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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Indoor Rock Climbing in Georgia and Signing Liability Waivers

January 18, 2017

Indoor rock climbing has become a growing sport for children and adults alike all over the country. Little if any experience is required, and indoor rock climbing is often an enjoyable group activity for birthday parties and other celebrations. While indoor rock climbing can certainly be fun, it can also be very dangerous, especially for younger children. So, what happens if someone suffers injuries while indoor rock climbing?

Black Ice - One of the most treacherous of winter driving conditions

January 17, 2017

Seldom do Atlanta drivers pay attention to national winter weather forecasts about an approaching Polar Vortex, a powerful cold front that surges down from the artic once or twice a winter, bringing a sudden, bone-chilling blast of frigid air to the Upper Midwest, Northeast, and occasionally, the mid-Atlantic. But they should. If a Polar Vortex is strong enough to reach Atlanta, it can generate the most treacherous of all driving conditions, black ice. Some of the worst multi-vehicle crashes--often involving one or more fatalities--result from a surprise encounter with black ice.

Pedestrians and Drivers May be Held Responsible in Motor Vehicle/Pedestrian Accidents.

January 16, 2017

Whenever a pedestrian is struck by a motor vehicle, the results are often tragically fatal. Take, for example, the recent incident that happened in Jonesboro at GA 138 and Devonshire Drive, near Swint Elementary School. According to initial newspaper reports, an unidentified individual was struck by two different vehicles and ultimately killed as a result of the accident. Clayton County officials have not completed their investigation, and as such, the details of the incident are not yet available. While we do not know the age or identity of the victim or what the victim may have been wearing, we do know that the person was struck before dawn while crossing GA 138 outside of any crosswalk and not at a traffic signal. Given the time and location of the incident, the victim may have been a parent, schoolchild, or teacher heading for the nearby elementary school. Regardless, this accident is tragic, and ultimately could have been prevented. 

Lawmakers Push for Georgia to Go 'Hands-Free'

January 15, 2017

Could Hands-Free Laws Save Lives in Georgia?

Distracted driving is a tremendous national problem, killing an estimated 3,000 people each year. Distracted driving can encompass any activity that pulls the driver's attention from the road ahead. The main types of distraction include texting, talking on the phone, eating or drinking, grooming, adjusting the radio, using the GPS, and more. Instances of distracted driving continue to plague the nation, despite laws in place in most states banning texting and driving, and aggressive anti-distraction public awareness campaigns.

Apple Sued After Facetime Causes Fatal Car Accident

January 14, 2017

A case recently filed in California seeks to hold Apple accountable for a fatal car accident that happened in Texas. The facts of the accident are as follows: A husband and wife were traveling with their two children on Interstate 35W. All were secured with seat belts and the youngest child was in a booster seat. James was driving when traffic slowed down. Simultaneously, Garrett Wilhelm was traveling on the same stretch of road behind the Modisette family. As traffic slowed, Wilhelm failed to also do so because, it is alleged, he was using FaceTime on his iPhone 6 Plus. Wilhelm was distracted by the app and hit the Modisette's while driving at 65 miles per hour. All members of the Modisette family were seriously injured in the accident, and the youngest child tragically died in the crash.

Atlanta Woman Dies in Gun Range Accident

January 13, 2017

A 24-year-old Gwinnett County woman was recently killed at a gun range in South Carolina. The young woman was visiting friends and family for the holidays when she and another friend decided to make a trip to a gun range in Anderson. Out of nowhere, a bullet from someone's gun hit the Georgia woman in the head. She was on life support for several days, but ultimately did not survive the accident. Now, authorities, friends, and family members are struggling to make sense of the tragic accident. It remains unclear who fired the fatal shot and why it strayed.

Your Self-Driving Car May Kill You

January 12, 2017

Artificial Intelligence in Vehicles May Decide Your Life Does Not Matter

Autonomous vehicles are being heralded as the next great innovation in automotive technology, but is this technology ready to make the profound ethical decisions that human drivers make on a regular basis? Ethicists and scientists alike are now suggesting that unless specific algorithms exist telling an autonomous vehicle how to weigh the facts and circumstances in an ethically-challenging situation, an automated vehicle may be your salvation – or the instrument of your death – in the event of a crash.

Coming Soon to a Car Near You: Alcohol Detection Equipment

January 11, 2017

NHTSA Desires All Cars to Be Equipped with Alcohol Detection Equipment

Drivers convicted of driving under the influence of alcohol and/or other driving-and-alcohol-related offenses may be court-ordered to only operate personal vehicles that are equipped with ignition-interlock devices. These devices operate by requiring the driver of a vehicle to provide a breath sample before the device will allow the car's ignition system to start the vehicle. In addition, some devices require the driver to provide periodic breath samples while the vehicle is in motion to ensure the driver did not consume any alcohol after starting the vehicle. These devices are regarded as effective tools in decreasing the incidence rate of repeat drunk driving events. The National Highway Traffic Safety Administration (NHTSA) is now pushing for a similar device to be standard equipment on all new cars.

Disturbing Study Establishes Road Rage is Dangerous

January 10, 2017

Disturbing Study Establishes Road Rage is Dangerous

During the busy post-holiday season, to-do lists are long and tempers are short. This creates the perfect conditions for road rage to develop. Whether you find the antics of aggressive drivers amusing or intimidating, statistics from the National Highway Traffic Safety Administration and the Auto Vantage club (compiled by SafeMotorist.com) clearly demonstrate that road rage is dangerous and can be deadly:

Balancing Independence and Motor Vehicle Safety for Elderly Drivers

January 09, 2017

The balance between maintaining independence and safety as motorists grow older is never easy. The ability to drive is often critical to a senior citizen's sense of living independently. However, sometimes seniors experience declines in their sensory perception, including poor eyesight and loss of hearing. Seniors may also experience age-related medical conditions that impact their cognitive abilities like Alzheimer's disease or dementia. Although driving ability is very important for many seniors, the question is how to protect both seniors and others on the road while allowing seniors the maximum amount of independence that is safe.

Distracted Commercial Truck Drivers in Georgia Still Pose Serious Danger

January 08, 2017

The Department of Transportation (DOT) has enacted a series of measures to deter commercial truck drivers from multi-tasking while operating a commercial truck. Despite several mobile phone bans involving commercial drivers, distracted driving in other forms continues to be a serious problem. Most commercial drivers are law-abiding, safe drivers, but some struggling with the tediousness of the road may engage in inattentive behavior such as reading, adjusting the stereo and other activities to fight off the monotony of many consecutive hours on the road.

Traffic Congestion in Atlanta Does Not Mean More Fatal Collisions

January 07, 2017

Many Georgia drivers assume that they are at a greater risk of being involved in a fatal accident when driving in heavy populated areas like downtown Atlanta. This assumption is fairly reasonable because it is based on the theory that less traffic congestion and smoother traffic flow should mean fewer collisions and, consequently, fewer traffic-related fatalities.

Understanding the Forces that Cause Georgia SUV Rollover Accidents

January 06, 2017

There is always a risk of suffering life-altering injuries or the loss of a loved one in a motor vehicle collision, but rollover accidents pose unique risks. When a vehicle rolls over in a collision, occupants may suffer roof crush injuries or vehicle ejections. These types of motor vehicle accident scenarios involve a significant risk of head injuries, spinal cord injuries, damage to vital organs and even fatalities. Although many fatal rollover accidents in Georgia are caused by driver errors, litigation of these types of accident claims can be complicated because other causes may also be relevant.

Do Motorcycle Helmets Really Make a Difference in a Georgia Motorcycle Accident?

January 05, 2017

There has been a recent trend to repeal or modify mandatory helmet laws for those who ride motorcycles over the course of the last decade. The justifications for this trend are varied ranging from concerns about individual autonomy and personal choice to theories that motorcycle helmets may increase the likelihood or severity of a motorcycle accident. The statistical evidence in states that have eliminated mandatory helmet laws for motorcycle riders suggests that mandatory helmet laws do save lives.

Atlanta Distracted Driving Frequently Asked Questions

January 04, 2017

Despite efforts of federal and state motor vehicle safety agencies to enact legislation and invest substantial public resources intended to discourage distracted driving. Many drivers continue to multi-task and place others in harm's way. While cell phones pose a common form of distraction while driving, the issue of drivers with divided attention has long been a significant cause of serious injuries and fatalities in collisions. When drivers divert their eyes, mind and hands from operating a motor vehicle, the consequences can be horrific accidents resulting in painful debilitating injuries or even tragic death.

What types of activity while driving causes collisions?

January 03, 2017

Inattentive drivers pose a danger to other drivers, passengers, motorcyclists, bicyclists and pedestrians akin to the risk posed by alcohol impaired drivers. Federal motor vehicle safety regulators refer to distracted driving as the "new DUI." While most motorists acknowledge that driving while intoxicated is an unacceptable and risky practice, fewer drivers have the same negative attitudes toward distracted driving that they have toward DUI. Because inattentive drivers have a devastating impact, we have provided additional answers to common questions about distracted driving:

Subrogation in the Context of a Georgia Auto Accident

January 02, 2017

If you are involved in a car accident, you will likely hear the term "subrogation" mentioned by medical providers, insurance companies, or attorneys. While subrogation issues can be extremely complex, the term means that one party stands in the place of another. This principle is important when pursuing a lawsuit or insurance claim following a collision because the right to pursue a legal claim belongs to the party who suffered property damage, bodily injury, or other forms of loss. The principle of subrogation permits third-parties to assert a legal claim in the place of the injured party under certain circumstances.

Liability Claims for Defective Motorcycle Parts

January 01, 2017

Of course many motorcycle accidents are the result of reckless behavior or negligence, whether on the part of the motorcyclist or the driver of the automobile, but other accidents are caused by defective motorcycle equipment. Because a motorcycle is made up of many complex parts and pieces which work together to ensure your safety, if even one of these pieces is designed improperly, the entire motorcycle can fail.

Most Common Accidents in the Workplace

December 31, 2016

The most recent numbers show that in 2009 there were 3,277,700 recordable, non-fatal accidents in private industry workplaces. Of those, nearly 52 percent involved sprains and strains, most often involving the back, and nearly a million of these injuries caused significant time away from work. If you add bruises, contusions, cuts, lacerations and fractures to the list, you have accounted for almost two-thirds of the accidents which lead to days away from work.

Financial Compensation for Car Accidents Caused by Drivers Taking Prescription Drugs

December 30, 2016

While most drivers in Atlanta and throughout Georgia are aware of the potential danger posed by drivers who are operating a semi-truck, car or SUV while under the influence of an illegal narcotic or alcohol, many do not give a second thought to driving after taking a prescription medication or over-the-counter drug. However, there are many legal drugs that can impede one's ability to drive just like an illegal drug or alcohol. When a driver causes an accident because the driver is drowsy after taking a sleep aid or antihistamine, the driver may face both criminal and civil liability.

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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.