Georgia Personal Injury Law Blog

By Montlick & Associates

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


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.

Winning Damages In Georgia for Injuries When No One Can Figure Out What Happened

March 23, 2018

The legal doctrine of Res Ipsa Loquitur Survives Helps Victims Obtain Compensation in Tough Cases in Georgia

Sir Isaac Newton’s laws of physics helps us understand the world around us. He developed theories to explain what we see, feel, and experience by putting into words how the physical world works.  One of the maxims Newton espoused is that every “to every action, there is an equal and opposite, or contrary, reaction.” Most people are familiar with the concept even if they did not study advanced physics. In Georgia accident cases, whether in car accidents, slip and fall cases, or severe injuries that occur on a worksite, the injuries the victim suffered would be the “reaction” from Newton’s maxim. Sometimes, however, determining the “action” or the cause of the incident may be next to impossible. The legal doctrine of Res Ipsa Loquitur can take the place of evidence of wrongdoing that will help explain why the victim suffered his or her injuries, although it can only be used in rare circumstances.

Autonomous Vehicles Under Heavy Scrutiny After Fatal Crash With Bicyclist

March 23, 2018

The Personal Injury Lawyers Montlick & Associates Express Concern About Self-Driving Autos 

Tragedy struck in Tempe, AZ late Sunday, March 18, 2018, when an autonomous Uber vehicle struck and tragically killed a 49-year-old woman riding a bicycle. The woman tried to cross the street in front of the self-driving car. Although the Uber vehicle’s self-propelled mode was engaged, a vehicle safety monitor sat in the driver’s seat. As a result of this tragic event, Uber suspended its autonomous vehicle program and the National Transportation Safety Board activated its emergency response team to investigate the cause of the crash. Law enforcement officers from the Tempe police department and the Maricopa County Attorneys Office have also initiated an investigation to determine the cause of the fatal bicycle accident.

Atlanta Cruise Ship Injury Attorneys Discuss Cruise Ship Death Cases

March 22, 2018

Our attorneys discuss a relevant story involving how cruise ship companies can be negligent for the injury or death of a passenger. A 32-year-old Decatur, GA man allegedly fell into the sea below while on a cruise ship, according to WSBTV. The missing man was cruising on a Carnival Cruise line ship which had departed from Port Canaveral, FL and was heading to Nassau, Bahamas. The ship was in the Bahamas when the incident occurred. The man remains missing and is presumed lost at sea despite the cruise ship's effort to locate the man. The United States Coast Guard also assisted with the search. Investigators are not saying at this point whether this tragedy was a suicide attempt, a mishap or a type of prank.

Key FAQs Georgians Should Know about Intoxicated Driving Accident Claims

March 22, 2018

As the summer approaches, there will be many parties to celebrate graduations and some of the biggest holidays of the year. One of the legal issues that arises this time of year is Social Host and Dram Shop Liability. If you teenage driver is has been injured or killed in an alcohol-related accident, we invite you to contact our Atlanta personal injury attorneys for your free consultation. Our attorneys are here to answer your questions and advise you of your legal rights and remedies under Georgia's Dram Shop Act.

Cell Phone Users Involved in an Accident Should Suffer the Consequences

March 21, 2018

While the use of cell phones while driving is still legal in certain states, if a driver is responsible for an accident while talking on that phone they should be prepared to suffer the consequences. In some studies show that using a cell phone renders drivers four times as likely to be involved in a crash. Many of those who study automobile accidents believe car collisions involving cell phones are vastly under-reported in national statistics. This is likely due to the fact that unless there were actually witnesses who saw the negligent driver talking on a cell phone, the driver is unlikely to admit that fact following a collision.

The Importance of Verifying the Accuracy of Car Accident Reports

March 21, 2018

When a driver calls 911 to report an accident to the police, they might assume that the accident report will be an accurate reflection of what actually transpired. While police officers that investigate collisions involving motor vehicles generally have extensive experience collecting physical evidence, interviewing witnesses and otherwise gathering information included in a Car Accident Report, this does not guarantee that such reports are completely accurate. The investigating officer may extrapolate from the physical evidence or factual accounts received and draw mistaken conclusions about which driver caused the collision.

Georgia Personal Injury Attorneys Discuss The Defense Of Sudden Emergency

March 20, 2018

Insurance defense attorneys devise crafty arguments in an attempt to win a case outright or to reduce the amount of damages their client must pay to a personal injury victim. One argument that insurance defense lawyers try to use is called the "Sudden Emergency Doctrine." The insurance company cannot use this argument in every case, but they try to use it as often as they can. As successful and experienced Georgia personal injury lawyers, our experience, and knowledge of the law helps us successfully counter those arguments because we can anticipate when the defense will make them and prepare the appropriate counter-arguments based on the facts. 

Premises Liability When You Are at a Private Residence in Georgia

March 20, 2018

Premises Liability Lawyers in Georgia Discuss Injury Claims at Private Residences in Georgia

When we think of slip and fall cases, or other forms of premises liability we typically imagine that they are happening at a shop or other business. The classic slip and fall example is likely a wet floor at a grocery store. But what happens if you are at a private residence when you are injured? Is your friend, neighbor or relative liable if they created or failed to remedy a dangerous situation? In some cases, they are.

Complex Challenges for Injured Passengers in Carpool Accidents

March 19, 2018

Atlanta Auto Collision Lawyers Discuss the Complex Challenges for Injured Passengers in Carpool Accidents 

There are many people that rely on carpools when commuting to work or transporting kids to school to avoid traffic, increase productivity during their trip, promote fuel efficiency, or a variety of other reasons.  While carpools offer many benefits, they also can result in car accidents that cause serious injury or even wrongful death.  When you are involved in a carpool accident, the process of seeking legal compensation can depend on a variety of factors.  Our Atlanta auto collisions lawyers discuss the special issues involved in personal injury claims involving injuries incurred by passengers in carpools.

Georgia Legislature Questions the Wisdom of Passing Law Prohibiting Texting While Driving

March 19, 2018

Georgia Distracted Driving Accident Attorneys Discuss the Potential Ramifications if the Measure Does Not Pass

Georgia House Bill 673, which passed Georgia's House of Representatives in a landslide vote after amendment, appears to have staunch opponents going forward. According to the Atlanta Journal-Constitution, Georgia's five Republican candidates for governor along with several other legislators oppose House Bill 673. The opponents to House Bill 673 claim that the law is nothing more than another instance of "Big Brother" invading our personal space and telling us how to act, but the fate of House Bill 673 is in the Georgia Senate's hands.

Over-The-Counter Medications Can Lead To Impaired Driving

March 18, 2018

A popular misconception exists about the effect over-the-counter medicines can have on a motor vehicle operator. Most people do not consider over-the-counter drugs to have the ability to impair a driver. However, numerous over-the-counter medicines can make a driver drowsy. Motorists who fail to pay close attention to the medicines they take and how those drugs can affect a person's ability to drive safely endanger those on the road with them. The impaired driving accident lawyers with Montlick & Associates, Attorneys at Law exhaust their extensive knowledge of the law to uncover causes of accidents in the appropriate cases, including drivers who are impaired by medication they bought without a prescription.

Going Beyond the Medical Bills: Pain and Suffering In Georgia Personal Injury Actions

March 18, 2018

Georgia Accident Attorneys Explains Emotional Damages in Georgia Personal Injury Claims

Georgia law permits lawyers to argue to a jury that their clients should receive compensation for their pain and suffering. The law allows attorneys in personal injury lawsuits to argue that the jury should consider the effect that the incident had on the plaintiff. That goes beyond calculating all of the “special damages,” such as medical bills and lost wages, along with direct and consequential damages. Assessing damages for pain and suffering requires juries to consider how the car accident, or another traumatic incident affected the plaintiff and the plaintiff’s family. Pain and suffering damages are meant to quantify damages that cannot be itemized, such as medical bills or lost wages. The question of how much pain and suffering a jury might award could come down to the difference between the accident victim’s life before and after the incident, taking into consideration the psychological pain the victim suffered as well as how the victim’s injuries affect their life. 

Insurance Company Advises Customers How To Avoid Liability For Accident

March 17, 2018

Insurance Company Tactics Used to Reduce the Amount of Your Claim, Settlement or Potential Award

Car insurance is big business in the U.S. Over 268 million cars, truck, vans, SUVs, and commercial vehicles were registered in 2016 in the U.S. Multiply that number of registered vehicles times the average insurance premium, and it is easy to see that there is much money to be made. The basic economic model of an insurance company is to receive more money in premium payments than paying out in claims. Thus, auto insurers have an incentive to lower the amount of money they pay out in liability. It stands to reason that they might "coach" their customers how to mitigate the company's losses.

Ford Issues Urgent Recall of 1.4 Million Cars Over Threat of Steering Wheel Falling Off

March 17, 2018

Ford Motor, Inc.announced that it is recalling 1.4 million vehicles due to possibility that the steering wheel could fall off while the car is in motion. The motor vehicles included in the recall are the Ford Fusion and the Lincoln MKZ from the years 2014-2018. Nearly all of the affected cars are in the United States. According to Ford, 1.3 million recalled vehicles were sold in the U.S. The problem to be addressed by the recall has already caused injuries as well as property damage. Thankfully, no deaths have been reported yet.

Psychological Trauma Associated with Severe Facial Injury or Disfigurement

March 16, 2018

Georgia Facial Scar Accident Attorneys Address Psychological Trauma Associated with Severe Facial Injury or Disfigurement

Our face and our physical appearance make a statement to all who see it. Unfortunately, we know others can judge us by our physical appearance. For people who have been scarred in an accident, the emotional and physiological trauma can be so great that they feel like others constantly scrutinize their appearance. Their scar tells a story, whether they want it to or not. A prominent scar will draw undesired attention from others. This harsh reality makes it difficult for the person who must now try to live with the scar and to deal with it in a healthy way so they can hopefully lead an as normal and productive life as possible. It is not always easy.

Georgia Spine Injury Lawyers Describe Spinal Cord Injuries Suffered in Car Crashes

March 16, 2018

Montlick & Associates Spinal Cord Injury Attorneys Aggressively Advocate for Paralyzed Auto Accident Victims

Despite the latest technology in the last few decades such as airbags, crumple zones, and crash avoidance systems, people will get hurt or killed in car wrecks. Motor vehicles colliding at high speeds with another vehicle or another object impart tremendous force and strain on the occupants of the vehicle. The human body can withstand a tremendous pounding. However, the body can and will break. The force created during a car crash propels the occupants’ heads and bodies around the vehicle’s interior. The momentum of the collision on the human spine can cause it to stretch and even rupture which causes a spinal cord injury.

Think Missing a Couple of Hours of Sleep Per Week is No Big Deal? Think Again.

March 15, 2018

Atlanta Tired Driver Accident Lawyers Montlick & Associates Describe the Dangerous of Fatigued Driving

The American Automobile Association, perhaps better known as AAA, released its findings in February 2018 from a study it conducted regarding the frequency of fatigued drivers and the correlation to motor vehicle crashes. Federal agencies such as the National Highway Traffic Administration track fatigued driving as well. However, AAA found that the incidence of fatigued driving accidents is much higher than initially reported and is the most underreported cause of a motor vehicle crash.

Question of Liability - Injuries Sustained After a Fall in a Hotel Tub

March 15, 2018

Georgia Slip and Fall Attorneys Montlick & Associates Addresses Question of Liability

A case decided in the First Division of the Georgia Court of Appeals could limit a hotel's liability for dangerous conditions that caused a slip and fall. The decision came down on February 1, 2018. At first glance, the decision may seem to excuse hotels from responsibility for damages a guest suffers after falling on the hotel premises. Georgia law will allow the hotel guest to recover damages, but the hotel guest must prove that the fall was more than an accident.

Georgia Car Crashes Caused by Damaged Tires

March 14, 2018

Georgia Car Accident Attorneys Representing Victims of Crashes Caused by Damaged Tires

Georgia law requires all motor vehicles operating in Georgia must have tires that are in good repair. Failing to maintain tires properly is a motor vehicle offense under Georgia law because balding or damaged tires create dangerous conditions for all other motorists on the road. A balding tire could easily wear out at the wrong time and explode. The rapid loss of air pressure in the destroyed tire might throw the car violently around. The sudden loss of air could cause the driver to lose control, which, in turn, could cause in a serious accident that might result in substantial injuries or death to the innocent victims of the other vehicles involved in the crash. Even tires with low air pressure do not allow for safe operation of the vehicle.

The Threat of Fire Forces BMW to Recall some of its Most Popular Vehicles

March 14, 2018

Georgia Recall Attorneys Warn that BMW Drivers Must Get Repairs Before Tragedy Strikes

According to a recent recall notice issued by Bavarian Motor Works, better known as BMW, 1.4 million cars need to have repairs to prevent the car from catching fire. BMW suggests that drivers of BMW vehicles should not use their garages or park them inside until the car has been repaired. Two problems surfaced requiring the recall. BMW owners and lessees received information that the repairs would begin in mid-December of 2017. No owner has claimed damage nor have any injuries been reported.  BMW appears to have escaped without further liability for consequential damages to this juncture. However, the threat remains active until all affected cars receive the necessary repairs.

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Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.