Georgia Personal Injury Law Blog


By Montlick & Associates

Our Atlanta Personal Injury Attorneys at Montlick and Associates would like to welcome you to our legal blog. The blog is designed to provide helpful information to injury victims about their legal rights and remedies, and to promote family safety so that accidents can be prevented before they happen. While our attorneys and staff have provided information on many topics, we know that you may have specific questions based on your unique situation. We invite you to contact us for your free consultation with one of our Atlanta Personal Injury Lawyers so that we can evaluate your case, let you know about your legal rights and the steps that need to be taken to protect those rights, and to address your specific concerns and questions.

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No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). Or use our Free Case Evaluation Form or 24-hour Live Online Chat.


Does Working Longer Hours Endanger Patients?

March 25, 2017

The Accreditation Council for Graduate Medical Education (ACGME) will allow first-year resident physicians to see patients 24 hours per day, for up to 80 hours per week starting July 1, 2017. In 2011, ACGME limited the number of hours a first-year resident could see patients to 16 hours per day. ACGME restricted the patient time to 16 hours out of a concern that fatigued trainee physicians would be mistake prone. ACGME now claims that the restrictions it imposed in 2011 made no significant contribution to patient care.

Work Zones And Lane Closures: A Dangerous Combination For Workers And Motorists

March 25, 2017

Continued progress is valuable to the community, even if it comes at a major inconvenience at first. As we approach the first day of Spring, 2017, construction projects abound. The Georgia Department of Transportation (DOT) recently announced additional lane closures as "Transform 285/400" marches on, as reported by the Atlanta Journal-Constitution. The right and left lanes will be closed in an alternating fashion from night to night on I-285 Westbound. The DOT will keep the lanes closed from 8 pm to 6 am. Additionally, one lane of I-285 East will be closed during the same hours.

Controversial Stem Cell Procedure Robs Three Women Of Sight

March 24, 2017

Three older women were blinded shortly after undergoing a controversial stem cell replacement therapy designed to alleviate the symptoms of macular degeneration, according to the Miami Herald,. The three women, aged 72, 77, and 78 respectively, suffered varying degrees of blindness. Even after one year, the womens' vision had not returned. One was totally blind, and the others were left with 20/200 vision. The medical malpractice attorneys at Montlick & Associates, Attorneys at Law want their clients in the Southeastern portion of the U.S. to be leery of controversial, unproven, and risky medical procedures.

Deadly I-95 Accident Proves That Speed And Alcohol Are A Lethal Combination

March 24, 2017

Recently, a 39-year-old Rhode Island man was killed instantly in a motor vehicle crash on Interstate 95 in southeastern Massachusetts. The victim was a passenger in a cab and riding in the back seat when the driver of the other vehicle slammed into the rear of the taxi. Both drivers were not seriously injured. The crash happened around 1 a.m. on Saturday, March 18, 2017. Massachusetts State Police arrested and charged the other driver with criminal offenses relating to the incident. This tragic case is a stark reminder how dangerous drunk driving can be. We at Montlick & Associates, Attorneys at Law are advocate for people injured and the families of those killed by drunk drivers.

Atlanta Auto Accident Attorney Asks: What Can You Learn About Safe Driving From UPS?

March 23, 2017

UPS employs 102,000 drivers nationwide and 2,195 full-time drivers in Georgia, according to a recent Atlanta Journal-Constitution article. Among those drivers, 9,000 have gone 25 years or longer without an avoidable auto accident. One driver has worked for 54 years without a preventable auto accident, while another has driven 42 years without being involved in an avoidable collision. Given all of the miles logged annually by UPS drivers, driving so far for so long is a remarkable feat. UPS' safety record is something from which every driver in Georgia can learn.

One Child Killed, One Maimed While Walking To Bus Stop By Vicious Dogs

March 23, 2017

The Atlanta Journal-Constitution reported recently that one child was killed and another severely wounded by two dogs that had broken free from their owner. The child who tragically succumbed to his injuries was only six years old and the girl who suffered grievous head and facial injuries is five years old. Moreover, the attacking dogs were mixed breed pit-bulls. Georgia dog bite law is a complex area of the law, one that requires the help of skilled and knowledgeable attorneys to represent the victims of dog bites.

Recent Deaths Underscore The Potential Dangers Of Cosmetic Surgery

March 22, 2017

A 25-year-old woman from Kansas City, MO died at a Miami-Dade cosmetic surgery clinic within the last week according to the Miami Herald. The woman traveled to the clinic to have a procedure known as the "Brazilian Butt Lift" performed on her. This woman is the second in a month to perish from complications due to cosmetic surgery in Miami-Dade County. She is also the second woman in a year to die after seeking cosmetic treatment at this particular treatment facility. While every surgery presents some risks, the Southeastern U.S. medical malpractice attorneys at Montlick & Associates, Attorneys at Law advise their clients to thoroughly research the physician, the clinic, and the potential complications that could arise from cosmetic surgery.

Strict Liability for Personal Injuries

March 22, 2017

In most personal injury cases, if an individual is injured and wants to recover damages from someone they believe is responsible for their injuries, they will have to show that the responsible party was negligent. Proving negligence will require that the person owed the injured person a duty to behave reasonably under the circumstances and that the injury suffered was caused by a breach of that duty. There are certain circumstances, though, where someone might be held responsible for another person's injury, even if they did not act in a way that would be considered negligent or where their actions would otherwise not lead to fault. These circumstances fall under the area of "strict liability." 

Atlanta Personal Injury Attorneys Discuss Medical Malpractice And Childbirth

March 21, 2017

The birth of a child can be a wonderful, exciting, and highly anticipated event in a person's life. The anticipation of the new arrival skyrockets as baby's due date approaches. Families conspire to shower the expectant mother with gifts designed to ease the financial burden of the newest addition. The parents eagerly await the child's arrival by assembling the gifts, making accommodations, and preparing for the big day. Usually, everything goes according to plan.

Scenarios That Could Impact Your Ability to Recover Damages After a Car Accident

March 21, 2017

Driving is a normal part of modern life. It is something many of us do most days or every day. It is also common to be a passenger in the car of a friend, family member or colleague. But what happens if you are a passenger in a car and get into an accident? If you are injured, who is responsible for your damages? In the vast majority of cases, passengers are clearly not responsible for an accident that they were injured in. Most of the time, the driver of the car you are riding in, or the driver of another car will be found negligent, and therefore liable to you for your injuries. Sometimes, however, despite the fact that the passenger clearly had no part in the cause of the accident, he or she will still be caught up in the dispute over liability as the drivers argue over who bears the bulk of the responsibility for the collision. And in some rare situations, passengers might not be totally off the hook for liability either.

 

Georgia Car Accident Questions

March 21, 2017

Every year in the United States, millions of people are injured in car accidents. Many accidents also occur with no injuries, but significant property damage. With the great frequency of which car accidents take place, it is important to know a bit about what you should do if you find yourself in one.

Holding Employers Accountable for their Employees’ Actions: Respondeat Superior

March 20, 2017

Imagine you are driving down the road, and you are suddenly rear ended by a large van. Your car is a wreck, and you suffered serious whiplash and a broken nose as a result of the collision. The accident clearly was not your fault.  But who is responsible for the damage to your car, your medical bills, and your pain and suffering? The obvious answer would be that the driver of the van is responsible. If that van was painted with the logo of a national corporation, would that make any difference? In many cases, it would.

Georgia Spinal Cord Injury Attorneys Discuss Rehabilitation From Spinal Cord Injury

March 19, 2017

Spinal Cord Injuries Are Life-Altering Events For The Victims And Their Families

Atlanta's Shepherd Center is a rehabilitation facility reknown for its treatment of people suffering from spinal cord injuries and traumatic brain injury. According to the Shepherd Center's latest research, 38% of all spinal injuries may be attributed to motor vehicle accidents. Falls cause an additional 30.5% of spinal cord injuries. Meanwhile, violent acts cause 13% of spinal cord injuries, and sports injuries contribute to them 9% of the time. Interestingly, medical and surgical complications cause 5% of all spinal cord injury. The remaining 4% is left to unattributed causes.

Why Medical Malpractice Cases Can Be So Complicated in Georgia

March 19, 2017

Medical malpractice cases in Georgia are very complex legal matters. The complexity stems from the rigorous requirements of Georgia law to state a claim for medical malpractice. A discussion about the level of complexity underscores the reason why people who were injured or sickened by medical malpractice or families of loved ones who died as a result of medical malpractice need the right lawyers on their side, fighting for their rights and the rights of their loved ones.

Driver Awareness and the Increasing Popularity Of Bicycling

March 18, 2017

Georgia Attorney: As Popularity Of Bicycling Increases So Must Driver Awareness

According to the American Automobile Association (AAA), the number of people using bicycles to commute to work has risen significantly since 2000. The last United States census confirms that trend as well. As community consciousness grows about air pollution, noise pollution, and traffic congestion, many people are taking to the roads on bicycles. The League of America Bicyclists ranks Georiga right in the middle of the nation in terms of how bicycle-friendly the state may be. Georgia ranks 25th in the nation with nine bicycle-friendly communities, 15 bicycle-friendly businesses, and five bicycle-friendly colleges.

The Georgia legislature recognized the need to improve bicycle safety. Accordingly, the legislature commenced a campaign to increase bicycle safety in the state. The legislature designed the campaign to alert motorists of their responsibility when driving near bicycles as well as bicyclists' obligations when riding on a public street. The following is a list of tips and recommendations to remember when driving near cyclists:

  • A bicycle is to be treated like a motor vehicle under Georgia law. The bicyclist enjoys the same rights to the road as a motor vehicle. Additionally, bicyclists must abide by the same rules of the road as motorists. Therefore, bicyclists must stop at stop signs, signal when turning, and ride on the right side of the road, in addition to following the other rules of the road.
  • Unless the rider is 12 years or younger, they are not permitted to ride on a sidewalk. Even when the road is narrow and provides some difficulty passing a cyclist, the rider must ride on the road surface.
  • To further protect bicycle riders, Georgia passed a law mandating that the operator of a motor vehicle leave three (3) feet between the vehicle and cyclist when passing. The legislature recognized that passing too closely to a rider can cause the rider to crash, leading to serious personal injuries or death.
  • Bicycle riders in bike lanes enjoy the same privileges and rights of way as pedestrians. Drivers must yield to riders in those lanes and may never park in a bike lane. Moreover, a bike lane should never be used to pass another motor vehicle.
  • Drivers must recognize that they must be careful when turning. Bicyclists have the right of way and must be allowed to proceed before turning the car. The Georgia legislature attributes failing to yield while turning to be the primary cause of bicycle crashes in the state. It also cautions motorists to make sure to look to the right when turning right to be certain an intersection is free from approaching bikes. The legislature also recommends waiting before turning left in front of an oncoming cyclist.
  • Drivers are reminded to look for cyclists, especially in low-light conditions. Bicyclists should don reflective clothing and use an attention attracting device such a headlamp or strobe-light designed for cycling.

What Should You Do If You Or A Loved One Was Injured In A Bicycle Accident With A Motorist?

Notify law enforcement of the collision and seek medical attention. It is better to be safe than sorry. A low-speed collision can also cause injuries, especially if the rider fell off the bike, even if wearing a helmet. Law enforcement officers will collect the driver's information, such as name, residential address, and insurance carrier information.

Put Our Law Firm's Over 33 Years Of Legal Experience To Work For Your Case!

Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED

Sources:
https://georgiabikes.org/images/stories/docs/white_paper/fact_sheet_for_ga_drivers.pdf
http://bikeleague.org/bfa/awards
http://exchange.aaa.com/wp-content/uploads/2014/05/Share-The-Road-2014-Infographic-LG.jpg

 

New Orleans Driver's Blood Alcohol Content Was Nearly Three Times The Legal Limit

March 18, 2017

The van driver was arrested for a February 26, 2017, crash that injured 28 people during a parade was highly intoxicated. According to The Times-Picayune of Greater New Orleans, the 25-year-old driver's blood alcohol content was .232 nearly two hours after the crash. That reading is almost three times Louisiana's legal limit of .08% blood alcohol content. Law enforcement officers charged the driver with two counts of first-degree negligent vehicular injuring, reckless operation of a motor vehicle, and hit-and-run causing serious injury. The driver's case is still pending in a Louisiana court.

Georgia Attorney: As Popularity Of Bicycling Increases So Must Driver Awareness

March 17, 2017

According to the American Automobile Association (AAA), the number of people using bicycles to commute to work has risen significantly since 2000. The last United States census confirms that trend as well. As community consciousness grows about air pollution, noise pollution, and traffic congestion, many people are taking to the roads on bicycles. The League of America Bicyclists ranks Georiga right in the middle of the nation in terms of how bicycle-friendly the state may be. Georgia ranks 25th in the nation with nine bicycle-friendly communities, 15 bicycle-friendly businesses, and five bicycle-friendly colleges.

Side-impact Collisions Or T-Bone Accidents

March 17, 2017

Recently, we've unfortunately noticed a marked increase in the number of drivers who run red-lights (and stop signs). The first few seconds after a light turns red have become the new yellow. Then there is the reverse red-light runner, the one who anticipates that a red light will change to green, the one who gets a glance of the yellow light controlling the perpendicular roadway, and jumps the light change early. In both instances, speed is often a significant contributing factor.

Personal Injury Law in the Southeastern States

March 16, 2017

At Montlick & Associates we take pride in our roles as advocates for individuals who have suffered injuries as a result of the negligent or otherwise wrongful acts of others. We have decades of experience handling a wide range of personal injury claims throughout the Southeastern United States, including Alabama, Florida, Georgia, North Carolina, South Carolina, and Tennessee. Personal injury law encompasses a vast array of legal scenarios. You may have heard of the word "tort." A tort occurs when someone's act or failure to act causes an injury to someone else in a way that is considered a civil wrong, and this is the legal term that describes personal injury cases. Tort cases are not criminal cases, although at times the same actions can result in potential criminal and civil liability for the defendant.

4-Car Crash Causes One Death In Cherokee County, Georgia

March 16, 2017

Law enforcement officers in Cherokee County started an investigation into a fatal crash that occurred Friday, March 10, 2017, around 7:30 p.m, according to the Atlanta Journal Constitution. The Cherokee County Sheriff's Officers said that the accident happened on Hickory Flat Highway. While one person succumbed to injuries suffered in the crash, four others were uninjured in the crash. Another person went to WellStar North Fulton Hospital for treatment.

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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.