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.
When you are involved in a motor vehicle accident in Atlanta, there is always a risk of suffering serious injury or wrongful death. If the vehicle that collides with yours is an 80,000 pound fully loaded tractor-trailer combination, this risk increases substantially. Although the trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA) and state law, sometimes truck drivers disregard safety rules often with the tacit or explicit consent of the trucking company. Commercial trucks (big-rigs, 18-wheelers, tractor-trailers, semi-trucks) pose a much greater danger to others on Atlanta roadways because of their sheer mass and length. An Atlanta trucking accident may be the product of driver error, poor maintenance of the rig, defective components on the tractor-trailer or unsafe roadways.
The experienced Atlanta truck accident attorneys at Montlick and Associates have been representing those injured in trucking accidents since 1984. Tractor-trailers are more likely to be involved in a collision because they have a number of features that make them less responsive. Commercial trucks have large blind spots called “no zones” and require more time to safely stop or maneuver. The mass of a tractor-trailer also means that Atlanta trucking collisions involving smaller passenger vehicles often result in more serious injuries than other types of motor vehicle accidents.
Unique Challenges of Pursuing Atlanta Tractor-Trailer Accident Claims
Despite the fact that tractor- trailers constitute a relatively small percentage of total vehicles on the road, they account for one in every eight traffic related fatalities. Commercial trucking accidents also account for four percent of motor vehicle accident related injuries. Because of the size disparity between tractor-trailers and passenger vehicles, it is hardly surprising that the majority of the time that collisions occur the occupants of the passenger vehicle suffer the most serious injuries. Studies reveal that more than 85 percent of fatalities and 75 percent of injuries suffered in trucking accidents involve those in the smaller vehicle, such as a car, pickup truck, SUV or motorcycle.
Trucking companies defend Atlanta trucking accidents aggressively with a strategy of denying, delaying and minimizing claims. Atlanta trucking companies have teams of insurance adjusters, lawyers and virtually limitless resources to defend against personal injury claims. Legal claims involving Atlanta trucking accidents are more than merely auto accident claims involving extremely large vehicles. Effective legal representation in an Atlanta trucking accident requires experienced Atlanta trucking accident lawyers with knowledge of the dynamics and causes of Atlanta tractor-trailer accidents, trucking industry laws and regulations and trucking industry practices involving destruction or alteration of evidence. Our Atlanta tractor-trailer accident lawyers have been successfully representing trucking accident victims since our trucking accident law firm was founded in 1984.
Trucking companies often send a rapid response team immediately after learning of an accident involving their tractor-trailers and/or drivers. The trucking company may have trucking accident investigators on the accident scene within an hour of the collision, which may mean that important evidence suddenly disappears. While it is always recommended that you have a personal injury attorney handle your Atlanta accident claim, the aggressive tactics used by trucking companies to avoid liability for trucking accident claims makes it even more imperative that you work with an experienced trucking lawyer. Our Atlanta trucking accident lawyers at Montlick and Associates understand the need to work promptly to preserve critical evidence in trucking cases.
Many trucking companies in Atlanta and throughout Georgia use onboard computers and satellite communication systems which may provide s wealth of information that can impact a trucking accident victim’s claim. The vendors that provide this technology to Atlanta trucking companies typically have record retention policies that result in the data being purged within 2 to 4 weeks. If the data is modified, it can be difficult and expensive to prove that the data was changed. Trucking companies also often purge their own records after a period required for retention by federal regulators. Other evidence that may be purged by a trucking company if reasonably prompt action is not taken to preserve the information includes “black box data” generated by the engine control module on many trucks and driver logbook information. The black box may provide vital evidence on how the truck was driven immediately before the accident while the logbook may reveal hours of service violations that may lead to collisions caused by driver fatigue.
Key Causes of Atlanta Trucking Accidents
While there are many contributing factors that may play a role in causing an Atlanta trucking accident, some of the most common causes include the following:
Failure to perform required inspections and maintenance
Truck driver fatigue resulting from violation of hours of service rules
Operating trucks while under the influence of illegal narcotics, prescription medication or over-the counter drugs
Truck drivers who exceed speed limits to meet unrealistic schedules
Defective truck components including tread separation in tires
Poor route planning that requires truck drivers to navigate windy, narrow or mountain roads
Drivers that are medically unfit to operate a tractor-trailer
Violation of mandatory drug testing rules
Trucking companies that fail to screen prospective truck drivers
Failure to check “no zones” (large blind spots)
When trucking accidents occur in Atlanta and the surrounding areas, the result can be devastating life-changing injuries and even the loss of someone you love. When you are involved in an Atlanta trucking accident, you may suffer a wide range of severe injuries including spinal cord injuries causing quadriplegia or paraplegia, head injuries that impair mental functioning, severe full thickness burns, amputation of limbs, bone crush or fractures and even wrongful death.
When you suffer these severe forms of injury, it may result in severe financial challenges while you are recovering. The medical bills associated with this type of serious injury can be staggering; extended periods of disability can make it difficult to pay these medical expenses. Depending on the details of your tractor-trailer accident claim, our experienced Atlanta tractor-trailer accident attorneys may be able to seek financial compensation for a wide spectrum of losses including income replacement both past and future, property repair or replacement, medical and hospital expenses, pain and suffering, impact on enjoyment of life, loss of consortium and other forms of damages.
Know your legal rights! If you or someone you love has been injured in an Atlanta trucking accident, our experienced Atlanta truck accident lawyers at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta trucking accident claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
The nursing home abuse abuse attorneys at Montlick and Associates understand how difficult it can be to see parents, grandparents, aunts, uncles and other relative grow old and decline physically or mentally. When those we love begin to have age related limitations, it can be necessary to entrust a loved one to the care of an Atlanta nursing home. When the limitation of our elderly loved ones becomes too great, we may be forced to rely on Atlanta nursing homes and other long-term residential care facilities. We expect the management and staff of these residential care facilities for seniors to provide conscientious care that we expect for our elderly loved ones. While many Atlanta nursing homes, convalescent care and senior residential facilities provide exemplary care, some facilities put profits above resident care. These Atlanta nursing home facilities may rely on inadequately trained and screened employees, or they woefully understaff the facility.
When Atlanta nursing homes fail to carefully screen, train or supervise staff or overwork staff, neglect and abuse of residents is common resulting in broken bones, bed sores and even premature death. Many Atlanta nursing homes receive federal funds and are required to comply with federal laws and regulations that specify the type and quality of care that seniors in nursing home facilities and other long-term care facilities are required to receive. The elder abuse attorneys at Montlick and Associates are committed to representing seniors that have received substandard care or been assaulted in Atlanta elder care residential facilities. Our experienced team of Atlanta nursing home abuse attorneys has been seeking financial compensation and justice for seniors who are denied the care that they are entitled to when they become residents of a long-term care facility since 1984.
Abuse and neglect of seniors in nursing homes can take many forms but the most common forms of abuse and neglect include the following:
Physical Assault: Those who provide care to seniors that are suffering from Alzheimer’s disease, dementia or other age related conditions need patience and compassion. Many staff members of nursing homes admit that fatigue can lead to impatience and anger resulting in acts of physical abuse. When an elderly resident is physically assaulted in a nursing home, they may be able to obtain financial compensation including punitive damages depending on the specific facts and circumstances.
Sexual Abuse: Because it is hard for elderly nursing home residents to physically repel sexual assaults, seniors are vulnerable to sexual abuse and exploitation. This may take the form of sexual intercourse, fondling, forced viewing of pornography, molestation and other forms of non-consensual sexual behavior.
Failure to Provide Nutrition/Hydration: Some nursing homes fail to provide the most basic necessities to residents including food and drink. When hygiene, hydration and nutrition needs are denied to seniors, this severe form of neglect may be the basis of legal action.
Chemical/Physical Restraint: When Atlanta nursing home facilities tie down residents or overly medicate residents without justification as a form of restraint, this form of abuse may be the basis of a legal claim for compensation.
Emotional Abuse: Elderly residents in Atlanta nursing homes may also be subject to forms of emotional abuse that causes fear and severe distress. Sometimes this may take the form of verbal abuse and threats. Emotional abuse can also take the form of abandonment or isolation of a senior.
Financial Abuse: If a staff member or administrator in an Atlanta nursing home extorts money or simply gains access to the financial assets of a senior, this form of financial overreaching and exploitation may be the basis of legal action. Those charged with the care of seniors may misuse a senior’s credit cards or bank accounts. Sometimes this form of abuse may even take the form of identity theft.
These forms of Atlanta nursing home abuse and neglect may be the result of a number of factors including the following:
Failure to adequately staff the facility
Declining to observe state and federal regulations and laws specifying mandatory care requirements
Not conducting background checks when hiring staff
Lack of training of employees
Low pay in nursing homes
Improper supervision of staff or lack of discipline for acts of abuse or neglect
If your love one is a resident in a nursing home, it is important to pay careful attention to visible signs of abuse or neglect. If you notice unexplained bedsores, poor hygiene, fractures or mood changes, these may be signs of Atlanta nursing home abuse or neglect. When our Atlanta nursing home abuse attorney investigate nursing home cases, we may inspect both government and facility records, conduct interviews and examine other potential evidence of mistreatment of residents. If you or a close family member is a victim of abuse or neglect in an Atlanta nursing home and suffer injury or a loved one dies, our Atlanta nursing home abuse attorneys committed to using all of our experience and expertise to obtain the best possible results for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta nursing home abuse claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Many Atlanta employees in a large number of sectors of the economy suffer serious injuries or occupation related illnesses. The workers’ compensation system is a quick efficient means to provide wage replacement and medical care to employees that suffer an injury on the job or while engaged in an employment related activity. The system can be a way to seek prompt relief without the need to pursue a lawsuit or to prove fault by one’s employer. Our experienced Atlanta workers’ compensation attorneys have assisted hundreds of those in Atlanta and throughout Georgia pursue workers’ compensation claims. Our Atlanta workers’ compensation attorneys may be able to analyze your claim, file your documents, attend hearings and appeal your denial.
While most people think of workers’ compensation benefits as a remedy for injuries at a worksite, the system actually provides recovery for a broader number of situations. Depending on the circumstances of your situation, you may be entitled to workers’ compensation benefits even if you are injured outside of work hours or off the premises while engaged in an activity that is for the benefit of your employer. Example of accidents that may be considered within the scope of employment justifying workers’ compensation benefits include the following:
A motor vehicle accident while making a delivery for your employer on the way home
Slip and fall accidents on the wet floor of an employer premises during an afterhours office party
Aggravation of pre-existing injuries while attending a company retreat off the company premises
Occupational illnesses caused by exposure to hazardous substances (black lung, asbestosis)
Repetitive motion injuries (carpel tunnel)
Claims of mental stress or emotional injury
There are a couple of steps that should be taken to preserve your Atlanta workers’ compensation claim:
The injury/accident must be reported promptly to your employer (within 30 days)
Promptly contact an experienced Atlanta workers’ compensation attorney who can evaluate your claim and has the experience to negotiate for an appropriate settlement
If you suffer work related injuries, you may be entitled to a range of benefits if you pursue a workers’ compensation claim, such as medical benefits, weekly income benefits and compensation for permanent injury long-term disability. Our experienced Atlanta workers’ compensation attorneys at Montlick and Associates assist you in understanding and protecting your rights and seeking the medical treatment and financial compensation to obtain a full recovery. Our law firm recognizes the financial pressure that you and your family may experience when you are unable to work because of an employment related injury. Our Atlanta workers’ compensation attorneys have been providing effective legal representation to those who suffer occupational illnesses and job related injuries.
While OSHA and other state and federal agencies provide workplace safety rules and standards to reduce the risk of job related injuries and occupational illnesses, sometimes these safety rules get ignored resulting in serious accidents that may cause life-altering injuries, especially in particularly hazardous occupations including industrial plants, construction trades, trucking companies, occupations involving heavy machinery and other high risk work environments.
Some of the types of work related injuries for which we may be able to seek compensation include but are not limited to the following:
Injuries to the spine or back
Injury to the head or face
Broken or crushed bones
Loss of an extremity
Mental stress claims
While an Atlanta workers’ compensation claim offers an efficient no fault remedy, the recovery under a workers’ compensation claim is fairly limited. Many times our Atlanta workers’ compensation attorneys may also pursue a personal injury claim against third parties that also contribute to your injuries. Although the workers’ compensation system provides the exclusive remedy against an employer for a work related injury, we frequently pursue both a workers’ compensation claim against an employer and a personal injury claim against a third party that contributed to the accident. The personal injury claim may permit you to supplement your recovery with compensation for such intangible losses as emotional distress, pain and suffering, impairment of society and companionship of a spouse and diminished quality of life.
Our Atlanta workers’ compensation attorneys provide almost three decades of experience, comprehensive knowledge of workers’ compensation and personal injury law and a firm commitment to seeking the maximum possible recovery to facilitate our clients’ recovery. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Augusta workers’ compensation claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Those who work in the construction trades are exposed to rigorous physical demands and dangerous workplace hazards. Safety procedures and precautions on Atlanta construction sites are often ignored to keep construction jobs progressing at a rapid rate. When you are injured in an Atlanta construction accident, you may suffer injuries like broken bones, spinal cord injuries, traumatic brain injury, internal organ injuries, severe burns and other serious injuries that may cause severe pain and render you temporarily or permanently unable to work. The financial pressure caused by disability to a family member who is the primary source of household financial support can cause enormous stress and force a family to the brink of bankruptcy.
Many who work in the construction industry presume that they will not personally be involved in an Atlanta construction accident. However, construction projects involve a multitude of hazards in an environment of chaos and confusion such that anyone present on an Atlanta construction site may be injured when safety practices are disregarded. At Montlick and Associates, our experienced Atlanta construction accident attorneys work with all varieties of construction site injury victims like union workers, non-union workers and those in all trades including masons, carpenters, framers, iron workers, excavators, asbestos workers, heavy machinery operators, electricians, roofers and more. Our Atlanta construction accident attorneys have been helping those injured on construction projects seek financial compensation for their injuries since we were founded in 1984.
The range of hazards on a construction site are virtually unparalleled in any other industry, which is why the construction industry is historically one of the most dangerous of all occupations. Construction work requires long periods of bending, stooping, standing and working in cramped and confined spaces. It also may require lifting and carrying heavy objects. These physical challenges that may result in injury are compounded by exposure to dangerous tools and heavy equipment. Atlanta construction workers also often work on elevations that may create a risk of serious falls. Construction industry employees are more prone to injury and job related fatalities than workers in other occupations. Some of the most common Atlanta construction accident hazards include the following:
Falls from scaffolding and ladders
Injuries caused by falling objects
Trenching collapse accidents
Trip and falls on debris
Chemical exposure and burns
Defective equipment and tools
Motor vehicle accidents
Repetitive motion injuries
If you involved in a construction site accident, you may have two separate options for legal remedies. Our experienced Atlanta construction accident lawyers may be able to assist you in pursuing a workers’ compensation claim against your employer and a personal injury claim against any third party that contributed to your injuries. While a worker’s compensation claim is easier to pursue because it does not require you to establish fault, it is far more limited in the recovery that you are entitled to receive. While your workers’ compensation claim may provide lost wages, free medical care and some compensation for future disability, a personal injury claim against a third party may also provide compensation for pain and suffering, emotional distress, loss of companionship of a spouse, diminished quality of life and other forms of intangible loss that are not generally available in a workers’ compensation action.
If you or someone you love has been injured in an Atlanta construction accident, our experienced Atlanta construction accident lawyers at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta construction accident claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Product liability is the area of law that governs the obligation owed by product designers, manufacturers and sellers to consumers who are injured by their products because of design, manufacturing or marketing defects. There are many people injured by defective products throughout the U.S. Defective products cause 22,000 deaths and over 29 million injuries each year according to the U.S. Consumer Product Safety Commission (CPSC). There are many types of defective products that injure consumers with some recent examples including:
Products for children (toys, strollers, car seats)
Hip replacements and other medical devices
Industrial equipment or machinery
Tires and brakes on motor vehicles
Dangerous prescription drugs
Virtually any product in your home or workplace can be defective and cause an injury, but this does not mean that every injury caused by a product necessarily creates the grounds for a product liability lawsuit. A defect in a product may occur at any point in the production process including:
Product Design: The engineering and design of the product must comply with applicable safety standards.
Manufacturing Process: The company responsible for producing the product is expected to conduct proper quality control testing to ensure that the product is safe for consumers.
Product Distribution: If a company stores or transports a product, the company has an obligation to ensure that a defective product does not make it into the hands of consumers.
Product Marketing: The marketing and advertising for a product must promote the product base on the product actually capabilities and warn of potential hazards.
The federal agency that promulgates safety standards for many products in the U.S. is the Consumer Product Safety Commission (CPSC). The agency establishes certain safety standards and issues recalls of certain defective products. Unfortunately, these recalls are typically issued after there have been reports of problems with products on the market including injuries and sometimes fatalities. Even when a recall is put into place, the lag time between when the manufacturer agrees to recall the product and when the recall is put into effect can mean additional consumers are injured.
There are three general theories of liability that may form the basis for legal action in a defective product claim: (1) strict liability, (2) negligence, (3) breach of warranty. Many product liability claims are based on strict liability which means that a consumer is not required to identify the negligent conduct that caused the defect. If a consumer can show that the product was indeed defective when it left the control of the manufacturer, this is a sufficient basis for imposing liability if the defect causes injury to a consumer. Negligence as a theory for liability in a product liability case essentially involves proving that some entity in the chain of production or distribution failed to take reasonable care to produce a safe product. A breach of warranty product liability claim may apply if the product was not safe for the use intended or lacked sufficient warnings regarding known risks associated with the product.
Obtaining Compensation for Consumers Injured by Unsafe Products
Montlick and Associates recognizes that sometimes very slight modifications in the production process or a few pennies more invested in quality control testing can prevent life-altering injuries or wrongful death. Our experienced team of Atlanta defective product lawyers are committed to seeking the compensation consumers need to cover their medical expenses, lost income and other intangible damages like diminished quality of life, pain and suffering and other forms of loss. The only way to encourage companies that put poorly made and inadequately tested products on the market to take appropriate steps to make their products safe is to hold them accountable for the injuries they cause to consumers. If you are injured by a defective product, you should keep all parts of the product and all packaging because this may be important evidence in your product liability claim.
If you are injured by a dangerous or defective product, the Atlanta product liability attorneys at Montlick and Associates is committed to providing exemplary legal representation and effective advocacy. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your product liability claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Premises liability law involves injuries that occur when someone is on the property of another, including slip and falls, dangerous natural conditions, man-made hazards, criminal attacks, false arrests and inadequate security. A person who is injured on the property of another may have a right to seek compensation for his/her injuries. A slip and fall case is a type of premises liability claim. Property owners have a legal obligation to provide a reasonably safe environment to people who are lawfully on their property. A premises liability case can be based on injuries occurring in residential, commercial or private buildings depending on the specific facts and circumstance of the case.
Duty of Care Owed by Property Owners
Premises liability law imposes varying degrees of responsibility on property owners to make their property safe or warn of hazards on the property based on a number of factors, including the relationship between the parties, the visitor’s purpose, the type of hazard and other factors. In some situations, the property owner has an obligation to conduct reasonable inspections of the property in other situations no such obligation applies. The issues involved in slip and fall cases require intensive factual analysis so it is important to work with an experienced Atlanta slip and fall attorney at Montlick and Associates. Our Atlanta slip and fall attorneys have been representing those injured in falls throughout Georgia since we were founded in 1984. An important inquiry in determining the amount of care owed by an Atlanta property owner involves a determination of the purpose for one’s visit to the property of another.
Invitee: When a customer enters a store or restaurant, the law classifies them as an invitee, which means essentially that they are present for the mutual benefit of both the business and the patron. This characterization means that a business owner has an obligation to keep the premises reasonably safe from dangerous conditions including a foreign substance like spilled food, detergent, soda, water or a flaw in the flooring like a cracked tile. Invitees may include members of public service organizations attending meetings, contractors doing work on the premises, customers seeking to purchase products and services or other similar mutually beneficial relationships. Invitees are entitled to the highest standard of protection under the law. This duty includes conducting reasonable inspections and maintenance to discover and make safe hazards on the premises.
Licensee: A licensee is essentially a social guest, such as a friend who visits a neighbor. A door-to-door solicitor would also typically be considered a licensee. Property owners owe an intermediate duty of care to protect licensees who come on their property not to expose them wantonly and recklessly to non-obvious perils.
Trespassers/Attractive Nuisance: Those who enter your property for their own purpose and without express or implied permission generally are owed the lowest duty of care. A property owner only has an obligation not to wantonly and recklessly injure a trespasser. This essentially means that you have a legal obligation not to set traps designed to injure trespassers. There is one significant exception to the general rule that property owners do not owe a significant duty of care to trespassers, which applies to children who trespass. The attractive nuisance doctrine imposes a duty on property owners similar to that owed to invitees to protect children from artificial (man-made) hazards that are likely to attract child trespassers. The rationale behind this exception is that children may lack the experience and judgment to fully appreciate the risk posed by certain types of hazards. The classic example of an attractive nuisance is a swimming pool.
Important Issues and Evidence in Atlanta Slip and Fall Claims
Insurance companies for grocery stores and other businesses often defend slip and fall cases by claiming that the accident victim is responsible for his/her own injuries. The open and obvious doctrine is a defense used in many slip and fall cases, which essentially provides that when a visitor is on the property of another the visitor has an obligation to avoid hazards that are readily apparent. If you are shopping in Costco and a large pallet of merchandise is in the middle of the aisle, the insurance company will argue that the hazard was so obvious you had an obligation to avoid tripping over it.
Successful slip and fall cases require a careful analysis of the factual circumstance of a fall. Our experienced Atlanta slip and fall attorneys at Montlick and Associates may analyze the following types of evidence:
Store accident report
Video surveillance footage
Warnings or barriers
Visual inspection of the accident location
Witness reports regarding the incident and duration that hazard was present
Adequacy of lighting
Past reports of accidents from the same hazard
When you slip and fall on the property of another in Atlanta you may suffer life-altering injuries. A slip on a wet floor, a trip on cracked pavement or a fall down a broken stairway can cause severe injuries including broken bones, head and neck injuries, spinal injuries and even paralysis or death. When a property owner fails to repair a dangerous condition on the premises or fails to warn of such a condition, the property owner may be liable for damages, including the victim's medical bills, pain and suffering, lost income, diminished earning capacity, mental anguish, disfigurement, pain and suffering and other damages. Our experienced Atlanta slip and fall attorneys often employ experts to analyze potential hazards posed by flooring.
If you are involved in an Atlanta slip and fall accident, you should seek immediate medical attention and report all symptoms no matter how minor they may seem. If you fail to report the symptoms, the property owner’s insurance company may later claim the injuries were not suffered when you slipped and fell. You should also seek immediate legal advice so that our Atlanta slip and fall lawyers can begin investigating the incident and preserving evidence if we take your case. Our experienced Atlanta slip and fall accident attorneys are committed to pursuing the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta slip and fall accident claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Drivers of any type of motor vehicle should show respect for the size and weight of motor vehicles and the potential for severe injury in a collision. However, the risk posed to those who use motorcycles to navigate the streets and highways of the Atlanta area is much more significant. Motorcyclists in Atlanta and the surrounding area must cope with the limited handling of motorcycles and their almost complete lack of safety features. The danger posed to those who ride motorcycles is so significant and unique that Georgia has chosen to be one of the leading states in implementing motorcycle only checkpoints. The state received $70,000 in federal funds during 2011 to conduct safety checkpoints limited to motorcycles.
While there is controversy about the practice of operating checkpoints that only require motorcyclists to stop, the justification for these safety checkpoints is based on the unique dangers that face motorcyclists. When traveling via motorcycle throughout Atlanta, a motorcyclist has virtually no protection against careless drivers who cut off motorcyclists, fail to check for motorcycles in their blind spots or generally do not respect the right of motorcyclists to share the road equally with passenger vehicles. Motorcycle only checkpoints are designed to check for the following safety issues:
Valid motorcycle drivers’ license
Compliance with mandatory helmet law
Appropriate vehicle maintenance
Understanding the Causes of Serious Injury and Wrongful Death in Atlanta Motorcycle Accidents
While many motorcyclists view these checkpoints as unjustifiably intrusive, there is no denying that motorcyclists are often involved in more severe accidents than drivers of passenger vehicles. More than 4,500 people die in motorcycle accidents in the U.S. annually, and in excess of 80,000 more motorcyclists suffer injury. Motorcyclists are also 27 times more likely to die in a collision than the occupant of a passenger vehicle. Although motorcycles provide minimal protection in a collision, Atlanta motorcycle riders that comply with the state’s mandatory helmet law can reduce their risk of suffering life-altering head, neck and brain injuries. Motorcycle helmets have been shown to be 37 percent effective in preventing fatalities among those operating motorcycles and 41 percent effective in preventing motorcycle passenger fatalities.
The legal basis for pursuing an Atlanta motorcycle accident claim is typically based on the legal concept of negligence. This is a legal term of art that essentially refers to unreasonably unsafe conduct that causes foreseeable injury to others. Atlanta motorcycle accidents may be caused by unsafe drivers, dangerous roadways and defective motorcycles. If you are injured while riding as a passenger on a motorcycle you also may be able to seek compensation from a negligent motorcycle operator. Some of the most common types of unsafe conduct that causes Atlanta motorcycle accidents include the following:
Motorists who fail to see motorcyclists when turning left at an intersection
Cutting of a motorcyclists or moving into the riders space in the adjacent lane without checking blind spots
Drivers of passenger vehicles impaired by drugs or alcohol
Potholes or other road maintenance hazards
Motorists that fail to obey stop signs, traffic signals or yield signs
Hostility of drivers toward motorcyclists
Wet or icy roads
Motorcycle tire flats or blowouts
Rider inexperience particularly over-reliance on the rear brake
Distracted drivers that fail to observe smaller motorcycles
Despite the increased popularity of motorcycles among all segments of society, there are still those who harbor negative attitudes toward “bikers.” This can sometimes result in witnesses that distort the facts against motorcycle enthusiasts which may in turn lead to law enforcement accident reports that are unfair skewed against the rider. Our experienced Atlanta motorcycle accident attorneys at Montlick and Associates have been successfully representing motorcycle accident victims for almost three decades so we are capable of taking a fresh look at the facts and conducting our own independent investigation of a motorcycle accident in Atlanta.
Scope of Monetary Recovery for Serious Atlanta Motorcycle Collisions
Motorcyclists do not expect to be involved in a motorcycle accident when cruising down the streets of Atlanta, but when it happens you will need money to pay for medical bills, surgeries and physical rehabilitation. Many motorcycle accidents result in injuries that prevent one from being able to return to work immediately. An Atlanta motorcycle accident lawyer at Montlick and Associates may be able to assist you in seeking compensation for injuries ranging from relatively minor to extremely serious injuries including:
Lacerations and abrasions
Head and neck injuries
Damage to the spinal cord which may cause partial or total paralysis
Broken bones including arms, legs, collarbones and ribs
Brain injury resulting in impaired cognitive skills
Loss of limbs including limbs that must be amputated because of infection
Trauma to internal organs
When you suffer serious injuries in an Atlanta motorcycle accident, you may not only need compensation for medical expenses but also money to fix your bike and cover lost income or diminished future earning potential if you are permanently disabled. Our Atlanta motorcycle accident attorneys also may be able to pursue damages for intangible forms of loss including pain and suffering, mental anguish, punitive damages, loss of companionship or services of a spouse and/or other damages depending on the specific facts of your case. Our experienced Atlanta motorcycle accident attorneys are committed to pursuing the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta motorcycle accident claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Our Atlanta Pedestrian accident attorneys have been representing pedestrians, joggers, rollerbladers and walkers who are injured by unsafe drivers of cars, trucks and tractor-trailers since our law firm was founded nearly three decades ago. When you are walking in a crosswalk and enter the roadway because you have a “walk” sign, you have the right of way so motor vehicle drivers are expected to stop. Unfortunately, drivers who are speeding, drunk or not paying attention may run a stop light and collide with vulnerable pedestrians. Pedestrians lack the protection of motor vehicle occupants, including safety features like air bags, steel cage frames and seatbelts so pedestrian accidents in Atlanta and throughout Georgia are likely to result in severe injuries from which a pedestrian accident victim may never fully recovery.
Anyone who has been faced with the daunting task of crossing the Buford Highway understands the dangers posed to pedestrians. The Georgia Department of Transportation acknowledges that the highway has an eight mile segment that is extremely dangerous to pedestrians. Because crosswalks may be as much as a mile from bus stops along the dangerous segment of roadway, pedestrians often must cross multiple lanes of traffic moving at 45 mph or more with no center islands separating lanes of traffic. This highway that connects Atlanta to Buford is the location of 30 fatal pedestrian accidents per year, and another 250 pedestrians are injured in collisions with motor vehicles along this dangerous stretch of roadway. The Center for Disease Control and Prevention (CDC) recently ranked Atlanta as the 3rd most dangerous city in the country for pedestrians.
When you or a family member is hurt in a pedestrian accident in Atlanta, it is important to seek legal advice promptly. Our experienced Atlanta pedestrian accident attorneys know that insurance companies aggressively defend pedestrian accident cases because the injuries often are very serious. One of the most common tactics of auto insurance companies is to suggest that the pedestrian and not the driver caused the accident. If you were struck by a motor vehicle while jaywalking, it is almost certainly the case that the insurance company will contend that your violation of law, rather than the conduct of the driver, caused your pedestrian accident injuries. Our Atlanta pedestrian accident lawyers at Montlick and Associates have handled many pedestrian accident cases so we have the experience to anticipate and effectively counter such strategies by auto insurance companies.
While there are many causes of Atlanta pedestrian accidents, some of the most common include the following:
Drivers whose mental and/or physical faculties are impaired by alcohol or drugs
Speeding particularly in high pedestrian traffic areas
Tired or fatigued drivers
Roads without pedestrian safety features like longer lights, middle islands and frequent crosswalks
Drivers rushing through intersections to “beat the light”
Poorly designed pedestrian crossings
Using cell phones to call or text particularly around intersections, school zones, bus stops and commercial businesses
Although many types of pedestrian accidents are caused by unsafe driving, the failure of public entities to design roadways and intersections with pedestrians in mind also plays a significant role in causing pedestrian accidents in Atlanta. When the unsafe design or maintenance of the road contributes to a pedestrian accident, an Atlanta pedestrian accident lawyer may also pursue a legal claim against the appropriate public entity. Because public entities have sovereign immunity, there are special procedures and timing requirements that must be met when suing a municipality or other government entity for injuries suffered in an Atlanta pedestrian accident. Our experienced pedestrian accident attorneys at Montlick and Associates may be able to guide you through these special requirements so that you do not undermine your Atlanta pedestrian accident claim.
Pedestrians who are hit by motor vehicles in Atlanta often suffer severe injuries including bone crush injuries, head trauma, injury to the spinal cord, loss of extremities and other permanent injuries that may mean permanent impairment of one’s mental and physical capacities. Some pedestrian accidents result in the tragic death of a loved one. When these types of life-altering consequences are caused by a pedestrian accident in Atlanta, our Atlanta pedestrian accident lawyers may be able to seek a broad spectrum of damages including:
Replacement for lost past income
Future disability from employment
Compensation for disfigurement
Hospitalization and other treatment costs
Diminished enjoyment of life
Pain and suffering
Emotional distress and mental anguish
Lost services and companionship of a spouse
Burial related expenses
The Atlanta pedestrian accident attorneys at our Atlanta law firm understand how incapacitating intense pain or extreme emotional distress can be when you are recovering from injuries caused by a negligent driver who is too busy texting to watch for pedestrians crossing the street. Our goal is to seek the best possible outcome for our clients so that they have the financial resources to preserve the highest quality of life.
Know your legal rights! If you or someone close to you has been injured by the negligence of a third party in an Atlanta pedestrian accident, our experienced Atlanta pedestrian attorneys at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta pedestrian accident claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
While dog’s ordinarily may be man’s best friend, a vicious dog can quickly turn into a dangerous attacker that can cause permanent disfiguring injuries and even wrongful death. The Center for Disease Controls in Atlanta, GA reports that almost 4.7 million people in the U.S. are injured in dog bite incidents annually. This means that every family in Atlanta faces approximately a one in fifty chance of having someone in their family attacked or bitten by a dog each year. Approximately 800,000 of these dog bite victims in the U.S. suffer injuries serious enough that they must obtain some form of medical treatment while almost 370,000 receive treatment in hospital emergency rooms. Children face an even more serious risk of suffering dog bites because dog bites are one of the five most common reasons that children must seek treatment in hospital emergency rooms. Children also are more likely to suffer dog bite injuries to the face, head and neck.
If you or someone in your family is the victim of a dog attack or dog bite, the experienced Atlanta dog bite attorneys at Montlick and Associates may be able to represent you in seeking financial compensation for medical bills, lost income, future diminished earning capacity, funeral/burial costs and other intangible losses. A serious dog attack resulting in bite injuries may cause severe emotional trauma requiring extensive surgery, disfiguring mutilation necessitating plastic surgery and other serious physical and psychological injuries. There are a complex matrix of legal theories that may form the basis of liability in an Atlanta dog bite case often turning on detailed factual analysis and investigation.
The law regarding dog mauling is complex if you suffer an Atlanta dog bite injury but may be based on several theories of liability. As a starting point, a dog owner may be liable if the owner knows or should know that the dog has an aggressive or vicious disposition. While this is generally referred to as the “One Bite Rule,” there is no actual requirement that the dog was involved in a previous biting incident. All that is required is that the dog previously exhibited aggressive behavior like lunging, bearing its teeth, attempting to bite, charging at those who pass or other similar conduct that should put a dog owner on notice that a dog has violent tendencies.
Because of the potential challenge associated with satisfying this knowledge requirement, which is referred to as the “scienter” requirement, Atlanta dog bite cases frequently are based on the violation of a local leash law. For example, a local leash law may require a dog owner to keep a dog fenced or on a leash and/or muzzled when in public. A violation of the leash law may constitute “negligence per se”, which essentially means that the violation may be the basis for imposing strict liability (i.e. liability without fault) on a dog owner.
Even when there is no leash law violation or past evidence of aggressive behavior by a dog, a dog owner may still be liable for negligence in allowing the dog to bite or otherwise injure someone in an Atlanta dog attack. An example of such a situation may include an owner that is lazy about closing a gate allowing a dog to escape and charge at a bicyclist who is passing by the dog owner’s home. If the dog lunges at the bike rider causing the bike to tip or forces the cyclist to veer into traffic causing a collision with a motor vehicle, the dog owner may be liable for resulting injuries for failing to take reasonable care to close the gate and keep the dog enclosed in the backyard.
Seeking Fair Compensation for Atlanta Dog Bite Victims
When you or a family member receives a dog bite because of an Atlanta dog attack or a loved one dies in a fatal dog mauling, you or your loved one may be entitled to seek financial compensation for serious injuries including:
Disfigurement from maulings
Broken bones or fractures
Damage to nerves and vital organs
An experienced Atlanta dog bite attorney at Montlick and Associates may be able to seek monetary compensation for out of pocket loss, including lost income and medical expenses as well as harder to quantify damages including pain and suffering, emotional distress, diminished marital relationship and quality of life as well as other forms of damages based on your specific circumstances. If you or someone you love has been injured in an Atlanta dog attack, our experienced Atlanta dog bite lawyers at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta dog attack injury claim. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
The experienced Atlanta wrongful death attorneys at Montlick and Associates understand the emotional anguish and intense feelings of grief that accompany losing a parent, child or spouse. This sense of loss can be even more difficult to cope with when the loss is the result of a negligent, reckless or intentional act, such as a sudden unanticipated motor vehicle accident or violent firearm injury during a criminal attack. When you lose an immediate family member, it may mean the loss of parental guidance, love and companionship of a spouse and financial support.
Insurance providers or employers of those who cause wrongful death in Atlanta will typically begin investigating immediately to formulate evidence and a strategy to avoid liability. The employer and insurance company will go to great lengths to prevent paying the substantial damages that may be pursued in an Atlanta wrongful death action. Many families that lose someone they love to the careless or intentional misconduct of a third party are paralyzed with grief. However, there are pragmatic matters that must be dealt with promptly to avoid adversely affecting your wrongful death claim, which may provide the financial means to cope with the loss of financial support.
An Atlanta wrongful death attorney at Montlick and Associates may be able to conduct an investigation so that critical evidence is preserved. When you retain a knowledgeable wrongful death attorney at Montlick and Associates, the attorney may be able guide you through the legal and procedural obstacles involved in pursuing an Atlanta personal injury claim. Many times insurance companies will attempt to blame the injury victim whose death has denied the victim a voice or his or her own. Our Atlanta wrongful death law firm has been providing a voice of justice and fairness to wrongful death victims for almost three decades.
Comprehensive Representation in Atlanta Wrongful Death Actions
There are many types of conduct that may be the basis for a wrongful death action ranging from ordinary carelessness to more malicious acts like violent crimes. If the conduct that causes the death of your loved one is reckless or intentional, it may even create a basis for punitive damages. The function of punitive damages is to punish particularly egregious and offensive conduct and create a deterrent to such wrongful conduct in the future. Some of the types of accidents or wrongful conduct that may be the basis for an Atlanta wrongful death action include the following:
While this list is hardly complete, it provides an overview of the wide range of types of accidents and unsafe conduct that may cause a wrongful death in Atlanta. Our Atlanta wrongful death law firm is dedicated to personalized attention and effective legal counsel through the entire legal process of pursuing a wrongful death claim. Our Atlanta wrongful death law firm is committed to assisting surviving family members in obtaining a more secure future while holding wrongdoers accountable for their negligent or intentional acts.
Understanding Compensation for Legal Claims in an Atlanta Wrongful Death Action
The Georgia wrongful death statute limits the parties that may pursue a wrongful death action. When the wrongful death victim is an adult, the spouse and children of the decedent usually will have the right to bring a wrongful death action. The law requires that any recovery in a wrongful death claim by a spouse be shared with the decedent’s children. The spouse of a wrongful death victim is entitled to one-third of the settlement or judgment regardless of the number of children of the decedent. When parents lose their child to the negligent, reckless or intentional conduct of a third party, the parents will typically have the right to bring a wrongful death claim. When a person dies with no surviving spouse, children or parent, the decedent’s estate has the right to seek recovery in a wrongful death claim.
There are two types of legal causes of action that usually make up a wrongful death action. These are called respectively a wrongful death cause of action and survival cause of action. The purpose of a wrongful death claim is to compensate surviving family members for their own damages resulting from the death of a loved one. Some of the types of damages for which you may seek compensation may include loss of guidance, financial support, emotional distress, companionship of a spouse and burial and/or burial costs and other types of loss suffered by family members entitled to bring the claim.
By contrast, a survival cause of action is designed to provide monetary recovery that would have been available to the wrongful death victim had the victim survived. In other words, the legal claim for personal injury damages “survives” an accident victim’s death. Financial recovery in a survival actions include pre-death pain and suffering, impaired quality of life prior to death as well as more tangible damages including medical expenses and lost wages.
Representing Atlanta Families Following a Tragic Loss
Our Atlanta wrongful death attorneys at Montlick and Associates have been providing effective legal representation to families who lose someone prematurely because of the wrongful conduct of third parties since our law firm was founded in 1984. Our Atlanta wrongful death law firm is firmly committed to seeking financial compensation to assist families with the financial hardships resulting from the loss of a beloved family member. We represent our clients with empathy, compassion and diligence.
Know your legal rights! If someone you love has suffered wrongful death, our experienced Atlanta wrongful death attorneys at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Atlanta wrongful death case. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Personal Injury Claims, Settlements and Attorneys in Atlanta, Georgia
Montlick & Associates Has Over 34 Years of Experience
Our personal injury attorneys in Atlanta at Montlick and Associates are dedicated to providing a different kind of legal experience to personal injury victims. While we offer the experience, knowledge and resources of a large law firm, we work hard to provide high quality legal services to each client and to provide each client with the personal attention they deserve. Our firm was founded on a commitment to diligently seeking justice for those who are injured by the wrongful acts of others. In fact, we have been zealously fighting for injured victims of negligence for over three decades.
Montlick and Associates has successfully represented its clients in obtaining over one billion dollars* in settlements and verdicts. We understand the emotional, physical and financial impact of having your life turned upside down because of an accident that was not your fault. Moreover, our Atlanta personal injury attorneys handle virtually all types of injury cases, including car accidents truck accidents, slip and falls, medical malpractice actions, and injuries caused by defective products. Because of our proven track record of success, we are often able to convince insurance companies to resolve claims amicably in the best interest of our clients without the necessity of formal litigation. Our personal injury law firm in Atlanta, Georgia has been successful for our clients through persuasive presentation of the facts, knowledge of the law and the correct application of the unique facts of each case, and effective settlement and litigation strategies.
Montlick and Associates represents injury victims throughout the Atlanta metro area, surrounding suburbs and entire State of Georgia in a wide array of personal injury cases including:
Auto Accident Claims: Crashes involving motor vehicles are the leading cause of personal injury in the U.S. Many Atlanta car accidents are caused by drunk drivers, distracted drivers, speeding drivers, tailgaters and other drivers engaged in negligent (i.e. unreasonably unsafe) driving practices. Motor vehicle accidents can result in injuries that adversely impact every aspect of an auto accident victim's daily life. When Atlanta drivers disregard traffic safety laws or fail to pay attention to their driving, the results can be life-altering collisions. Our Atlanta auto accident attorneys represent clients in all types of auto accidents with the goal of obtaining the maximum compensation possible for our clients so that they can rebuild and preserve their family's standard of living.
Slip and Fall Accidents: When you visit an Atlanta grocery store or department store, it is not likely that you worry you will be injured in a fall. Unfortunately, people slip and fall and trip and fall in businesses throughout Atlanta on a daily basis. Many of these Atlanta slip and fall accidents in malls, grocery stores, convenience stores, department stores, restaurants and bars could be prevented with better designed maintenance and janitorial practices or by following the policies in place. When the owner of a commercial, residential or public property fails to provide adequate warnings of potential slip and fall hazards or fails to make the conditions safe, it can result in serious falls that result in head injuries, such as concussions and traumatic brain injuries or broken bones. The elderly are most likely to be injured in a slip and fall accidents, which can result in hip fractures that involve long periods of rehabilitation. Our Atlanta slip and fall accident attorneys have experience analyzing the practices and procedures of property owners designed to prevent slip and fall accidents. We are committed to developing an effective strategy for our clients injured in slip and fall accidents in Atlanta.
Construction Accidents: The construction industry is historically one of the leading occupations for on-the-job injuries that result in permanent disability or wrongful death. There are many regulations at the federal and state level designed to prevent injuries to those on construction sites, but sometimes companies working on construction sites fail to comply with these regulations because of costs or time pressure. When safety is made secondary to profits in an Atlanta construction site, it can mean serious injuries that result in disability from employment amid mounting medical bills. Our dedicated and experienced Atlanta construction accident attorneys may be able to pursue both a workers' compensation claim against one's employer and a personal injury claim against third parties who contribute to our client's injuries.
Nursing Home Abuse and Neglect Claims: When our loved one's become seniors, it is natural to want their "golden years" to be truly golden. This can be difficult because sometimes aging takes a toll on seniors that results in declining mobility as well as medical conditions like dementia and Alzheimer's that may impair their physical and mental faculties. The decision to entrust a loved one's daily care to an Atlanta nursing home can be fraught with danger. Nursing homes in Atlanta as well as those throughout the state are often drastically understaffed. When this understaffing is compounded by other cost containment measures, it can mean seniors are injured by negligent trip and fall accidents, sub-standard medical care, intentional physical and sexual abuse or chronic neglect. At Montlick and Associates, our Atlanta nursing home abuse attorneys are dedicated to holding nursing home staff and management accountable when they fail to fulfill their obligation to provide a clean safe living environment for seniors. If your loved one has been injured by Atlanta nursing home abuse or neglect, our knowledgeable Atlanta nursing home neglect and abuse attorneys may be able to help.
Tractor-Trailers, 18-Wheelers and Commercial Truck Accidents: The term "minor Atlanta trucking accident" is an oxymoron. Virtually any collision involving vehicles where one outweighs the other by a factor of more than 25 times may result in disastrous consequences for the occupants of the lighter vehicle. Despite significant regulation of the trucking industry at both the state and federal level, commercial trucks (i.e. 18-wheelers, tractor-trailer combinations, big rigs) still account for a disproportionate number of collisions that cause permanent disability and fatalities. Often Atlanta tractor-trailer accidents are caused by the failure of the truck driver to comply with safety regulations aimed at preventing accidents caused by driver fatigue, drunk driving, drugged driving, speeding, unsafe loads and other preventable causes of Atlanta trucking accidents. This failure to comply with commercial trucking regulations often occurs with the tacit approval or overt consent of a trucking company intent on increasing revenue. If you or someone you love is injured in an Atlanta trucking accident, our Atlanta tractor-trailer accident attorneys at Montlick and Associates have been investigating trucking accidents and exposing unethical practices by trucking companies in an effort to seek the best possible outcome for our Atlanta trucking accident clients.
Pedestrian Crosswalk, Sidewalk and Parking Lot Accidents: When pedestrians must walk in close proximity to motor vehicles, the risk of serious injury caused by driver error or indifference is substantial. When Atlanta urban planners fail to take adequate steps to provide barriers that separate pedestrians from motorists, the probability of a pedestrian accident on Atlanta streets and roadways increases dramatically. In a recent study of major metros, Atlanta was ranked as the 11th most dangerous city for pedestrians. When you or someone you love is injured while walking or jogging in Atlanta or surrounding suburban cities, an unsafe driver that strikes a pedestrian and/or the city that fails to develop or maintain a safe roadway may be liable for any resulting injuries. Our Atlanta pedestrian accident attorneys have been helping accident victims since 1984 by seeking the compensation they need to move past their Atlanta pedestrian accident.
Dog Bites, Maulings and Attacks: The law imposes a high duty on dog owners to control their dog to prevent injury to others. This duty may be based on prior knowledge of a dog's vicious tendencies, violation of a local leash law ordinance or negligence by the dog owner. While many dog bites result in minor injuries, some Atlanta dog attacks may result in severe disfigurement requiring reconstructive surgery, broken bones or fractures and even fatal dog maulings. If you are seriously injured because of the failure of an Atlanta dog owner to control their dog, our experienced Atlanta dog bite attorneys at Montlick and Associates offer a free consultation so that we can evaluate your Atlanta dog attack claim.
Wrongful Death Accident Claims: The loss of someone you love can result in overwhelming grief and anxiety, but these emotions can be even more intense when your loved one's death is caused by the irresponsibility of a drunk driver, violation of safety rules by a construction company or poor quality control standards of a product manufacturer. When a loved one is lost to the negligent, reckless or intentional acts of an individual, business or public entity, it can mean intense hardships for the victim's family. Medical bills, burial related expenses and a loss of household income can compound these hardships by crippling a family financially. If you have lost someone you love to the carelessness or intentional criminal acts of a third party, our experienced Atlanta wrongful death attorneys may be able to seek damages that would have been available had your loved one survived as well as compensation for your own losses resulting from your loved one's death.
Workers' Compensation Representation: Most employees of Atlanta businesses presume that their job will provide the financial means to care for their family, but when an employee suffers a job related injury, it can mean the loss of income and daunting medical expenses. Our Atlanta workers' compensation attorneys at Montlick and Associates are committed to guiding injured employees through the complicated process of a successful workers' compensation case. Our Atlanta workers' compensation attorneys offer legal representation to those suffering job related injuries in Atlanta and the surrounding cities in a wide range of occupations including construction, manufacturing, agriculture, administrative services and most other industries.
Product Liability Claims: For many parents, their worse nightmare is the notion of walking into a room to find their small child choking because they have swallowed a small part of a toy. This nightmare is a reality for many parents each year whose children are injured by unsafe toys that often are imported by toy distributors in the U.S. from foreign countries with poor safety standards. These hazards are not limited to children; every year thousands of people are injured by unsafe products that were not properly tested or subjected to quality control standards before being marketed to unsuspecting consumers. There are many types of unsafe products that may cause injury to consumers including children's toys and clothing, consumer electronics, defective motor vehicles and components, portable heaters and a multitude of other products.
Motorcycle Accident Claims: While motorcycles are an increasingly popular way to avoid the gridlock of Atlanta traffic, unsafe drivers of cars, trucks and SUVs continue to cause serious injury and fatalities to those who ride motorcycles for commuting or recreation in Atlanta. Motorcyclists are placed at much greater risk by unsafe drivers because of the lack of stability and handling of motorcycles which often results in permanent disability because bikes offer virtually no protection from injury. While motorcycles are allowed to lane split, many drivers of passenger vehicles fail to check for motorcycles when changing lanes. While the majority of motorcycle accidents result from driver error, they may also be caused by faulty motorcycle components or roadways with unsafe hazards. If you are injured in an Atlanta motorcycle accident, our experienced Atlanta motorcycle accident attorneys at Montlick and Associates have been seeking compensation for Atlanta motorcycle accident victims since our firm was founded in 1984.
Know your legal rights! Whether you are injured by the negligent, reckless or intentional misconduct of a third party, speak to an experienced Atlanta personal injury attorney at Montlick and Associates. Call us today for your Free Consultation. 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Social Networking Sites Impact Car Accident Claims in Atlanta, Georgia
Social network sites are growing at a phenomenal rate and the trend toward detailing one’s daily activities for the world to see is starting to have a significant impact on car accident and personal injury claims. Over 25% of all internet users visit social networks like Twitter, Facebook and MySpace at least once a month. 33% of internet users have made a purchase based on social networking sites.
The tendency of plaintiffs to provide constant details about one’s daily activities on social network sites is starting to have a negative impact on civil litigation where people have suffered injuries due to the negligence of another person. Montlick & Associates, Attorneys at Law is advising all potential or existing accident clients to avoid posting, discussing or commenting about anything regarding their accident. Any post or update (whether made visible publicly or not) on social media websites can and will be used against you.
Private investigators, insurance companies and defense lawyers are increasingly looking to social networking sites for information about plaintiffs in personal injury cases.
Insurance companies and investigators are searching social network sites looking for information to help build a defense or reduce potential damage claims. They may look for information about how an accident happened and who caused it, including an admission by the injured person that he or she was at fault. Insurance companies also look for information posted on social networking sites that can be used to undermine the credibility of a plaintiff by contradicting the injured person’s version of how the injuries occurred. In other cases, information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look less sympathetically at the plaintiff.
Some examples of the impact of a plaintiff’s social media posting are provided below:
- A woman claimed she was disabled but a judge admitted Facebook photos of the woman dancing.
- An insurance company downloaded and introduced Facebook video of a woman doing the limbo on a cruise after she claimed she could not work because of a back injury.
- A judge ordered that information regarding the frequency of one’s Facebook use be introduced where the person claimed brain injury.
In other cases, the information on a plaintiff’s social network page may be used simply to embarrass the plaintiff and make the jury look at the plaintiff less sympathetically. The insurance company may look for information to show the plaintiff is a “bad person” by showing the plaintiff doing something illegal or immoral. While such evidence is not always admissible under Georgia personal injury law, the defense may try to use it to make the jury view the plaintiff in a more negative light.
Conversely, Montlick & Associates may use information posted to the general public on a website by the defendant in a car accident case. Here is an another example of how a social media site posting was used by a court: A woman who was involved in a car accident while under the influence of alcohol was involved in a fatal accident in which her boyfriend was killed. The judge had decided to treat the woman as a juvenile meaning less harsh sentencing and post-conviction consequences. The judge discovered a picture taken of the woman during a Florida vacation several months after the accident captioned “Drunk in Florida.” The judge was so disturbed by the picture he decided to sentence the woman as an adult. It is reasonable to assume that a civil jury might also be inclined to consider such photos when deciding on damages including punitive damages.
The experienced car accident attorneys at Montlick & Associates, Attorneys at Law advise their clients to stay away from their personal blogs and social media sites in the wake of being injured in an accident. Any pictures or content that could portray the plaintiff in a negative light should be pulled down from social media sites. However, it is not enough simply to pull the information down from one’s own social media site. The plaintiff also should have all online friends purge the plaintiff from their accounts. If a plaintiff’s photo is tagged, it is still accessible by searching.
Put Our 34 Years of Legal Experience to Work For Your Case Today!
At Montlick & Associates, Attorneys at Law, our Atlanta, Georgia Car accident lawyers have been representing those injured or killed in auto, truck and motorcycle accidents throughout the State of Georgia for over a quarter of a century. If you or someone you love has been involved in a serious accident with a drunk driver, you should contact us today for a free consultation. We are available to assist clients throughout all of Georgia including, but not limited to, Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities, towns and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are, we are just a phone call away and we will even come to you.
Montlick & Associates, Attorneys at Law 17 Executive Park Dr NE Atlanta, GA 30329 (404) 529-6333 (800) LAW-NEED Hours: Open Today · Open 24 hours
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.