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.


Tailgating Is an Extremely Dangerous Driving Practice

September 25, 2016

Atlanta Car Accident Lawyer Warns That Tailgating Is an Extremely Dangerous Driving Practice

While failing to allow a proper following distance constitutes an especially dangerous violation of traffic safety laws, the practice remains common. Motorists who tailgate cause a substantial number of serious accidents resulting in severe injuries and fatalities. While most motorists are familiar with the three-second rule, which involves allowing a buffer of at least three seconds between your car and the vehicle in front of you, it is a general rule that does not apply to all situations. If you are traveling at a high rate of speed or driving in adverse weather or traffic conditions, many vehicle safety experts would advise an even wider following distance. 

The Impact of Illicit Drug Use on Traffic Safety

September 24, 2016

Georgia Auto Accident Attorneys Analyze the Impact of Illicit Drug Use on Traffic Safety

While many people in Georgia and across the U.S. are aware of the danger associated with drunk driving, but fewer drivers might recognize the extent of the risk posed by drivers impaired by narcotics. Ten million people across the country admit to driving while under the influence of illicit drugs, according to the 2014 National Survey on Drug Use and Health (NSDUH). There are many types of illegal narcotics that impair drivers, including methamphetamine, ecstasy, heroin, marijuana, cocaine, LSD, opium, oxycodone, PCP, and more.

New Study Indicates a Rise in New Forms of Distracted Driving

September 23, 2016

Atlanta Personal Injury Attorneys Discuss New Study Indicating a Rise in New Forms of Distracted Driving: Selfies and Social Media Activity

While distracted driving has always been a significant cause of car accidents that result in serious injury, cell phones have magnified the danger because so many people own mobile phones with an expanding array of "apps." Although the majority of drivers are aware that texting on a cell phone is one of the most dangerous forms of distracted driving, people continue to discover new risky practices that endanger those with whom they share the roadways. A study conducted by AT&T reveals that cell phone distractions go far beyond texting and driving.

Potential Benefits Offered by the Textalyzer

September 22, 2016

Atlanta Distracted Driving Accident Lawyers Discuss the Potential Benefits Offered by the "Textalyzer"

Although DUI/DWI constitute a significant cause of traffic-related fatalities, a high probability exists of holding drivers that engage in this unsafe practice accountable. In many states, drivers can be compelled to submit to a blood test if they are involved in a car accident that causes injury to another individual. Since chemical testing is administered at the time of the crash, evidence is preserved of the motorist's blood alcohol concentration (BAC), which can be used to impose criminal and civil liability. This system provides a deterrent to drunk driving while facilitating the preservation of evidence drunk driving victims need to prove liability. However, a similar process for preserving evidence does not currently exist for at-fault drivers who cause injury accidents that are suspected of texting and driving. In this blog, our Atlanta distracted driving accident lawyers consider pending legislation and new technology that could fill this void.

Legislators Consider "Implied Consent" Law for the Textalyzer

Bipartisan legislation pending in New York would authorize police officers to use a new device referred to as a "Textalyzer" to determine if a driver suspected of distracted driving was using a cell phone. Like implied consent laws involving alcohol, the driver's license of a motorist suspected of using a cell phone can be suspended for refusing to allow his or her phone to be scanned. While refusal to permit a search of the motorist's cell phone would not carry criminal penalties, an administrative driver's license suspension would be imposed by the Department of Motor Vehicles.

Why Textalyzer Technology Is Need to Combat Cell Phone-Related Driving Distractions

The benefits for victims of drivers distracted by mobile phones is illustrated by the ordeal suffered by Ben Lieberman. His son died in an auto collision caused by the driver of the vehicle in which his son was traveling about five years ago according to the account reported by CNN. Lieberman's son was buckled up in the backseat when the collision occurred. The driver of the vehicle claimed he fell asleep at the wheel. Lieberman believed the driver was distracted by his cell phone at the time of the crash. The distraught dad was unable to obtain the driver's mobile phone records after the fatal crash despite months of trying. However, Lieberman had learned that the driver was texting minutes before the collision and throughout the drive. Nonetheless, the police never checked the driver's cell phone in the wake of the collision. Lieberman eventually obtained the cell phone records through a subpoena. He discovered the phone was left unchecked in the wrecked vehicle at a junkyard for weeks after the crash.

Lieberman initially suspected the police investigation was sloppy, preventing any criminal charges from being brought against the driver. However, the dad soon discovered there was no protocol for this situation. While the police can request a driver submit to a breathalyzer test after running a red light and slamming into another vehicle, there is no comparable mechanism for obtaining evidence of cell phone use following a crash. Officers are forced to rely on witness accounts and to subpoena phone records. The process of obtaining phone records is both time consuming and costly. Further, the records will provide evidence of talking or texting but not of web surfing, watching movies, using social media sites, or playing Pokemon Go.

The Textalyzer Is Designed to Protect Privacy of Information Stored in Cell Phones

Many people might wonder about the constitutionality of using a Textalyzer, as well as privacy concerns. However, a mobile forensics company called Cellebrite might have found a way around these concerns. Cellebrite began developing this technology after Lieberman approached the company and requested they create a device that balanced the need to identify cell phone use without invading privacy by disclosing other information. The Textalyzer would scan a cell phone to determine the timing and frequency of keystrokes without providing any other information about the activities of a driver or the content of any communications.

Given that driving while distracted by a cell phone has been called the new drunk driving, this technology and New York's legislative proposal could provide an example for other states. While it is too early to determine whether Georgia will take a similar approach in adopting an implied consent law for use of the Textalyzer, this approach might reduce distracted driving crashes and facilitate the preservation of evidence for plaintiffs in personal injury and wrongful death lawsuits.

Put Our Law Firm's Over 32 Years of Experience to Work For You!

If you or a loved one is injured in a motor vehicle accident caused by a driver using a cell phone, our Atlanta distracted driving accident lawyers work diligently in pursuit of the fullest recovery for our clients within the bounds of the law. Our law firm has been representing those who suffer serious injuries throughout Georgia and in the Southeast for over thirty-two 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, the attorneys of Montlick and Associates, Attorneys at Law, 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online 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
Hours: Open Today · Open 24 hours

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Related Pages: Columbus Car Accident LawyersAugusta GA Car accident lawyersCar Accident Lawyers in GeorgiaCar Accident Lawyers in AtlantaCar Accident Lawyers in AthensAlbany Car Accident Lawyers.

 

Factors Contributing to the Increased Risks of Serious Injury for Motorcyclists

September 21, 2016

Our Motorcycle Accident Lawyers Discuss Factors Contributing to the Increased Risks of Serious Injury for Motorcyclists

All motor vehicle accidents involve certain common legal and factual issues, but the unique nature of motorcycles means that riders who are involved in a collision often must overcome special challenges. In short, vehicle collision claims are not all created equal. In this blog article, our motorcycle accident lawyers provide an overview of the unique factors that contribute to motorcycle crashes and devastating riding injuries.

Will the Era of Autonomous Vehicles Will Impact Car Accident Lawsuits?

September 20, 2016

Atlanta Auto Accident Injury Lawyers Consider Whether the Era of Autonomous Vehicles Will Impact Car Accident Lawsuits

Although the prospect of cars that do not need drivers was once limited to science fiction movies and the Jetsons, vehicles that have the capacity to take over more tasks from motorists are already on the market. The 2017 E-Class Sedan introduced by Mercedes-Benz at the 2016 North American International Auto Show, for example, boasts a broad range of autonomous driving features that allow the vehicle to travel significant distances without driver intervention. Although these self-driving vehicles have been promoted as a significant leap forward in roadway safety, this new technology raises questions about the future of auto collision claims. In this blog article, our Atlanta auto accident lawyers consider the impact of autonomous vehicles on car accident claims.

Repetitive Stress Injuries and Georgia Worker’s Compensation

September 19, 2016

Georgia Workers' Compensation Lawyers Discuss Repetitive Stress Injuries

Georgia employees might recognize that they have a right to pursue a workers' compensation claim for medical care and partial wage replacement when they suffer an on-the-job injury. While the process might seem straightforward, there are many procedural, evidentiary, and substantive complications that can disrupt, compromise, or completely derail a claim. While most people think of workplace injuries as involving the consequences of a sudden mishap such as a motor vehicle collision, fall from a scaffolding, or malfunction of heavy equipment, many job-related injuries are not so immediate and clear. When a person suffers a broken arm in a fall, the cause of injury and the adverse health impacts frequently are fairly apparent. However, injuries that occur over a protracted period pose a more significant challenge when pursuing a workers' compensation claim.

The Myth of Extensive Worker's Compensation Fraud by Claimants

September 18, 2016

Georgia Worker's Compensation Lawyers Examine The Myth of Extensive Worker's Compensation Fraud by Claimants

The insurance industry, employers, and others with a vested interest in discouraging workers' compensation claims and reducing the amount of payouts have perpetrated the widespread myth that the system is inundated with fraudulent claims. This myth is based on isolated anecdotal incidents with little effort to identify the actual scope of the issue. Although there are isolated cases of employees faking or exaggerating injuries, as well as other examples of illegitimate claims, experts generally recognize that the amount of fraud by claimants is infinitesimal. The rate of workers' compensation fraud involving employees is considered to be about one percent or less. Ironically, workers' compensation fraud committed by employers is far more extensive but almost never discussed in the media. In this blog article, our Atlanta workers' compensation lawyers generally discuss the existence of employer fraud and provide common examples.

Georgia Theme Park Safety Given Recent Fatal Waterpark Accident

September 17, 2016

Georgia Personal Injury Lawyers Discuss Theme Park Safety Given Recent Fatal Waterpark Accident

Families flow into Wild Adventures, Six Flags Over Georgia, Adventure Crossing, Fun Junction USA, and other Georgia theme parks and water parks every day. Although a sense of apprehension might be in the back of the minds of guests contemplating flying down a waterslide at breakneck speeds or the G-Force of a terrifying rollercoaster, most guests probably assume that the park attractions and premises are safe.

Sensing and Diagnostic Control Module Could Keep GM Air Bags from Deploying

September 16, 2016

Atlanta Personal Injury Attorneys Report GM Recalling 4.3 Million Vehicles Because of Defective Air Bag Software

Air bag recalls have dominated the news in recent times because of faulty inflators that spew shrapnel at vehicle occupants, but a new air bag recall has just been announced related to an unconnected issue. General Motors (GM) has announced a recall of four million vehicles because of problems with the software that controls the air bags. The defect has been linked to a fatality and three injuries according to a USA Today report.

GM Indicates Faulty Sensing and Diagnostic Control Module Could Keep Air Bags from Deploying

According to the report, the sensing and diagnostic module might switch into test mode. The module is a tiny computer that monitors the vehicle and control deployment of the air bag. When the module is in in test mode, it does not activate the air bag during a crash, and the seat belts do not function properly. GM was apparently made aware of the problem in May when a 2014 Chevrolet Silverado failed to have the air bags deploy during a crash. Both GM and Delphi, the manufacturer of the module, tested the computer system and decided to recall the module based on results of the testing. The recall covers a significant number of vehicles, but the automaker has indicated the problem involves updating software rather than mechanical repairs.

Negligent Selection and Hiring of Drivers as a Basis for Tractor-Trailer Liability

September 15, 2016

Atlanta Trucking Accident Attorneys Discuss Negligent Selection and Hiring of Drivers as a Basis for Tractor-Trailer Liability

When motorists are involved in a multi-vehicle collision, there is always a risk of severe injury or wrongful death. If one of the vehicles weighs 25 times more than the other vehicle, the consequences can be even more serious for occupants of the smaller vehicle. Given the high risk of catastrophic injury associated with tractor-trailer crashes, injury victims should be aware of the theories that make trucking companies liable for collisions caused by the negligence of truck drivers. Commercial carriers receive legal advice from insurance carriers and attorneys regarding ways to shield themselves from liability for injuries caused by commercial drivers.

Car Accident Injury Claims Brought by Vehicle Passengers

September 14, 2016

Auto Collision Lawyers Analyze Car Accident Injury Claims Brought by Vehicle Passengers

If you are injured while you are a passenger in a motor vehicle, you generally face fewer obstacles when seeking financial compensation for your injuries. While a driver who is injured in a collision must prove the fault of the other driver or a third-party, passengers can expect that one of the drivers will be liable in most situations. The fundamental aspects of a negligence claim that a passenger must establish usually include liability (fault), causation, and damages.

New Study Suggests Efforts to Make Highways Safer Falling Short

September 13, 2016

Traffic safety regulators, legislators, and law enforcement officials have implemented a diverse range of strategies to improve highway safety in recent years. Unfortunately, a new report from the Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) suggests that there is considerably more work needed to make U.S. highways safe. The number of U.S. highway fatalities jumped to 35,092 during 2015, which is the highest level of highway fatalities since 1966 according to the NHTSA. It was 7.2 percent increase from the previous year, according to the federal agency. While a rise in miles traveled accounted for some of the increase, the number of miles traveled only rose 3.5 percent. In this blog, our Atlanta wrongful death lawyers at Montlick & Associates examine the results of this new report and potential implications for roadway users.

DUI Sobriety Checkpoints as a Strategy to Protect Serious Car Accidents

September 12, 2016

Georgia DUI Accident Injury Lawyers Evaluate DUI Sobriety Checkpoints as a Strategy to Protect Serious Car Accidents

Those who drive under the influence of alcohol continue to account for an unacceptable number of serious accidents that result in injuries and fatalities involving law-abiding drivers. Nationally, 1.5 million people will be arrested for driving under the influence of alcohol in a typical year according to the National Highway Traffic Safety Administration (NHTSA). Drunk drivers also account for about a third of all traffic-related fatalities.

Defective and Missing Airbags Can Cause Life-Altering Injuries and Wrongful Deaths

September 11, 2016

Our Compassionate Personal Injury Lawyers Warn Drivers That Defective and Missing Airbags Can Cause Life-Altering Injuries and Wrongful Deaths

Most airbags operate effectively and safely. Airbags saved approximately 25,782 lives between 1987 and 2008 according to the National Highway Traffic Safety Administration (NHTSA). However, the NHTSA also notes that malfunctioning airbags have accounted for the deaths of 284 people, including 180 children between 1990 and 2007.

Cranes Pose a Serious Risk of Causing Fatal Construction Accidents

September 10, 2016

Georgia Construction Accident Lawyers Warn That Cranes Pose a Serious Risk of Causing Fatal Construction Accidents

Cranes are a fundamental piece of heavy machinery used in the construction industry. While mobile cranes constitute an essential form of equipment on many building projects, they also are a leading cause of serious injury and wrongful death in construction accidents. Data from the Occupational Health and Safety Administration (OSHA) covering a ten year period indicates that crane accidents accounted for eight percent of construction site fatalities.

Frequently Asked Questions about Georgia Workers' Compensation Claims

September 09, 2016

If you suffer a workplace injury, the experience can be stressful and debilitating. Many people are aware that the Georgia worker's compensation system provides benefits for on-the-job injuries, but they are unclear about how the program works. Anxiety associated with these unanswered questions can mount while you are missing work. Your mortgage, utilities, and other expenses do not disappear because you are suffering from a job-related disability. The process of dealing with a workplace injury can be less daunting if you understand your legal rights and the worker's compensation system. In this article post, our Atlanta worker's compensation lawyers answer frequently asked questions about what "no-fault" means in the context of a worker's compensation claim.

The Risk Confined Space Accidents To Georgia Workers

September 08, 2016

Construction projects are chaotic worksites with many different types of equipment, business entities, and dangerous hazards. There are dozens of unsafe conditions that can result in serious injury or even wrongful death on a construction site. Confined spaces constitute one of the most dangerous types of construction worksite hazards. Confined space accidents on a construction site often cause permanent life-altering injuries resulting from electrocution, exposure to toxic substances, explosions, and other potentially dangerous hazards. In this article, our workers' compensation and injury lawyers provide important information workers in the construction trades should know about confined space accidents.

Your Child’s Booster Seat Could Be Less Safe in a Car Accident Than You Realize

September 07, 2016

Every day in Atlanta and the surrounding areas of Georgia, parents buckle their children into booster seats and leave home expecting that the safety device will keep their child safe in the event of a serious collision. While it goes without saying that child safety seats are invaluable pieces of protective equipment, a study suggests that many children are not nearly as safe in a booster seat as their parents might expect in the event of a car accident. According to a study conducted by the Insurance Institute for Highway Safety (IIHS), half of all car booster seats do not provide a proper fit with seatbelts. In this blog post, our Atlanta personal injury lawyers review this research regarding the issue of an improper fit between vehicles and this important type of safety equipment.

Benefits of ABS Systems in Preventing Fatal Motorcycle Accidents

September 06, 2016

Anyone who uses a motorcycle to commute to work or for recreational riding faces an increased risk of being involved in a serious motor vehicle accident and suffering severe injuries when an accident occurs. While the inherent dangers associated with motorcycles, including handling limitations, stability issues, and lack of protection, are well-documented, many motorcycle enthusiasts do not realize the advantages associated with bikes equipped with antilock brakes. According to a publication released by the Insurance Institute for Highway Safety (IIHS), antilock brake systems (ABS) substantially reduce the risk of being involved in a motorcycle accident. In this blog, our Atlanta personal injury attorneys examine the results of this report.

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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.