curve, centrifugal force results in the truck leaning away from the direction of the curve and a truck rollover results. When a rollover occurs, millions of dollars in productivity are lost and serious traffic tie-ups are likely. Even worse, nearly two-thirds of all truck accident fatalities involve a rollover.

Are Truck Under-ride Guards Providing the Necessary Level of Protection in Georgia?

January 17, 2018

Georgia 18-Wheeler Accident Lawyers Discuss Truck Under-ride Guards

Driving behind a large commercial truck you have likely noticed the metal bar hanging down from the bottom rear of the truck’s trailer. Those metal bars are called under-ride guards and their purpose is to prevent passenger cars from slipping underneath the trailer in the event the trailer is rear-ended by the smaller vehicle. Although there has been a push for over two decades in the U.S. mandating the use of under-ride bars, the truth is the strength of those bars remains woefully inadequate. In a crash test performance of the average under-ride bar installed on a tractor-trailer, the guards were not strong enough to withstand even a 35 mph crash. This study sent an average-sized sedan crashing into the rear of a truck at 35 mph with a crash dummy behind the wheel. Although the under-ride guard fully met current governmental standards, the vehicle slid right under the truck, removing the top of the vehicle—as well as the crash dummy’s head.  

Was Your Georgia Accident Caused by an Overloaded Truck?

January 16, 2018

Was Your Georgia Accident Caused by an Overloaded Truck?

While the general perception is that trucking accidents are caused by unsafe driving, there are other factors involved in accidents involving large commercial trucks. When an 18-wheeler is too heavy, the momentum of the truck is changed, making it more difficult to stop and more likely to skid out of control during a minor swerve. Even though there are laws in place which dictate weight and height limits, these laws may be circumvented in the interests of getting a load delivered quickly.

The Growing Problem of Road Rage in Georgia

January 15, 2018

Auto Accident Attorneys in Georgia Discuss the Growing Problem of Road Rage in Georgia  

All automobile accidents have the potential to be traumatic for all those involved however, accidents involving road rage introduce another element into the mix as well. Aggressive driving and road rage incidents are becoming increasingly common across America as our increasingly-busy lives leave little patience for any type of slow-down needed while driving. Heavily congested freeways fill morning and evening commutes with tension causing the most even-tempered person to lose their cool.  A study which looked at fatal auto accidents from 1990 to 2006 found a significant number of those accidents to be the result of road rage. Further, AAA found that aggressive driving behaviors factor into at least 56% of fatal crashes.

Georgia Car Seat Laws & Safety Advice

January 14, 2018

Georgia Car Seat Laws & Safety

Protecting your little one is instinctive, especially when your child is riding in a car.  Both your child’s safety and yours, however, can be unexpectedly jeopardized by the thoughtless actions of another motorist or an unavoidable malfunction in your own vehicle.  That’s why it’s important to always have your child properly restrained up until the age of eight (8) while traveling the streets, highways, and byways.  In Georgia, it’s the law.  Many parents may believe that children are more vulnerable the younger they are.  While this may be true in certain situations, it is also true that your child, regardless of how young or old, is at risk for being seriously injured if not properly restrained in a car seat or booster seat.

Georgia Booster Seat Law and Safety Tips

January 13, 2018

Georgia Booster Seat Safety

Our children are our greatest asset.  In essence, they are our future.  We, as parents and adults, share a societal responsibility to help ensure all children stay safe.  Keeping children safe on the roadway is a vital part of this mission.  Car accidents are the leading cause of death for children between the ages of 1 and 12 years old.  Each year, approximately 600 children under the age of 13 are killed in motor vehicle accidents.  One-third of these young accident victims were killed as a direct result of improper use of child safety restraints, including car seats, booster seats, and safety belts.  Study after study demonstrates that the use of proper safety restraints reduces the risk of death in infants by over 71% and in children by up to 59%.

Back-To-School Means Georgia Drivers Must Exercise Greater Caution

January 12, 2018

Back-To-School After Winter Break Means Georgia Drivers Need to Exercise Greater Caution

Back-to-school after the New Year can be an exciting time of year for many children in Georgia. Students are excited to be reunited with their favorite teachers, friends, and have new experiences. However, back-to-school, after the winter break, is also the time of year when drivers need to exercise the greatest caution when driving near buses, bus stops, and in school zones. After a couple of weeks off from morning bus routes and paying close attention to children, it is easy to lose some focus and become complacent as a motorist. That is why motorists must be ever vigilant and anticipate that a young child might do the unpredictable.

Georgia Car Seat Safety Resources Links Page

January 10, 2018

Montlick & Associates' Georgia Car Seat Safety Resources Links Page

Keeping abreast of car seat safety information is important to ensuring you are taking the right steps when placing your child in a car seat.  Children are always vulnerable, but are even more vulnerable at the age when they must be placed in a car seat.  As such, the more you know when purchasing and using a car seat, the more likely it is that you are using a car seat as intended.  

Filing a Booster Seat Lawsuit in Georgia

January 09, 2018

Montlick & Associates Examines How to File a Defective Booster Seat Lawsuit in Georgia

Automobile accidents have the potential to result in significant injury or even death, to any driver or passenger involved.  When it comes to our children, however, injury and death seem unfathomable, especially because our children have so much to look forward to in their young lives. 

Georgia Booster Seat Laws and Child Passenger Safety in Georgia

January 08, 2018

Georgia Booster Seat Laws 

Child Passenger Safety in Georgia

All states have their own unique laws regarding child safety seats and seatbelt use.  In Georgia, the booster seat laws have been strengthened in response to a saddening large number of Georgia children being seriously injured or tragically killed in automobile accidents.  Booster seats have been proven to help reduce the risk of injury or death in children, and Georgia’s enhanced booster seat laws are aimed to encourage their proper use for children younger than eight (8) years old.

Georgia Car Seat Laws and Regulations

January 07, 2018

Georgia Car Seat Laws

Georgia Car Seat Safety

While babies always seem safest in the arms of a loved one, the opposite is true when traveling Georgia roadways with your little ones.  Your baby is three-times more likely to be injured in a crash when he (or she) is not properly restrained.  Until they reach the age of 12 months and weigh at least 20 pounds, infants must be restrained in a federally approved car seat. 

Georgia Product Liability Laws and Punitive Damages in Georgia

January 06, 2018

Georgia Product Liability Laws, Time Limits and Punitive Damages

Georgia Code
TITLE 51 - TORTS (2010)
CHAPTER 1 - GENERAL PROVISIONS
§ 51-1-11 - When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

Whenever we purchase a product, we are placing our trust in the manufacturer and seller of that product. We eat food and trust that it is not contaminated with harmful bacteria, take medications and trust that they will not cause horrible side effects, and we drive in cars and trust that the brakes will not fail us. Part of the reason that our products are typically safe is that we have laws to product consumers. In the event that a product is defective in such a way that it harms someone, the person or corporation that sold the product or manufactured it will be liable to the injured person for damages. Damages can include the cost of medical care, lost wages, property damage, pain and suffering and emotional distress. Another type of damages that are sometimes awarded are punitive damages, which are different from the other types of damages because they are not meant to compensate the injured person, but rather to punish the person or company responsible for the harm.

High School Football Player Injuries on the Rise, Study Reports

January 05, 2018

Our Georgia Attorneys Help Parents Understand High School Football Player Head Injuries and Prevention

High school football games are a fun pastime for teenagers and adults alike. In many cities and towns across the country, Friday nights are dedicated to football games. Many parents understand that some risk of injury is present in a football game. However, some are unaware that there is a risk of death in this popular sport. According to our Georgia personal injury attorney, 24 high school football players died over the past few years from traumatic brain and spinal cord injuries they sustained during football games.

18-Wheeler Accidents Caused by Fatigued Truck Drivers in Georgia

January 04, 2018

Montlick & Associates, Attorneys At Law: Georgia Lawyers For Victims Of Fatigued Truck Drivers in Georgia

Large trucks arguably make our nation run. Many people argue that without truck drivers hauling freight across the nation, our economy would come to a standstill. The numbers tend to support that theory. Large trucks move 70% of all goods shipped in commerce in the United States, weighing 10.49 billion tons. In 2015, there were 3.46 million large trucks on the road hauling freight, driven by 3.5 million registered CDL, or commercial driver's licensed, truck drivers. Those drivers traveled almost 170 billion miles.

Protecting Georgia Children Through our Child Passenger Safety Program

January 03, 2018

Protecting Georgia Children Through the Montlick & Associates, Attorneys at Law, Child Passenger Safety Program

Our nation’s children are our greatest asset.  In essence, they are our future.  We, as parents and adults, share a societal responsibility to help ensure all children stay safe.  Keeping children safe on the roadway is a vital part of this mission.  However, Car accidents are the leading cause of death for children between the ages of one and 12 years old.  Each year, approximately 600 children under the age of 13 are killed in motor vehicle accidents.  One-third of these young accident victims were killed as a direct result of improper use of childhood safety restraints, including car seats, booster seats, or safety belts.  Study after study demonstrates that the use of proper safety restraints reduces the risk of death in infants by over 71% and in children by up to 59%.

Georgia Workers’ Compensation FAQ’s

January 02, 2018

Accidental injuries that occur at work are handled by workers’ compensation programs. This means that these claims are treated differently from other personal injury lawsuits. If you suffered an injury while working, or while at work, will likely be able to collect workers’ compensation.

Kroger in Slip and Fall Case in Fulton County, Georgia

January 01, 2018

Man Prevails Against Kroger in Slip and Fall Case in Fulton County, Georgia

A 52-year old man sustained serious injuries when he slipped and fell in a Kroger store in Fulton County, Georgia. Prior to the man’s fall, some yogurt had spilled onto the aisle. Kroger employees failed to clean the yogurt in a timely manner. Security cameras captured a store employee passing by the spill several times and failed to clean it up or leave a “Wet Floor” sign to warn shoppers of the hazard.  As the man was shopping, he slipped on the yogurt and fell, which caused a serious shoulder injury. In doing so, he tore his rotator cuff. He underwent two surgeries and his medical bills amounted to roughly $58,000. The slip and fall case went to trial, and the man was awarded $400,000 by a Fulton County jury.

Blog Archive

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.