January 31, 2010

Head-On Collision in Palmetto Could Have Resulted In Death

As Georgia injury lawyers we see all types of automobile accidents and truck accidents but yesterday's collision in Palmetto, Georgia between a Ford Mustang and a Dodge four-wheel drive pickup truck came close to becoming a wrongful death case.

The collision between the two vehicles occurred on U.S. Highway 29 at about 7:15 a.m. According to Palmetto police, the driver of the Dodge truck, crossed over the centerline of the highway into the northbound lane and collided head-on with the Ford Mustang. Because the Dodge truck was jacked up so high, it literally rode over the Mustang and came to rest on top of it. Fortunately, neither driver had any life-threatening injuries.

The Georgia injury lawyers at Finch McCranie, LLP have been representing the victims of serious injury accidents for over 45 years. We have also represented families of victims involved in motor vehicle collisions which have resulted in the death of their loved ones. If you or a loved one has been injured as a result of the negligence of others, call us today to discuss your rights.

January 30, 2010

Driving While Texting May Soon Be Illegal In Georgia

The Georgia injury lawyers at Finch McCranie, LLP commute into the City of Atlanta everyday. In doing so, it is astounding to see how many people are sending text messages on cell phones, Blackberries and other PDA’s while driving. Many of these drivers cause automobile accidents, truck accident, bus accidents and even motorcycle accidents which result in serious injuries and sometimes the wrongful death of innocent victims.

Texting while driving is a rising problem among teenagers and adults and is a leading cause of traffic accidents. When someone texts while driving, they are endangering their own lives as well as other drivers and pedestrians they may pass. Last week two members of the Georgia House of Representatives introduced Bills that would ban the practice of texting. If a Bill passes, Georgia would be the 20th state in the nation including North Carolina and Tennessee, to ban texting while driving. Just today I read that similar legislation is being proposed in South Carolina and it is expected to pass.

If you or a loved one has been injured in a motor vehicle accident as a result of the negligence of a driver who was texting or operating other communication devices, call the Georgia injury lawyers at Finch McCranie, LLP who have been representing injury victims for over 45 years.

January 29, 2010

Unprecedented Dangerous Product Recall

The Georgia injury lawyers at Finch McCranie, LLP have seen our share of dangerous products recalled for one reason or another; however, last week's recall of numerous Toyota models of automobiles and trucks probably sets a new record. In late 2009, Toyota issued a recall of 4.2 million vehicles because it was thought that they could interfere with the gas pedal and cause sudden acceleration. Now Toyota has issued a recall affecting 2.3 million vehicles and has suspended the sale of eight models, including their most popular model, the Camry, over faulty gas pedals that could stick and cause unexpected acceleration and result in an automobile accident.

Toyota is working with CTS Corp., which manufactures gas pedals for Toyota, to redesign the pedals and to find a remedy for what is believed to be a condensation problem which can cause the pedal to move slowly or in some cases get stuck.

In the meantime, there are thousands of potentially dangerous vehicles of the road which could suddenly accelerate and cause serious injuries to the occupants and others or even cause the wrongful death of innocent people.

If you or a loved one is injured as a result of the sudden acceleration of a Toyota product, call one of the Georgia injury lawyers immediately for a free consultation. In all of these cases, it is crucial that the automobile be preserved so that it can be inspected by experts.

January 28, 2010

A Rear-End Automobile Crash Can Produce Serious Injury

Georgia injury lawyers that handle automobile accident and trucking accident cases know that a rear-end collision is no laughing matter. Although the term “whiplash” immediately evokes a negative reaction, it is a serious, painful and many times a permanent injury. Unfortunately, a rear-end crash can, and often does, result in disc herniation and other spinal injuries. In some cases such a collision can result in a brain injury if the head strikes a solid object such as a rear window in a pickup truck.

The experts will tell you that a rear-end crash can cause the occupants in the vehicle that is struck to propel their heads forward at a speed that is 10 times or greater than the force of gravity. Rear-end crashes can cause back injuries, neck injuries, shoulder injuries, whiplash, cervical spine injuries, disk injuries, nerve injuries, joint injuries, ligament injuries, and other serious injuries. Anyone who has had one of the injuries, knows that they are very painful and debilitating. A rear-end car crash victim may have to undergo surgery, take pain medication, and spend months in physical therapy.

If you or a loved one have been injured as a result of being rear-ended in a motor vehicle collision, call the Georgia injury lawyers at Finch McCranie, LLP who have been represent victims of these crashes for over 45 years.

January 25, 2010

Georgia Motorcycle Accident Attorneys Sometimes Need To Be Creative To Obtain Full Compensation

Georgia injury lawyers know that when there is a motorcycle accident, the injuries are usually serious. Motorcycles are by their very nature far less crash worthy than closed vehicles and crashes frequently result in catastrophic injuries or death. In 2000, I spent two weeks in the trauma unit of the Orlando Regional Hospital (a fantastic hospital) where my daughter was a patient. Throughout the day and night, helicopters landed on the roof with critically injured motorist, most of which were involved in motorcycle crashes. Sadly, many died as a result of brain injuries and other serious injuries.

Recently, I went to the Georgia DOT website to locate some recent statistics on motorcycle crashes. For reasons unknown to me, the latest posted data was from 2003. According to their study:

. There were 2,851 total motorcycle crashes, 2123 involving injury crashes, and 101 fatal crashes.
. Motorcycle crashes accounted for 7% of traffic fatalities, but only about 1% of the crashes.
. Of all motorcycle riders in crashes, 56% had at least visible or more severe injuries compared to only 4% of passenger cars occupants involved in a crash.
. Males represented 87% of the injuries and fatalities in motorcycle crashes.
. Motorcycles made up 2% of all registered vehicles.
. Half of the motorcycle operators (50%) involved in fatal crashes did not have a valid Class M license or permit.
.
Because of the seriousness of the injuries sustained in motorcycle accidents and because many of the motorist who cause these accident are under-insured, Georgia injury lawyers need to be creative when representing riders. It is imperative that the victim’s attorney examine all potential avenues of recovery so that the client can be fully compensated. Other areas to review include failure of the motorcycle’s mechanical systems, failure of other motorcyclists to observe the motorcyclist, failure maintain the roadway and debris on the roadway from trucks, including tire tread separation.

If you or a loved one have been injured in an automobile accident, truck accident or motorcycle accident, consult the Georgia injury lawyers at Finch McCranie, LLP. Our firm has been representing personal injury victims for over 45 years.

January 25, 2010

“Distraction Driving” Equals Dangerous Driving

The statistical evidence regarding automobile accidents continues to demonstrate that drivers who are distracted while driving are dangerous drivers likely to be involved in accidents. Texting while driving, using cell phones while driving and other distractive driving problems continue to cause more and more accidents on our highways and more and more injuries to innocent third parties endangered by such conduct.

According to the National Highway Traffic Safety Administration in 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals died. Sixteen percent (16%) of the total fatalities were due to driver distraction. The proportion of drivers reportedly distracted at the time of the fatal crashes increased from eight percent (8%) in 2004 to eleven percent (11%) in 2008. This is hardly surprising because more and more drivers are using their cell phones and are texting while driving. Drivers under the age of 20 had the highest proportion of distracted drivers involved in fatal crashes according to NHTSA sixteen percent (16%). Again, this statistic is hardly surprising because those who seem to use their cell phones the most and/or text while driving are the younger drivers on the road.

Of the 1,630 injury crashes reported throughout the United States, NHTSA estimates that an astounding twenty-one percent (21%) involved distracted driving.

Many states have banned the use of handheld devices while driving. These include California, Connecticut, New Jersey, New York, Oregon, Washington and the Virgin Islands. A texting ban exists Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Virginia, Washington and Guam. Notably, no such ban for either form of distracted driving exists in Georgia.

Based on the statistical evidence released by NHTSA, it is clear that the Georgia Legislature should enact laws to protect innocent members of the motoring public from distracted drivers. Until and unless such legislation is enacted, this problem will likely continue to mount and more and more innocent third parties will either be killed or seriously injured by such conduct. Stop if you are doing either!

January 24, 2010

Toyota’s Sudden Acceleration Problems Mount

Last fall Toyota announced the largest auto recall in U.S. history after numerous sudden unintended acceleration accidents were reported, many of which resulted in fatalities. Now, Toyota has announced an additional recall of 2.3 million vehicles to correct this same problem. Why the additional recall? It appears that Toyota is doing so because ABC News is soon to report an increase in sudden acceleration cases since the recall last year. According to news reports, there have been 60 new cases of sudden unintended acceleration cases involving Toyota vehicle.

In one tragic occurrence outside of Dallas, Texas, four people were killed when a Toyota sped off the road through a fence and landed upside down in a pond. Even though Toyota has long blamed maladjusted floormats for the unintended acceleration problem, however, in this particular accident, the floormats were found in the car’s trunk where the owners had been advised to put them as part of the earlier recall. Thus, the evidence continues to mount that this problem with Toyotas is not caused by floormats but rather by onboard computer glitches and other engineering issues.

While we are pleased that Toyota has finally recalled its dangerous products, obviously, it is disturbing that Toyota refused to do so earlier for all affected vehicles. From the reported news coverage, had it done so, it may be that an additional 60 cases involving injuries and/or fatalities may have been avoided.

January 22, 2010

Should I Settle My Personal Injury Case?

This is a question that we are asked by virtually every client in every case we have. The answer is that if a settlement offer is made which is approximately equal to what one can expect to receive at a jury trial then the case should be settled. In other words, there would be no need for a jury trial because the settlement offer being made is approximately what one would likely receive in front of a fair and impartial jurors. If the offer is below what one is likely to receive from fair and impartial jurors then we recommend that clients not accept the settlement offer. Obviously, if the offer is above what we reasonably believe a fair and impartial jury would award in a particular case, we recommend that our client accept such an offer.

It is not always easy to predict what a fair and impartial jury would do with a particular case. The nuances and unique facts of any case obviously influence claim evaluation. If liability is strong and if damages are good and the client otherwise makes a favorable impression, such a case has a greater settlement value than does a case where there are liability issues, damage issues and/or client problems. As always, the facts are key but sometimes the law as it pertains to the unique facts involved will dictate as well the outcome of the case and/or the evaluation of a particular claim.

Sometimes the law is not favorable to a particular position that a party has in litigation. The less favorable the law to their position, the less valuable the claim from a claim evaluation standpoint. In those cases where a client has been victimized by the negligence of a third party, they are truly innocent in the premises and their damages are clear and easily proven, such a case has greater settlement value than does one where the damages may be attributable to acts other than the negligence, there is contested liability based on the facts and circumstances of the case and/or the client’s expectations are unreasonable or they do not make a very positive impression and thus a jury may not like them.

What we try to do in representing our clients is to make sure that their cases are presented in the best light possible so that we can get the best possible result for them. If an offer is made that is equal to what we believe a fair and impartial jury would award, we always recommend that such a client consider such a settlement proposal assuming it is made. Of course, it is the client’s ultimate decision whether they wish to settle or rely upon fair and impartial jurors to resolve their case. Going to trial can be a gamble because oftentimes one can get a lesser verdict than they would have obtained via settlement. If the client is fully informed of these risks and nonetheless wishes to go to trial, sometimes the award obtained is higher than one might otherwise obtain through settlement. As long as the client is fully informed of their options and counsel is fully prepared to present the strongest case possible to the jury, the client should be advised that a jury trial is an option that they should consider, however, in weighing their options, if the offer made is reasonable and is likely to approximate what a fair and impartial jury might award, then in that event, we always recommend that our clients consider such a settlement offer while deferring to their discretion whether they wish nonetheless to accept the risk of going forward to a jury trial.

January 22, 2010

Teen's Alledged Reckless Driving Resulted in Death Of Student

An automobile accident in Dekalb County, Georgia has claimed the life of a young woman this week, Dekalb County police officials have reported that charges are pending against 17-year-old Shaeed Saunders stemming from the death of Tanesha Williams - age 14. Authorities have reported that on Wednesday, Saunders was attempting to pass another vehicle around a curb at a high rate of speed when he lost control of his vehicle, ran up on the sidewalk and struck Williams and 2 other students. The 2 students were injured but are expected to recover. The collision occurred near Stone Mountai High School where Saunders was a student.

The Georgia injury lawyers at Finch McCranie, LLP have represented the families of victims of automobile accidents, trucking accidents , motorcycle and and bicycle accidents and pedestrian accidents who have died as a result of the negligence of others for over 45 years. If you have lost a loved one as a result of the negligence or carelessness of someone, call us today for a free consultation.

January 21, 2010

Mediation: How It Works

Mediation can be employed at any stage of a civil dispute. It can occur before or after a lawsuit is filed. Our experience at this firm has typically been that mediation occurs after a lawsuit is filed and after the parties have become well acquainted with the strengths and weaknesses of both sides of the dispute. Once the parties have access to all the operative and materials facts via written discovery and depositions, it is not uncommon for one party to suggest a mediation of the dispute.

Once mediation is agreed upon, a third party neutral or mediator is selected to preside over the mediation session. The third party neutral is typically an experienced attorney or judge who has experience with the type of dispute at issue. Whether the case involves medical malpractice, products liability, wrongful death, a tractor-trailer accident or other personal injury claim, typically, one tries to select a mediator who has extensive experience in such a case. The parties then appear jointly at a prearranged mediation conference after which time the mediator takes over as a presiding third party neutral.

The role of the mediator at the mediation conference is to facilitate settlement negotiations. The mediator typically listens to both sides summarize their respective contentions and then the mediator meets privately with each side trying to get one side to make an offer and the other side to make a counteroffer thereto. During the negotiation process the mediator probes the weaknesses and strengths of each side and encourages both sides to be open minded always agreeing to compromise their respective positions. Any successful mediator or third party neutral tell both sides that in order for a settlement to occur both sides have to negotiate in good faith and have to agree to compromise, that is accept less than what they would ideally want but nonetheless try to reach a good faith compromise agreement to resolve the dispute.

Typically, at our firm, as long as the mediator is qualified, we allow the defense to select whom ever they wish. Our logic is that if the defense selects a mediator, by definition, they must have confidence in his or her abilities to evaluate a claim. We always agree to whomever the defense selects because we are confident that we can convince a neutral third party mediator of the strength of our case and thus, if they accept our position, they will be able to successfully advocate to the other side who selected them that they should reconsider their position and increase their settlement offer.

Some mediators are better than others either due to experience and/or personality. When an experienced mediator gets involved in the process, we have found that between 80 to 90 percent of the time a case does settle at mediation. This is a very good track record which indicates that when both sides have access to all of the material facts that are needed to evaluate a claim and when both sides are assisted by a third party neutral, the chances of a successful settlement are good.

January 20, 2010

Chrysler Recalls Vehicles Over Brake Safety Issue

Georgia injury lawyers close attention to dangerous product recalls. In a filing with the National Highway Traffic Safety Administration, Chrysler Group LLC announced the recall of 24,177 vehicles due to a potential defect in a brake system that could result in automobile accidents from sudden brake failure.

The recall includes 2010 model Chrysler Sebring, Dodge Avenger and Nitro, and Jeep Liberty, Commander and Grand Cherokee SUVs. The recall also applies to 2009-2010 model year Dodge Ram trucks.

According to Chrysler, the clip retention tab on the brake pedal pin on some of the vehicles was improperly formed, or not installed, during the manufacturing process. Although Chrysler is unaware of any automobile accidents related to the defective product, it could result in sudden brake failure.

The Georgia injury lawyers at Finch McCranie, LLP have been representing injured victims of dangerous products for over 45 years. Many of these cases involved serious injury and some involved the wrongful death of the client. If you or a loved one have been injured by a dangerous and defective product of any kind, contact us for a free consultation at (800) 228-9159.

December 19, 2009

Is Dangerous Cell Phone Use While Driving Being Encouraged?

Cell phone use and texting while driving are major problems on the Georgia roads and nationwide. Our Atlanta automobile injury lawyers see far too many cases in which drivers distracted by cell phone use are causing serious injury and death.

Even though the police are too seldom required to determine whether cellphone use was involved in an accident, the data about texting or phoning while driving is alarming. Harvard researchers estimated that drivers on cellphones cause about 2,600 fatal crashes a year and 570,000 accidents. Hands-free devices do not eliminate that risk. Other studies show that someone legally drunk could outperform a person texting behind the wheel.

While a large measure of the responsibility for these accidents lies with drivers, consumer groups are now questioning the role of the wireless phone industry in the problem, and why the industry has fought against restrictions on the use of these devices.

Last week an article in the New York Times alleged that the industry was intentionally blinded by massive profits to the dangers. The article pointed out how the industry has continually promoted the use of phones while driving. It specifically cited one ad showing a businessman on the phone and asking, “Can your secretary take dictation at 55 m.p.h.?”

In California, the mobile industry fought off bans on talking while driving for years, at one point arguing that they were looking out for consumers.

Congress has slowly begun to focus on this issue and proposals for bans are now circulating in both houses. None seem to be a priority, and it appears that individual states will have to address this growing danger. The lawyers at Finch McCranie LLP urge you to contact your elected representatives in an attempt to move this issue to the front of the legislative agenda. The problem will only continue to grow worse and innocent people will be seriously injured and killed simply because a driver is distracted by cell device.

December 18, 2009

Georgia Teenager Struck By Car

As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.

Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother as they crossed Roswell Rd. in Atlanta. Unfortunately the child suffered serious head injuries. Allegedly they were not in a crosswalk but were in the turn lane when they were struck by the car. Georgia law makes it difficult to recover damages for your injuries if you are hit by an automobile and you are not in a crosswalk; however, a motorist still has a duty to maintain a proper lookout and see what can plainly be seen but someone exercising ordinary care. You cannot just run over pedestrians who are in the roadway if you could have and should have discovered their presence and taken evasive action. In any pedestrian case, it is crucial that a thorough investigation be done immediately to document the weather and lighting conditions existing at the time of the accident.

The Georgia injury lawyers at Finch McCranie, LLP have over 40 years experience representing victims of automobile accidents in serious injury or wrongful death claims. If you have been injured or lost a loved one due to an automobile accident, call us to learn about your rights.

December 18, 2009

Suing The Government: Pre-Suit Notice Requirements

It is a sad reality that innocent citizens are oftentimes injured by their own government. City and county employees and/or state employees operate vehicles on a day-to-day basis and like other drivers sometimes are guilty of negligence which cause considerable damage to innocent third parties. Because of the expansive conduct of governmental entities in virtually every aspect of our lives, there are many other real life scenarios whereby innocent third party citizens cam be and are injured by the acts of government employees. In such circumstances, there is always an issue as to whether the injured individual has a right to sue the government for any damages inflicted because of the longstanding doctrine of Sovereign Immunity.

Setting aside for a moment whether one can sue the government successfully and overcome a defense of Sovereign Immunity, another hurdle the injured individual faces in these cases is dealing with statutory pre-suit notice requirements. These pre-suit notice requirements are often referred to as “ante-litem” notice provisions. What this means is that before a injured citizen can sue his or her government with a claim for money damages, they must give the government pre-suit notice of the claim so that the government has a sufficient opportunity to investigate the claim and determine whether the government has any liability and, if so, what damages are involved. Here in Georgia, if an injured individual has a claim against a municipality, they must provide notice to that municipality within six months of the date of the occurrence otherwise their claim is time barred. If they have a claim against a county, they must give notice within one year and the same is true for claims against state government. There are also specific methods by which these notices must be given so if the injured individual is acting without the advice of counsel, they could run afoul of the various ante-litem notice provisions. If they do, they may not be able to sue the government - even if their claim is meritorious. This is why we have referred to these ante-litem provisions in other blogs written on the subject as “Traps for the Unwary.”

If you or any member of your family are injured by a government employee, you should immediately confer with counsel so that pre-suit notice requirements can be observed and your claims not held by law to have been waived for failing to provide statutorily mandated ante-litem notices to the government entity involved.

December 12, 2009

Georgia Bicycle And Pedestrian Accidents

Of all the possible traffic accidents in Atlanta, cases in which vehicles collide with a bicycle or a pedestrian can have the most tragic results. When walking or riding a bike, you do not have the same structural protection against impacts that you do while driving, so you are more likely to be the injured party, and you are more likely to be hurt badly.

If you are severely injured or if a loved one was killed in a bike or pedestrian accident due to the negligence of a driver, you deserve compensation for your losses, and you may need a lawyer to help you win your case.

When you are injured, unable to work, and facing medical bills, the situation can seem very dark. You not only need an attorney who will protect your rights and demand compensation, you need a friend who can give you the information and support you need.

With convenient offices in Atlanta, Georgia, Finch McCranie, LLP is dedicated to helping the victims of bicycle and pedestrian accidents in Georgia and to providing a high level of responsiveness, communication, and personal attention. At Finch McCranie, LLP, we take care of our clients. Our bicycle and pedestrian accident lawyers will fully inform you about the details of your injury case and the legal issues involved so you can make confident, educated decisions.

If you are someone you love was severely injured in a Georgia bicycle or pedestrian accident, please call the Georgia injury lawyers at Finch McCranie, LLP at 1-800-228-9159.

December 12, 2009

Dangerous Foreign Motorcoaches On U.S. Roadways

Dangerous passenger buses that do not meet United States safety standards are currently traveling the roadways of this country endangering the passengers and the motoring public. Yesterday, the National Safety Transportation Board issued a call for these dangerous vehicles to be taken off the roadways.

The recommendation is part of a long list of proposals issued by the NTSB following its investigation of a deadly bus crash which occurred in January 2008 in Texas.

NTSB investigators determined that the bus driver who had only three and a half months of experience driving a bus, fell asleep about eight hours into a 10½-hour trip from Monterrey, Mexico to Houston, Texas.

The NTSB staff ruled out the bus and weather as factors, but they uncovered legal loopholes and enforcement failures that allowed the substandard bus to be on the road. The bus did not meet regulations governing safety features that should be included when the bus is manufactured. The board recommended three agencies identify the companies operating substandard buses, put the buses out of service and require the companies to cease operations or face losing authority to operate.

The NTSB found fault with Federal Motor Carrier Administration. Among other things, it could have done a compliance review of the bus operator, Capricorn Bus Lines of Houston, but failed to do so.

Capricorn Bus Lines Inc. leased buses from International Charter Services Inc., to operate in the U.S., but Capricorn had lost its insurance in 2003 because of a fatal accident a year earlier in Mexico.

Capricorn avoided oversight by the Federal Motor Carrier Safety Administration because the lease arrangement allowed it to operate through International Charter. The NTSB faulted the
Federal Motor Carrier Safety Administration allowing such leases which allow unsafe operators to continue operation.

The NTSB also recommended the following safety proposals:

1. Create databases to help state law enforcement identify out-of-compliance buses and take them off the roads.

2. Require carriers to certify when they apply for operating authority and once a year thereafter that all owned or leased buses comply with Federal Motor Vehicle Safety Standards.

3. Update safety videos for night time driving and use latest media, such as the Internet, to distribute them more widely.

December 11, 2009

Head-On Automobile Accident In North Atlanta Results In Death

Georgia injury lawyers know that any head-on collision between two vehicles is usually a serious matter. A head-on collision occurred today in Johns Creek on State Bridge Road which resulted in the death of one of the drivers and serious injuries to the two occupants of the other vehicle. Both individuals were airlifted to different metro Atlanta hospitals.

Automobile accidents are a leading killer of Americans. If you have been injured or lost a loved one due to an automobile accident, the Georgia injury lawyers at Finch McCranie, LLP can help. Call us for a free consultation at 1-800-228-9159.

December 10, 2009

Atlanta Motorcycle Accident Resulted In Amputation of Toes

A few months ago, a collision between a motorcycle and a car in Atlanta, Georgia left a client, the rider of the motorcycle, seriously injured and without three of his toes. The motorcycle accident occurred when an SUV, driven by an Atlanta physician, ran a red light on Marietta Street, striking the side of our client’s motorcycle. Fortunately, there were witnesses who came forward. Paramedics, who arrived on the scene transported him to a nearby trauma center where three of his toes and part of his foot was amputated. The motorcycle accident resulted in our client incurring thousands of dollars in medical bills, substantial lost wages and a permanent injury, which will affect his mobility for the rest of his life.

If you or a loved one has been injured or if your loved one has been killed in a Georgia motorcycle accident, contact the Georgia injury lawyers at Finch McCranie, LLP at 800-228-9159. We have over 40 years of experience in representing injured victims of automobile accidents, motorcycle accidents and truck accidents.

December 10, 2009

School Bus Death Reported

Our Atlanta wrongful death attorneys have represented the families of children seriously injured or killed while exiting school buses. Just today, the Atlanta media is reporting that a five year old child was killed when an elderly driver attempted to pass a stopped school bus.

The law in Georgia governing driver actions when approaching or overtaking a school bus is very clear. Ga. Code Ann., § 40-6-163 provides as follows:

(a) Except as provided in subsection (b) of this Code section, the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8- 111and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated.

(b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or upon a controlled-access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

(c) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrence on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred.

What may not be clear to some is that all vehicles on a four lane road must stop when the bus has activated the visual stop signals. This is true for driver going in both directions. The only exception is for traffic flowing in the opposite direction on highways divided by a concrete barrier or grass median.

If you have any doubt as to stop or not, please err on the side of caution and stop. The tragic consequences are not worth a few minutes saved in travel time.

December 7, 2009

Emory Student Struck and Killed By Automobile

An Atlanta television station,11Alive, reported the death of a 19 year old Oxford College at Emory student who was struck and killed by an automobile as she was crossing the street. The girl was a native of North Carolina. Apparently the victim was crossing the street near the intersection of Mason Mill Road and Houston Mill Road in Atlanta when she was hit. The serious injuries she sustained resulted in her death early Saturday morning.

The Georgia injury lawyers at Finch McCranie, LLP have represented many pedestrian victims of automobile accidents and truck accidents over a period of 40 plus years. If you have been injured or lost a loved one due to an automobile accident, the attorneys at Finch McCranie, LLP can help. Call us toll free at 1 800 228-9159 for a free consultation.