Acworth Personal Injury Attorneys


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.

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.


Atlanta Georgia Personal Injury Lawyer

When a person suffers serious injury or the loss of a loved one, it is essential to consult a Atlanta Georgia personal injury lawyer promptly because pursuing a personal injury claim is time sensitive. There are many issues that must be dealt with promptly, including obtaining medical diagnosis and treatment, preserving key evidence, securing the identity of witnesses, and dealing with the insurance company in a way that does not compromise your Atlanta personal injury case. An experienced personal injury attorney can evaluate your legal claim, advise you of your options, and take actions to preserve your legal right to financial compensation.

Personal injuries are virtually any form of mental or physical injury caused by the wrongful actions of another. These wrongful forms of conduct may be negligent acts, such as car accidents or intentional acts like rape or physical assault. When you suffer a personal injury, it can be extremely difficult to establish a value in dollars for your injuries and resulting accident claim. There are many factors that may impact the value of your personal injury claim, such as the severity and permanence of your injuries, the amount of your medical bills, lost wages and income, future lost earning capacity, the nature of the wrongful conduct and other factors. There is no formula that a court uses to determine your damages so it is important to have an experienced Atlanta personal injury attorney who can persuasively advocate on your behalf regarding the relevant considerations in determining your damages. Our experienced Atlanta personal injury attorneys often can estimate the potential value of a client’s case based on handling many prior cases as well as researching other similar past cases.

Atlanta Auto Accidents (Motor Vehicle Collisions): When you are injured by a driver who is intoxicated, tailgating, speeding, texting or otherwise failing to comply with traffic safety laws, you may suffer permanent life-changing injuries. Insurance carriers handle thousands of claims each year so they are adept at stonewalling, refusing to pay the full value of a claim, and attempting to shift the responsibility for a car accident case to the injury victim. Whether you are involved in a car accident, truck accident (i.e. tractor-trailer accident), motorcycle accident, bicycle accident, busing accident, SUV rollover or pedestrian accident, the dedicated Atlanta motor vehicle accident attorneys at Montlick and Associates understand you may be experiencing physical and emotional hardships that make it difficult to focus on complying with legal and insurance matters. We handle these pragmatic matters so that our clients can devote their efforts and attention to a full and prompt recovery.

Atlanta Wrongful Death Actions: When your loved one is taken from you because of the negligent or intentional act of an individual, corporation or public entity, the impact can shatter a family both emotionally and financially. When a person dies because of the unreasonably careless conduct or intentional misconduct of another, it is considered a wrongful death under Georgia law. While a legal claim for damages will not bring back the companionship and affection of a lost loved one, the law provides certain closely related family members with a process to seek financial compensation that can ease the financial burden of losing a family member and provide for a families’ future financial needs. Our compassionate and dedicated Atlanta wrongful death attorneys at Montlick and Associates are committed to helping families cope with the permanent loss of a loved one by seeking financial relief and holding wrongful parties accountable for their actions.

Atlanta Dog Bite Claims (Mauling and Dog Attack Incidents): Dog attacks, particularly those involving vicious breeds of dogs, account for some of the most horrific and traumatic injuries, especially when the victim of the attack is a young child. There are four and a half million people in the U.S. that suffer dog bites annually. Two in every ten people that are bitten require some form of medical attention while tens of thousands need reconstructive surgery to repair the damage. There are multiple liability theories for holding dog owners accountable for failing to prevent others from being injured by their dog, including negligence, knowledge of prior viciousness and leash law violations. At Montlick and Associates, our experienced Atlanta dog bite lawyers understand the deep physical and emotional scars that can result from an Atlanta dog attack, and we are committed to seeking the compensation dog mauling victims need to recover.

Atlanta Dangerous Product Claims: Although most consumers that purchase products never contemplate the possibility that the product will cause serious injury once they get it home, many products are rushed to the market by manufacturers in the U.S. and overseas without adequate quality control or testing. There are many types of defective products that have caused severe injuries and even wrongful death, including motor vehicles like SUVs prone to rollover, defective drugs, medical products like defibrillators and artificial hips, and toxic substances like toys with lead paint. If you experience an injury caused by a defective product, you may have a right to seek compensation for your injuries in an Atlanta product liability claim. It is important to preserve all parts and packaging when you call our Atlanta dangerous product injury attorneys.

Atlanta Slip, Trip and Fall – Premises Liability Cases: The area of law called premises liability defines the legal duty that landowners and tenants have to those who are injured in accidents or intentional incidents on their property. The most common form of premises liability claim by far is an Atlanta slip and fall or trip and fall accident. However, there are other types of premises liability claims, including injuries from machinery, attacks resulting from negligent security, false imprisonment by overzealous security guards and other incidents resulting in physical injury on the property of another. Our experienced Atlanta slip and fall attorneys investigate and analyze critical issues, such as whether the property owner was aware or should have been aware of the hazard, measures taken by the property owner to discover hazards, and remedial actions undertaken to remove hazards caused by unsafe conditions. Our Atlanta slip and fall attorneys at Montlick and Associates understand the careful, factual inquiry and analysis that must be conducted to define the scope of the duty of a property owner to make hazards safe and to determine if the property owner complied with that legal duty.

Atlanta Workers' Compensation for Job-Related Injuries: Our dedicated Atlanta workers' compensation attorneys have been pursuing compensation for injured employees since our law firm was founded in 1984. Whether you were injured in a workplace accident or a family member has suffered an occupational illness, we are committed to guiding clients through the workers' compensation process. We work diligently to obtain the benefits our clients are entitled to so that they can recover and maintain a comfortable life. At Montlick and Associates, we recognize that each workplace accident is unique so we listen to our clients and develop an appropriate legal strategy to obtain the compensation they need. We handle all types of Atlanta on-the-job injuries and occupational illnesses, including: construction accidents, repetitive motion injuries, asbestos exposure, mesothelioma, toxic exposure, occupational diseases and other job-related injuries or occupational illnesses. We may also file a personal injury claim to seek more extensive damages depending on the facts of your case.

Atlanta Nursing Home Abuse & Chronic Neglect: Nursing home care is expensive so most families presume that an Atlanta nursing home will provide their loved one with the promised level of care. Because seniors may become more physically frail, they may not have the physical strength to fight off physical assaults or sexual abuse. Those that prey on seniors also may exploit declining vision, hearing or mental faculties to commit acts of financial exploitation against elderly Atlanta nursing home residents. If you believe that your elderly loved one has been neglected or abused in a nursing home, our experienced Atlanta nursing home abuse and neglect attorneys are committed advocates for the right to financial compensation for victims of elder abuse.

If you or someone you love has suffered a serious personal injury or a loved one has died, each experienced Atlanta Georgia personal injury lawyer is committed to representing personal injury and wrongful death victims in obtaining compensation to rebuild their lives and support their families. Call now for a FREE CONSULTATION with Montlick and Associates' experienced Atlanta personal injury attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for a FREE CONSULTATION. Alternatively, you can visit our website, www.montlick.com, to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.

Acworth Truck Accident Attorneys

A trucking accident is like no other type of motor vehicle accident because of the complexity involved in these cases and the extremely high risk of catastrophic injury or wrongful death. When a massive, fully-loaded 80,000 pound tractor-trailer collides at a high rate of speed with a 3,000 pound passenger vehicle, the result is all too often horrific carnage and catastrophic injury or fatalities. Given that a fully-loaded tractor-trailer weighs 26 times more than a passenger vehicle, basic physics make it predictable that the injury victims in trucking (big-rig, semi-truck, 18-wheeler) accidents are the occupant of the other vehicle an astounding 97 percent of the time.

Many presume that tractor-trailer accidents are fairly rare. While this is a reasonable assumption given that tractor-trailers pose a small minority of the motor vehicles on the road, the reality is that there are approximately 500,000 commercial trucking accidents annually according to the U.S. Department of Transportation (DOT). Although commercial trucks constitute only a small minority of motor vehicles, they account for over 11,000 fatalities and almost 800,000 injuries per year based on data from the National Highway Traffic Safety Administration (NHTSA). This means that trucking accidents account for almost 1 in 3 motor vehicle accident fatalities.

Special Legal and Factual Challenges in Trucking Cases

At Montlick and Associates, our dedicated and experienced Acworth trucking accident lawyers understand the unique challenges associated with trucking accident negotiations and litigation. Many Acworth trucking accident victims make the mistake of assuming that any personal injury law firm can successfully represent clients in trucking accident cases. It is tempting to assume that trucking accidents are really just motor vehicle accidents involving extremely large vehicles. This is a misconception as trucking accidents involve a wide variety of issues that are not present in other kinds of motor vehicle accident claims including:

  • A complex myriad of federal and state regulations
  • Massive trucking company resources including trucking accident experts that can be at an accident scene in minutes
  • Unethical litigation tactics like repairing vehicles and quickly putting them back in service so that critical evidence is lost
  • Unique causation factors, such as fatigue, lack of inspections, overloaded vehicles and medically unfit drivers
  • Industry-wide practices of manipulating and falsifying critical evidence like driver logbooks that track driver hours of service (HOS) to monitor driver fatigue

These are just some of the unique and complex features of Acworth commercial trucking accident cases that make it essential that you work with experienced trucking accident attorneys with a proven track record of obtaining large settlements and verdicts from trucking companies. Our experienced Acworth trucking accident attorneys possess a thorough understanding of trucking industry regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) as well as other federal and state regulations. Our trucking accident legal team also understands the litigation tactics and industry practices used by the trucking industry to avoid liability, such as falsification of truck driver logbooks, deletion of black box data and ambiguous relationships with truck drivers, who are often independent owner-operators.

Time Is of the Essence When Pursuing Trucking Accident Claims

Given the unique challenges associated with successful settlement or litigation of a trucking accident, you should contact our experienced Acworth trucking accident attorneys at Montlick and Associates as soon as possible. Because we routinely handle large commercial trucking accidents, we may be able to dispatch accident scene investigators immediately to preserve critical evidence that might otherwise be destroyed. Our Acworth trucking accident lawyers know that when you suffer the types of serious injuries that are typical in commercial trucking accidents, legal issues and insurance claims are typically not your primary concern.

Because the practice of destroying and manipulating evidence is widespread in the trucking industry, time is of the essence to prevent the loss or destruction of critical proof regarding the cause of a trucking collision. We often send a “spoliation letter” to the trucking company, indicating that the vehicle and its black box data recorder are the subject of litigation and must be preserved in their existing condition. If the trucking company fails to comply, we may be able to seek sanctions against the trucking company, including limitations on the evidence that the trucking company may introduce in the case. The bottom line is that any delay in initiating a trucking accident claim may inhibit your ability to obtain the compensation that you need to handle the financial challenges posed by your injuries.

Why Do Trucking Accidents Occur?

While there are a wide variety of causes of trucking accidents in Acworth and throughout Georgia, some of the most common factors that contribute to trucking accidents include the following:

  • Drivers exceeding hours of service (HOS) restrictions (truck driver fatigue)
  • Trucks that are overloaded or the load is not properly secured
  • Truck drivers that are not medically fit to operate their rig
  • Lack of respect for adverse weather conditions, such as rain, fog or extreme wind
  • Truck drivers using drugs, including methamphetamines to drive longer shifts
  • Failure of truck drivers to conduct pre-trip and post-trip inspections of such items as tires and brakes
  • Lack of awareness of vehicles in a truck's large blind spots known as "no zones"
  • Indifference by a trucking company in the hiring, training and supervision of a truck driver
  • Distracted driving by a truck driver including use of small electronic devices
  • Design or manufacturing defects in the tractor-trailer
  • Alcohol impaired truck drivers
  • Failure of commercial drivers to map out safe routes that avoid steep grades and other road features that can be difficult to navigate in a massive tractor-trailer

Successful handling of an Acworth truck accident claim requires extensive knowledge and understanding of trucking industry regulations, customs and practices. One of the most difficult issues in trucking cases is the prevalence of manipulating and destroying evidence. For example, federal regulations require drivers to limit their time behind the wheel to certain shifts of a maximum duration during a day or quasi-weekly schedule with required rest periods in between.

Truck drivers routinely disregard these HOS regulations to increase profits often with the tacit or explicit approval of the trucking company. Drivers are also required to maintain a logbook that provides a record of compliance with these hours of service rules. These written logbooks are so routinely fabricated and altered they are referred to within the trucking industry as "lie books." Our experienced Acworth trucking accident attorneys routinely examine other evidence to expose alteration or manipulation of driver logbooks, including fuel receipts, lodging records, toll receipts and traffic cameras.

One of the most valuable pieces of evidence in understanding the cause of an Acworth trucking accident is the black box data recorder. Much like the black box in an airplane, these data recorders provide critical information including gear shift patterns, vehicle speed, sudden acceleration, braking and hours of service data. In the aftermath of a trucking accident, trucking companies frequently put the truck back in service promptly, which results in the deletion of critical data that may be used to explain the cause of an accident and expose logbook manipulation.

Obtaining Compensation to Rebuild and Recover from Acworth Trucking Accidents

If you are the victim of a tractor-trailer accident in Acworth, you may suffer a wide range of injuries, including the following:

  • Traumatic Brain Injuries (TBI)
  • Compound fractures and broken bones
  • Amputation of one’s extremities
  • Serious damage to internal organs
  • Spinal cord damage resulting in paraplegia or quadriplegia
  • Fatalities

These are just a few examples of the types of serious and debilitating injuries that are common in Acworth trucking accidents. Our caring team of Acworth trucking accident attorneys frequently represent those who suffer serious life-altering injuries, which may result in staggering medical bills, loss of income, severe pain and long periods of rehabilitative or nursing care.

Our experienced Acworth tractor-trailer accident lawyers strive to obtain the financial compensation our clients need to facilitate the best medical care and highest quality of life following a serious trucking accident. We seek both general and special damages on behalf of our clients. Special damages are economic damages, such as medical expenses, lost income, property damage, future lost earnings, burial and funeral expenses in a wrongful death case and other out-of-pocket expenses. General damages provide compensation for more intangible losses like pain and suffering and impairment of your quality of life. A final type of damages that might be awarded in cases of extreme or gross negligence or intentional misconduct is punitive damages, which are designed to punish a wrongdoer and deter similar conduct in the future.

Be aware of your legal rights! If you have been injured in an Acworth trucking accident, you may be eligible for financial compensation. Call now for a FREE CONSULTATION with Montlick and Associates' experienced Acworth trucking accident attorneys.

Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for a FREE CONSULTATION. Alternatively, you can visit our website, www.montlick.com, to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.


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.