Georgia Injury Lawyer Blog

Georgia injury lawyers know that many times automobile accidents and tractor trailer truck accidents result from defects in either the design of a roadway or the existing dangerous condition of a roadway. This is particularly true if the roadway is under construction. Last week in Georgia, it was reported that a woman driving southbound on Interstate I-85 near Newnan, Georgia got a wheel off the edge of the pavement resulting in her losing control of her vehicle, crossing the highway median and hitting a tractor-trailer rig head-on. Sadly, the accident resulted in the woman’s death. Depending on the facts, the Georgia Dept of Transportation can be held liable for highway defects which cause injury of death.

The LA Times recently reported that a jury has ruled that the California Department of Transportation was partially negligent in a crash that killed two teenagers. According to the lawsuit, the agency knew that the rolling mountain road was unsafe prior to the accident. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.

The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

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Posted In: Automobile Accidents , Brain Injury , Bus Accidents , Highway & Road Defects , Motorcycle Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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A 70-year old north Georgia man burned to death Saturday after his tractor-trailer left the roadway and caught on fire. Rescue workers attempted to pull the man from the burning truck but were unable to do so in time to save him. Authorities did not know why the truck ran off of Interstate 85 and did not know whether the driver fell asleep .

Many tractor-trailer accidents are caused by a driver’s inattentiveness or fatigue resulting from the operation of a tractor-trailer for an excessive amount of time. Federal regulations prohibit a trucking company from allowing a driver to operate a tractor-trailer while the driver’s ability or alertness is impaired by fatigue, illness, or any other cause which would make it unsafe for the driver to operate the vehicle. These regulations also prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of his work status. Georgia lawyers who handle serious personal injury and wrongful death cases against tractor-trailer companies know that a complete investigation of such a case involves the careful scrutiny of these log books.

If you or a loved one have been involved in an automobile accident or a tractor-trailer accident, consult the Georgia injury lawyers at Finch McCranie, LLP who have been handling serious injury and wrongful deaths for over 40 years.

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Posted In: Automobile Accidents , Bus Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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Georgia citizens continue to suffer serious injuries and death in ever increasing numbers on a stretch of Interstate 85 near Newnan, Georgia. Most of these accidents involve tractor-trailers. According to authorities today, one person was killed and another person seriously injured on Monday afternoon in an accident on the northbound side of Interstate 85. Shortly after the initial fatal accident, a second major accident with injuries occurred when a northbound tractor-trailer rear-ended another that had stopped for the first wreck. Many of these accidents have occurred as a result of dangerous conditions existing upon the roadway which has been under construction for at least the last two years. The Georgia injury lawyers at Finch McCranie, LLP currently represent the family of an individual in a wrongful death case that resulted from vehicles hydroplaning on that stretch of road. The three most common reasons for hydroplaning are speed, condition of tires and excessive water on the roadway.

The Georgia injury lawyers at Finch McCranie, LLP have been handling serious injury and wrongful death cases for over 40 years. If you or a loved one has been seriously injured as a result of the negligence of someone else, call us for a free consultation.

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Posted In: Automobile Accidents , Bus Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual’s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child’s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child’s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

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Posted In: Automobile Accidents , Brain Injury , Physical and Sexual Assault , Premises Liability , Products Liability , Torts , Wrongful Death

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We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

We have blogged before in the past about the reasons why there should be policies prohibiting these kinds of chases. The death penalty to the innocent is the end result and in our judgment the death of this innocent lady cannot be justified by the need to apprehend a suspected petty thief. The news reports are sketchy as to what was stolen, but it appears that it was merchandise probably worth less than $100.00. In order to apprehend a petty thief, the police made a decision to expose innocent members of the motoring public to the possibility of serious injury or death. When balancing the risk to the public caused by a dangerous high speed chase against the need to apprehend the offender, it is our judgment, and that of many experts in the field, that public policy demands that in such circumstances, when the police are chasing a non-violent offender, they should terminate such a chase because it is foreseeable that an innocent third party might be seriously injured or killed if they do not. Because this chase happened over a three mile span, the police should have known that the suspect was not going to pull over and that the risk to the public caused by the chase itself was a greater danger to the public than was the suspect himself.

The police are defending the chase, as they always do. They are stating that the suspect was found to be on probation and had a criminal record for other theft offenses. These facts, probably discovered after the fact, were probably not known to the pursuing officer. Facts discovered after an incident can hardly justify an officer’s actions at the time of the incident. In this case, according to the news accounts, the officer only knew that the suspect he was pursuing at high speeds was a petty thief. Why would the police condone a chase where a death occurs when the need to apprehend was so slight and the danger to the public presented by a petty thief was far less than the danger to the public presented by the chase itself?

Of course, we do not know all the facts surrounding this case and can only base our views on what little information has been publicly released. Nonetheless, it is our strong belief and that of many experts throughout the country, including many involved in law enforcement, that law enforcement must do a better job of policing itself and must not condone dangerous high speed police chases in the context of a non-violent offense where the suspect/offender poses little or no danger to the public and the chase itself poses considerable dangers, oftentimes resulting in serious injury or death. This tragic case in Charlotte is no different from many others throughout the country. Indeed, our firm is handling a similar case in Augusta where the police were chasing two shoplifters which resulted in the death of three individuals. We pose the question: Was the death penalty to the innocent justified by the need to apprehend the suspect and the danger to the public presented by the petty thief? We think not.

Continue reading "Police Chase For Non-Violent Crime Turns Deadly" »

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Posted In: Automobile Accidents , Police Chases , Wrongful Death

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When the Georgia injury lawyers at Finch McCranie, LLP represent an injured employee in a workers compensation case we always look to see if there is a liable third party that can be sued. Under Georgia law, workers compensation benefits are limited and rarely, if ever, fully compensate an injured worker for all of the injuries and damages sustained.

Recently I read about a Chicago area wrongful death case involving a BMW car salesman who was killed in an automobile accident while accompanying a 20 year old potential car buyer on a test drive of a BMW automobile. According to court testimony, the driver was driving at 95 miles per hour when he crashed the car, killing the car salesman. The family of the salesman sued and a Chicago jury returned a verdict of 13.7 million dollars in their favor.

Other potential third party cases might involve defective or dangerous products that a worker might be using that cause serious injury or death. If you or a loved one has been serious injured in an on-the-job injury you should consult with the workers compensation lawyers at Finch McCranie, LLP to protect your rights.

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Posted In: Automobile Accidents , Products Liability , Torts , Truck and Tractor Trailer Accidents , Workers Compensation , Wrongful Death

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Many automobile crashes which our Georgia lawyers investigate involve serious injury and deaths which are caused by roof collapses in rollover situations. Tragically, many of these victims would have been less seriously injured or survived had the roof of the vehicle not collapsed. For many years, safety advocates have urged auto makers and the federal government to increase the minimal standards for vehicle roof strength.

Now, under pressure from Congress, the National Highway Traffic Safety Administration (NHTSA) has issued increased roof-strength requirements. The long-awaited federal upgrade of the 35-year-old regulation governing vehicle roof strength will save 135 lives and prevent more than 1,000 injuries according to the United States Department of Transportation.

This is encouraging news. But, at the same time, the National Highway Traffic Safety Administration issued lower requirements for the heaviest vehicles and added a phase-in period. The final regulation boosts the requirement to three times the weight for vehicles up to 6,000 pounds. Vehicles 6,000-10,000 pounds must meet a 1.5 times standard. NHTSA says 135 lives will be saved and 1,065 injuries. The new regulation is estimated to add $54 per vehicle in design costs and another $15 to $62 in added fuel costs. NHTSA has been working with updating the current regulation for more than a decade.

Automakers said the new standard will require engineering and design challenges. But, the Alliance of Automobile Manufacturers, the group representing most major automakers, said they support NHTSA's goal of enhancing rollover safety through a comprehensive plan aimed at eliminating rollover injuries and fatalities, while noting that enhanced roof strength is only one part of that plan.

The phase-in schedule, which begins in September 2012, will be completed for all affected vehicles by the 2017 model year. Beginning in the 2013 model year, manufacturers must have 25 percent of their vehicles over 6,000 pounds meet the 1.5 times standard -- a requirement that jumps to 50 percent in the 2014 model year.

In January 2008, NHTSA stiffened its August 2005 proposal to require a two-sided roof-strength test, which would have the effect of requiring tougher roofs. Automakers oppose the double-sided test, saying it is unnecessary. They have also sought more time to comply, noting the expense of redesigning vehicles.

Toughening vehicle roofs is aimed at helping people survive rollover crashes, which account for more than 10,000 deaths annually, according to federal reports. Rollovers represent 3 percent of crashes, but account for one-third of all vehicle deaths.

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Posted In: Automobile Accidents

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Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.

If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate new cars for safety, they have no such system for child car seats. Making matters more difficult, a child restraint that performs well in one vehicle may perform poorly in another because it doesn't fit snugly in that back seat.

Secretary LaHood’s action comes after the Chicago Tribune revealed that nearly half of all infant restraints failed catastrophically or exceeded injury limits when federal contractors strapped them into the back seats of model-2008 vehicles and crashed those cars and trucks into walls at 35 m.p.h.. NHTSA used those tests to rate the safety of the cars, not the child restraints in them.

At LaHood's insistence, the NHTSA child seat crash-test results -- including reports, video and photos -- are posted online.

European regulators require automakers to include child seats in their crash tests of new cars. The safety rating for those European vehicles is based in part on how they protect children. LaHood held up the European system as a model.

LaHood said he would push for a voluntary system. The secretary said he also ordered NHTSA to institute stringent safety standards for child seats in side-impact crashes, which account for one third of infant highway deaths.

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Posted In: Automobile Accidents , Brain Injury , Products Liability

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In today’s economic times, we hear a lot of discussion about the problems that people are having financially. While many people are emotionally suffering due to rising unemployment and adverse economic conditions, those who suffer perhaps the most during these troubling times are innocent victims in personal injury cases. Our office just settled the case of one young lady, which is a classic example of what we address in this article. Simply stated, this young lady is a living profile in courage.

On the date in question, our client was struck by a vehicle traveling on the wrong side of the road. This could have been a fatality but miraculously the client lived. Even though the client had innumerable orthopaedic injuries and several surgeries to treat the same, and even though her medical expenses were in excess of $150,000.00, the client always remained resolute in the face of these problems. When told that the defendant that caused her injuries had less insurance coverage than the amount of her medical bills, she simply accepted it and recognized that there was little or nothing that she could do about it. We see the prayer “God grant me the courage to change those things that I can change and to accept what I cannot,” and here was a lady who “walked the walk and talked the talk.” She accepted her fate, she dealt with her problems and she was grateful for the gift of life since she had survived what could have been a fatal accident.

Not only did this client experience a very, very painful injury, she had to risk the loss of her job, she had to hang on to her home all while she was going through a failing marriage. Yes it is true that times are tough. Indeed, life itself can be tough. But for someone who is going through troubling times in a slowing economy and a bad marriage, to also have inflicted on them, through no fault of their own and suffer serious personal injuries, is obviously a tremendous burden to bear.

We were very impressed with our client because she always had a good attitude. Yes, she is somewhat angry at what happened to her and yes, she is angry at the person who caused her injuries, but she was accepting of her fate, is grateful that she is alive and is appreciative of the fact that while we could not get her near enough money to compensate her for everything she has endured, at least we got her something via the at fault driver’s insurance. As she stated, there are many people in the world that are far worse off than she is. Yes, this is true. There are many people in the world who are far worse off than she is but there are also many, many people who are much more fortunate than our client. Fortunately, most of us will never have to experience what our client went through, that being the trials and tribulations of an innocent personal injury victim: someone who did nothing wrong, was terribly, terribly injured and then forced to overcome all because of the negligence of a third party.

We salute the courage of all innocent victims of third party negligence who through no fault of their own are subjected to serious and sometimes terrible injuries with sometimes life altering and permanent consequences. These are the heros amongst us which are not known, not seen and usually are not appreciated by the public at large for what they have endured and had to overcome. It is always a pleasure to use one’s professional skills to represent people who are confronted with such problems and we were very pleased that we were able to be of some assistance to this particular client. We were also humbled by the fact that she showed such courage in the face of such adversity. This is a lesson for all of us: Things are not as bad as they may seem. We are all richly blessed to be in a country that does its best through its legal system to address civil wrongs done to others. It may not always achieve justice, but it is the best system in the world for attempting to do so.

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Posted In: Automobile Accidents , Torts

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As Georgia injury lawyers at Finch McCranie, LLP representing victims of trucking accidents, automobile accidents, and workers compensation accidents we often see our clients who cannot work because of serious injuries, fall behind in paying their bills. When that happens they often start getting calls from collection agencies and even lawyers attempting to collect. Sometimes these collections people cross the line and violate the law.

This week I read an article about a man with a disabling brain injury and no money who told a debt collection lawyers that the time for seeking payment had expired and that the suit that had previously been filed to collect the debt had been dismissed. Notwithstanding that conversation, the law firm sued him anyway, trying to collect a credit card debt on behalf of the creditor. He hired a lawyer, got the collections suit dismissed and then sued the collections law firm for violating debt collections laws. A jury awarded him $311,000.00!

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in 1977 in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors. The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

The Act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law. In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation. Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

In order to prove violations of collections laws a consumer MUST document all communication with the collector. If you do not have a way to record telephone calls coming into your home - get one and don’t erase anything on it.

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Posted In: Automobile Accidents , Consumer Protection , Motorcycle Accidents , Torts , Truck and Tractor Trailer Accidents , Workers Compensation

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The news media in Georgia frequently reports on tragic accidents in which young children are killed by cars traveling in reverse. Many times these accidents occur when a parent is backing out of a driveway or garage.

According to data from a recent study by the National Highway Traffic Safety Administration shifting into reverse may be more dangerous than previously thought. According to the first study conducted on the issue, 221 people were killed by vehicles backing up in 2007. That is more than 4 deaths per week. In the same period, about 14,000 people were injured in backup accidents.

The United States Congress passed legislation last year to attempt to address the issue. The Cameron Gulbransen Kids Transportation Safety Act, is named for a 2-year-old boy who was accidentally backed over and killed by his father on Long Island, New York. It was this legislation that prompted the new study.

The study found that backover accidents accounted for 19 percent of all nontraffic crash fatalities. It was the leading cause of death among nonoccupants involved in nontraffic crashes. Nontraffic accidents are those that occur in vehicles not on a public road, such as in driveways, parking lots and private roads.

The study was conducted with the intent of establishing guidelines for rearview visibility in cars, S.U.V.’s and minivans. Those rules for automakers from the Transportation Department are likely to be two years away. In the meantime, safety advocacy groups continue to push manufacturers and parents to install systems to mitigate the problem. Most solutions involve audible warnings or rearview cameras.

Several automakers already offer rearview cameras as an option, which show what is directly behind a car, displayed either on a dashboard navigation screen or on an LCD embedded in a rearview mirror. Aftermarket cameras and displays that can be installed by owners or dealerships are also available.

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Posted In: Automobile Accidents

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The Georgia Injury lawyers at Finch McCranie, LLP have represented thousands of victims involved in automobile accidents and trucking/tractor trailer accidents. Regretfully many have resulted in serious, life changing injuries and some have resulted in death. In some of these cases, the injuries could have been lessened had the victim been wearing a seatbelt.

For years, Georgia law has required occupants of passenger cars to wear seatbelts; however, pickup trucks have been exempt. Recently, a bid to require adults in pickup trucks to buckle their seat belts was narrowly defeated by a Georgia House panel, defying supporters of stronger safety standards that are in effect in most of the nation.

Georgia already requires minors to wear seat belts and adults to wear them except in pickup trucks. Indiana law was similar to Georgia law on this subject; however, in 2007 the legislature passed a law which now requires adults to buckle up in pickup trucks. New Hampshire has no seat belt requirements whatsoever for adults.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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Our Georgia automobile accident attorneys often review crashes involving very small cars, sometimes referred to as “micro cars.” We have frequently noticed that there seems to be a correlation between the severity of injuries suffered in car accidents and the size of the vehicles involved. Now, a study by the Insurance for Highway Safety has confirmed our observations.
In crash tests released this week, the Institute found that drivers of 2009 versions of the Smart "fortwo," Honda Fit and Toyota Yaris face significant leg and head injuries in severe front-end crashes with larger, mid-size vehicles.

Sales of small cars soared when gas prices topped $4 per gallon last year but have fallen off as the costs of gasoline has returned to about $2 a gallon and the economic downturn has slowed car sales. The small cars are affordable — prices of the three cars tested range from about $12,000 to $18,000 — and typically achieve 30 miles per gallon or more.

While these micro cars do provide excellent gas mileage and are less expensive than larger models, The Insurance Institute study points out that there is a definite trade-off in safety.
The tests involved head-on crashes between the Smart car and a 2009 Mercedes C Class, the Fit and a 2009 Honda Accord and the Yaris and the 2009 Toyota Camry. The tests were conducted at 40 miles per hour, representing a severe crash.

In the Smart car collision, the institute said the Smart, which weighs 1,808 lbs, went airborne and turned around 450 degrees after striking the C Class, which weighs nearly twice as much. There was extensive damage to the Smart’s interior and the Smart driver could have faced extensive injuries to the head and legs. There was little damage to the front seat area of the C Class.

In the Fit's test, the dummy's head struck the steering wheel through the air bag and showed a high risk of leg injuries. In the vehicle-to-vehicle test, the Fit was rated poor while the Accord's structure held up well.

In the Yaris test, the Institute said the mini car sustained damage to the door and front passenger area. The driver dummy showed signs of head injuries, a deep gash on the right knee and extensive forces to the neck and right leg.
Predictably, the manufacturers of the small cars said the tests simulated a high-speed crash that rarely happens on the road.

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Posted In: Automobile Accidents

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The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of traumatic brain injury resulting from serious automobile accidents, tractor trailer accidents, workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents. A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

What many people do not realize is that major depression is a complication seen in about one-third of patients within the first year of a TBI and when present, is associated with poor psychosocial functioning and persisting post-concussive symptoms. Major depression is associated with substantial psychosocial dysfunction and post-concussive symptomatology following traumatic brain injury. Medication has been and is still prescribed to treat this complication; however, in a recent large clinical sample of patients with symptoms of major depression, anti-depressant medication has been shown to lead to the remission of symptoms in a minority of patients.

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Posted In: ATV All Terrain Vehicle Accidents , Automobile Accidents , Brain Injury , Motorcycle Accidents , Premises Liability , Truck and Tractor Trailer Accidents , Workers Compensation , Wrongful Death

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As a Georgia injury lawyer, I have represented a lot of truck drivers over the years in workers compensation claims, usually involving back injuries. Many of these drivers were well into their sixties and many had significant health problems which probably put the public at risk of serious injury and death had they become involved in a tractor trailer accident. It was always surprising when these older truck drivers who were clearly in bad health were able to pass a DOT physical examination. Last summer the Associated Press released a report which talked about this growing problem. Tractor-trailer and bus drivers in the Unites States are driving our highways with commercial licenses even though they qualify for full federal disability payments. The Federal Motor Carrier Safety Administration has admitted that it has fallen short in implementing the 8 recommendations that U.S. Safety Regulators have proposed since 2001. One of these would set minimum standards for officials who determine whether truckers are medically safe to drive. Truckers who have violated the medical rules set out by the government are every where but 12 states have proven to be leaders in producing violations. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were all states where drivers broke the rules most often. The AP article lists several appalling cases where truck drivers have caused fatalities as a result of their medical violations. In some cases, morbidly obese truck drivers had heart attacks while others admitted to occasional blacking out and forgetting things. If you or a loved one have been injured as a result of being involved in a tractor trailer truck accident, call the trucking accident injury lawyers at Finch McCranie, LLP for a free consultation.

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Posted In: Automobile Accidents , Bus Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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As Georgia injury lawyers we have seen automobile accident and tractor trailer or trucking accidents that occur for a multitude of reasons. Lately however, we have seen a number of serious accidents that have occurred on Georgia highways or roads that are under construction. Just last week I read about a truck driver that lost control of his tractor trailer rig on Interstate 85 south of Atlanta. It veered over onto the shoulder, came back onto the roadway, overturned and skidded at least 100 feet down the interstate according to witnesses. This accident was the last in a series of three (3) accidents where large trucks have overturned on I-85 between Atlanta and Newnan where road construction has been underway for over two (2) years. One of many possible reasons for these accidents may be the accumulation of water on the roadway. When this occurs, drivers often lose control of their vehicles and the vehicles hydroplane. Generally there are three things that cause or contribute to a hydroplaning accident. One is water on the roadway, another is the speed of the vehicle and another is the condition of the tires. Any time there is an accident involving the wrongful death or serious injury of someone who has been involved in a collision on a wet highway, it is crucial that the families of the victims seek competent legal counsel immediately. This is so because experts can be dispatched to the scene to evaluate, document and preserve evidence before any of it changes or is destroyed. This is particularly true when the accident occurs on a roadway which is under construction. Many times the reason for water accumulation on the roadway may be that the road’s drainage systems may be inadequate or even blocked by construction debris. A timely on-scene investigation by good experts will usually pay off. Possible negligent parties may include road contractors, local governments, state governments and anyone else who may be responsible for maintenance of the roads.

The Georgia injury lawyers at Finch McCranie, LLP have been handling serious injury and wrongful death cases for over 40 years. If you or a loved one has been seriously injured as a result of the negligence of someone else, call us for a free consultation.

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Posted In: Automobile Accidents , Bus Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning a greater award than the defense would like to pay or a lesser award that the plaintiff hopes to get is the basis for compromise. However, unless counsel for a plaintiff who has been injured through the negligence of another is ready for trial it is almost guaranteed that before will not receive the best possible settlement for his or her client.

The two cases we have handled here recently are like many others we have handled in the past. Settlement offers were not made until it was demonstrated to the insurance carrier that counsel was ready for trial and was ready in a professional manner to present the case in such a manner as to likely receive from a jury more than the defense was previously willing to pay. In both cases, no offer was made until the case reached the courthouse steps. If counsel had not prepared the case of trial diligently and professionally through taking videotaped depositions, preparing demonstrative exhibits for the jury, submitting Requests to Charge relative to the legal and factual issues involved, marking all exhibits, subpoenaing all witnesses, etc., the insurance company would likely have gambled and defended the case will full knowledge that plaintiff’s counsel was not prepared. However, once the defense attorney and the insurance company got to the courthouse steps and realized that their adversary (in this case our firm) was prepared to proceed professionally, they offered to settle the matters for the actual value of the cases. In short, they made an offer of what we all along had been willing to accept thus obviating the need for a jury trial.

The main point of this blog entry is to emphasize something that we have known for years but which the public may not fully appreciate. Cases do not settle for their maximum value unless they are properly prepared by experienced trial counsel. In neither of the cases we have referenced, would there ever have been an offer of settlement made at any time unless the case had been properly prepared. Once the insurance carrier realized that plaintiff’s counsel was prepared to proceed in front of the jury and could, in fact, proceed in a professional manner and would make an effective presentation, then and only then did they pay the fair settlement value of the case. Had our firm not been prepared to proceed as professional advocates on behalf of our clients we would not have achieved the best possible settlement for our clients. The two cases that we write about were both very tough cases on liability, which were hotly contested. The insurance carriers may have continued to make no offer if they believed that plaintiff’s counsel was not prepared to put up a strong case. Once plaintiff’s counsel showed up on the courthouse steps with subpoenas, witnesses, exhibits, videotaped presentations and all the other necessary ingredients for a successful trial, the insurance company folded and the clients received fair settlements.

If one is to receive the best possible settlement for a client, one must be prepared to proceed to trial. Accordingly, if a client wants to make sure that he or she receives the best possible settlement in their case, they to make sure that they have a trial attorney that is prepared to present their case to a jury in the event the insurance company is not prepared to make a realistic and fair settlement offer. The best way to insure the latter is to be prepared for trial. Thus, any person injured by the acts of another through negligence or otherwise should always attempt to find an experienced trial attorney to represent their interests. This is the best way of insuring the best possible settlement results in any given case. Moreover, if the case cannot be settled, the client will have the satisfaction of knowing that their attorney can present the case to the jury, hopefully, in such a manner as to insure a successful verdict.

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Posted In: Automobile Accidents , Civil Procedure , Torts , Trial Techniques

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As a Georgia injury lawyer I continue to be outraged by the “tort reform” laws passed by the mostly Republican, pro business legislature in this State. Most ordinary citizens, Republican and Democrat, have no idea what the medical profession, insurance industry and Georgia politicians have done to limit, if not eliminate their ability to be fully compensated in the event that they are injured and damaged as a result of the negligence of someone. Only when they are injured as a result of automobile accidents, tractor trailer accidents or medical malpractice, do they find out how their rights have been seriously curtailed or eliminated. Only then do they become outraged. Unfortunately, by then it is too late.
A prime example of the damage done by the Georgia Legislature is the case of Cheon Park, a retired, 59-year old restaurant owner who fell from a ladder at his home in 2006. After falling, he was taken to WellStar Douglas Hospital, Park complaining of neck, shoulder and pelvis pain. He was x-rayed, treated for a dislocated shoulder and discharged that same day. Later that day, Park’s pain grew worse. He began showing signs of neurological damage and was taken to Grady Hospital where they found massive damage to his spine-damage that left him a quadriplegic. Park sued WellStar for medical negligence, challenging the $350,000.00 cap on non-economic damages that was approved as part of Georgia’s Tort Reform in 2005. Non-economic damages are compensable for intangible injuries, such as pain and suffering, disfigurement, and loss of the enjoyment of life. In April 2008, Fulton County Judge Marvin Arrington, Sr. overturned the $350,000.00 cap, on the basis that the statute did not guarantee “equal protection” and reasonable compensation for people in Park’s situation. WellStar appealed the decision to the Supreme Court of Georgia; however, four (4) days before they were due in Court, WellStar withdrew the appeal and settled the case with Park for an undisclosed sum. As a result, the $350,000.00 cap remains in place because no case has yet to make it through the appellate system to have the statute declared unconstitutional. Hopefully, the right case will eventually reach Georgia’s highest court so that people who are injured by medical negligence through no fault of their own can be awarded enough damages to make them whole to the extent that can be accomplished with money.

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Posted In: Automobile Accidents , Medical Malpractice , Truck and Tractor Trailer Accidents , Workers Compensation

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Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Truck and Tractor Trailer Accidents , Workers Compensation

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Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Truck and Tractor Trailer Accidents , Workers Compensation

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The Georgia Injury lawyers at Finch McCranie, LLP have seen many automobile accidents and tractor trailer accidents which have left victims with a diagnosis of traumatic brain injury (TBI). Some clients have suffered from major, catastrophic brain injury while others have what would be considered as mild TBI. The signs and symptoms of a TBI can be subtle. Symptoms of a TBI may not appear until days or weeks following the injury or may even be missed as people may look fine even thought they may act or feel differently. The following are some common signs and symptoms of a TBI:

Headache or neck pain that do not go away;
Difficulty remembering, concentrating, or making decisions;
Slowness in thinking, speaking, acting, or reading;
Getting lost or easily confused;
Feeling tired all of the time, having no energy or motivation;
Mood changes (feeling sad or angry for no reason);
Changes in sleep patterns (sleeping a lot more or having a hard time sleeping); Lightheadedness, dizziness, or loss of balance;
Urge to vomit (nausea);
Increased sensitivity to lights, sounds, or distractions;
Blurred vision or eyes that tire easily;
Loss of sense of smell or taste; and
Ringing in the ears.

If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Truck and Tractor Trailer Accidents , Workers Compensation

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Regrettably, here in our office, we have handled many serious personal injury cases involving traumatic amputations, usually arising in the context of a bad car accident or tractor-trailer collision. Just this past week, we settled a case involving a young man who lost his foot. Not long ago we settled a automobile accident case involving a gentleman who lost his leg. In both cases, we were reminded just how traumatic these cases can be for the innocent victims of the negligence of third parties. Suffice it to say, such injuries have life altering consequences that are permanent in nature, both physically and psychologically. The good news is that many of these clients can through modern medical treatment go on to live full and happy lives. For some, however, the road to recovery is a very long one.

One of the issues one must deal with in these cases is the need for a prosthetic device which will have to be replaced many times over time. Most prosthetic devices only last for a few years and have to be refitted or replaced. These devices many times are hand made and custom fitted and are very expensive. Thus, when analyzing the needs of such a client over the course of his or her life, one has to take into consideration how many different prostheses will be needed to address the client’s needs into the future. Of course, any time any one loses a limb, particularly a leg, there can be collateral consequences to the rest of the body. If one loses a right leg then the left leg has much more strain on it as does the back and the entire body. This can result in other problems for the client in addition to the amputation. Moreover, as discussed above, there is also the problem of psychological adjustment to these very serious injuries. One’s self image obviously can be greatly affected and depending on the makeup of the individual, either the adjustment is a good one, that is the client does adjust, or a bad one, that is that they simply cannot adjust to the lifestyle change and the overall change in their life.

A traumatic amputation case not only effects one physically and mentally but can result in profound consequences for one’s career. If one’s occupation involves a great deal of manual labor, obviously, the consequences of such an injury can be devastating. Climbing ladders, stooping, bending, lifting, all of these activities which so many of us take for granted can be greatly affected by a traumatic limb amputation.

Our experience handling these cases has indicated that one must be extremely cautious in trying to assess the needs of such clients. Professionals have to be consulted with respect to the future costs of prosthetic devices, the future costs of medical care, the likely consequences of the injury on other parts of the body and an assessment of the economic impact of the injury as it pertains to the client’s occupation. Great care and attention to all of these matters must be observed if the client’s interests are to be effectively represented.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents

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Recently, we had a client whose vehicle was rear-ended at a high rate of speed. She immediately began to experience visual problem, including double vision which lasted for about two weeks. Many people involved in a serious automobile accident experience the same symptoms which is a classic sign of a traumatic brain injury. A person who has suffered a traumatic brain injury (TBI) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a traumatic brain injury and should not be ignored. Competent medical providers and rehabilitation specialists should immediately recognize the significance of post trauma visual problems and treat their patients in conformity with new TBI treatment guidelines. If you or a loved one has sustained a traumatic brain injury as a result of an automobile or trucking accident, call the professional Georgia injury lawyers at Finch McCranie, LLP.

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Posted In: Automobile Accidents , Brain Injury , Truck and Tractor Trailer Accidents

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Georgia law relating to uninsured automobile insurance has changed effective January 1, 2009. We have previously written about the importance of uninsured/underinsured (UM) coverage. Essentially this is coverage which protects you and your family if you are injured in a wreck caused by a person with no or low limits of insurance. Unfortunately there are many of these drivers on the roads in Georgia.

Under the new law the major changes relate to the ability to purchase increased coverage. This is best understood by way of example. For purposes of this explanation we will assume you are involved in an accident with an at-fault driver with the minimum limits of $25,000.00. Under the new available coverage assume you have UM coverage of $100,00.00. Then the available coverage to you will be $125,000.00. This is the sum of the at-faults drivers $25,000.00 and your $100,000.00.

Under the old law, the amount of the at-fault driver’s coverage is deducted from your coverage. In the example above, the available coverage to you would from your UM policy would be $75,000.00. This plus the at-fault driver’s $25,000.00 would make $100,000.00 available.

If the at-fault driver has no insurance, there would be no change in the policy coverage. There would be $100,000.00 available under your UM coverage.

Your insurance company can and will charge more for this new coverage. We encourage everyone to seriously consider adding this new coverage to their auto policies.

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Posted In: Automobile Accidents

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As Georgia injury lawyers we, at Finch McCranie, LLP, often see victims of automobile accidents and trucking accidents who sustain trauma to the head. The care they get in the minutes and hours following can be crucial to their recovery. Often important signs of mild traumatic brain injury (TBI) are overlooked. Recently the American College of Emergency Physicians in collaboration with the Centers for Disease Control and Prevention (CDC) revised the clinical guidelines for mild brain injuries. Those new guidelines are expected to lead to better patient outcomes for the more than one million patients who visit the emergency department every year for traumatic brain injury or concussion. It is well know by qualified medical professionals that people with traumatic brain injuries may appear to be normal and their symptoms may be mild but there can be hidden dangers. TBI’s can also lead to significant, life-long impairments that prevent a person’s ability to function both physically and mentally. The revised guidelines are designed to help insure that patients even with mild TBI’s are identified early and receive the care they need.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Truck and Tractor Trailer Accidents

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The above questions are often asked by clients who have been seriously injured in an automobile case or a trucking collision. Regrettably, there are some attorneys out there who will give unrealistic “pie in the sky” answers to such questions, usually for the purpose of trying to convince a client to retain their services. A good lawyer, however, will usually not provide a response to these questions until he or she has fully investigated the case and has access to all of the critical data needed to analyze the value of the case.

Obviously, there are many factors that determine the value of a case. Does the case involve strong evidence of liability against the defendant to be held responsible for the damages? Are there any aggravated circumstances involved? Does the client have a clean background and are the claimed damages fully documented? Is there good evidence of lost wages? Will there be a permanent disability and, if so, has this been documented by the treating physician? Is there a favorable venue or must the case be filed in a rural county where juries return small verdicts historically? In short, there are many questions that arise in trying to questions posed of a similar nature by clients who have been seriously injured and damaged in a bad accident.

Clients understandably want to know whether they are going to recover their damages and be adequately compensated. Regrettably, sometimes the answer is that they will not be adequately compensated. If there is little or no insurance available for an at-fault driver, there may be little or no chance of recovering an adequate compensation for the innocent injured client. If an at-fault driver was on the job for their employer and there is a commercial policy available with significant liability limits then full compensation may be a possibility.

We have seen far too many cases over the years where the at-fault driver had little or no assets and little or no insurance. These are the saddest cases because we have an innocent client who has done nothing wrong and who has been seriously injured and had their life completely turned upside down by an irresponsible driver who had little or no insurance and possesses little or not assets sufficient to satisfy a judgment against them. This is why we have written previous articles about the importance of possessing uninsured/underinsured insurance coverage to protect one’s self from irresponsible drivers who will drive without insurance or with the absolute bare minimum limits of coverage, which in a serious case, are grossly inadequate to address medical expenses, much less compensation for pain and suffering, lost wages and other similar damages.

As we have stated, good lawyers many times avoid answering these questions because the questions cannot be answered until all necessary data has been assembled. Many times a case is worth far more than is available by way of insurance to address the damages sustained. If there is adequate insurance available to address a particular situation, it is many times possible for a skilled attorney to obtain full compensation for the client. A lawyer is not a miracle worker and can only work with the facts presented to them. If the facts are good, the lawyer who has the proper skill set can maximize the recovery for the client. If the facts are bad (little or no insurance, bad evidence on liability, etc.) then the lawyer has to work with a different set of circumstances which could affect the outcome for the client. Again, sometimes a skilled lawyer can achieve good results even when the facts are tough.

The better question for a client to ask is: Do I have a lawyer that has the skill set that can maximize my recovery for the damages I have sustained? A qualified and experienced attorney can analyze the case and consult with the client in trying to arrive at the best result for any particular case. The facts many times will dictate the end result, but a skilled lawyer sometimes can obtain more favorable results for the client based on the same set of facts simply due to the utilization of professional skills and experience to maximize the recovery for the client. As we have posted before on this blog, it is important that potential clients hire qualified, competent, professional, ethical and skilled attorneys to represent their interests in any serious accident case.

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Posted In: Automobile Accidents , Torts

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On the way to work today I saw an automobile accident that had just occurred. A lady had been rear-ended by an automobile on the interstate highway. The cars were very badly damaged and it was clear that one of the drivers was injured. The ambulances had not yet arrived.

As I drove by the accident scene, I thought to myself, “I wonder how this unfortunate lady will find a competent Georgia automobile accident attorney to represent her interests effectively, competently, honestly, ethically and professionally?” Like any other choice a consumer must make involving an important personal matter, consumers must beware of who they hire to represent their interests in these cases. Not all lawyers are created equally nor do they have the same professional abilities. While there are many that advertise their services to the pubic, the public should investigate the background of any attorney to make sure that they are the proper attorney to handle their case.

Lawyers are no different from doctors. While there are many surgeons out there, not all surgeons are equally adept at certain surgical procedures. Some have a better reputation than others, some have greater experience than others, some have a better educational pedigree and background which qualify them for more sophisticated forms of surgery. In a automobile accident case where the person is not seriously injured, the differences in skill and competency may not matter. However, in a case involving serious injuries, lost wages and the possibility of a permanent disability, the greater the skill level of the attorney, the more likely it is that the client will receive competent representation.

When a client is looking for an attorney to handle their automobile accident case, like the lady who was involved in the accident witnessed this morning, the client should review the attorney’s educational background at a minimum. Where did they go to college? Where did they attend law school? How long have they been practicing law? What is their practice’s emphasis? Is the attorney active in professional organizations and/or otherwise active in the Bar? Has the attorney or their firm published articles in the field? Has the attorney been asked to speak at seminars on various topics pertaining to serious automobile collisions? Has the attorney tried many cases before a jury or does the attorney have at track record of settling everything and trying nothing?

The attorneys at Finch McCranie have handled hundreds upon hundreds of serious automobile accident cases over the years involving wrongful death, paralysis, amputation, neck, back, leg, internal and brain injuries. Having handled many hundreds of cases over the years, our attorneys have extensive experience in dealing with serious automobile accident cases. Our attorneys have been asked to speak at seminars helping to educate other lawyers in the field. Our attorneys have published articles in the area and have tried many cases to verdict involving wrongful death and serious injury. In short, the attorneys at Finch McCranie possess the qualifications one would need and desire for someone in need of competent and professional legal services. While there are other good attorneys throughout the state that possess similar qualifications, regrettably, there are many attorneys who advertise such services but never go to court, or rarely, have not published in the field nor spoken at seminars, possess little or no experience in dealing with sophisticated complex cases, and yet will still take such a case. Because lawyers possess different skill sets based on their experience, qualifications and background, a potential client looking for a good lawyer to handle a serious automobile case should investigate their lawyer’s background and qualifications before retaining their services.

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Posted In: Automobile Accidents , Civil Procedure , Torts , Trial Techniques

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Georgia injury attorneys are aware that in all cases where you are seeking money damages against a municipality on account of injuries to a person you must send them an ante litem notice within six months of the event. Many of theses cases or claims arise from automobile accidents, trucking accidents, police chases and other tort cases. Georgia law actually prohibits bring any action against a municipality without first giving them such notice as provided by the statute, O.C.G.A.§36-33-5.

Georgia Representative Edward Lindsay has introduced a new Bill (House Bill 125) which, if passed will amend the current statute with respect to claims involving damage to real property. Specifically, the amended bill extends the time period for sending the ante litem notice to municipalities from 6 months to 12 months for claims for damage to real property. It also provides: “In the case of a claim involving damage to real property, where the adjustment by the governing authority fails to result in a settlement and the claimant recovers a judgment in excess of any amount offered in settlement, a penalty in the amount of 25 percent of the recovery shall be added to the judgment”.

If you or a loved one has been injured as a result of the negligence of someone employed by a municipal corporation, you should contact one of the injury lawyers at Finch McCranie, LLP who will insure that your rights are preserved.

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Posted In: Automobile Accidents , Police Chases , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an intersection near her campus. The injuries she sustained led to her having several surgeries and the partial amputation of her left leg.

The Finch McCranie, LLC firm in Atlanta, Georgia believes cyclists have the right to hold negligent drivers responsible for the harm they cause. If you have been hurt in a bike-car collision, you should contact a Georgia bike accident injury attorney at Finch McCranie, LLP. We have helped Georgia accident victims with the compensation they deserve since 1965, and we are committed to providing personalized service. For a free consultation, call us at 1-800-228-9159.

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Posted In: Automobile Accidents , Brain Injury , Wrongful Death

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At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.

Drivers are considered to be alcohol-impaired when their blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Thus, any fatality occurring in a crash involving a driver with a BAC of .08 or higher is considered to be an alcohol-impaired-driving fatality. In the NHTSA study the term driver included motorcycle operators as well as car and truck drivers.

In 2007, 12,998 people were killed in alcohol-impaired-driving crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.

While these numbers are entirely too high, traffic fatalities in alcohol-impaired-driving wrecks decreased nearly 4 percent from 13,491 in 2006 to 12,998 in 2007. The 12,998 fatalities in alcohol-impaired-driving crashes during 2007 represent an average of one alcohol-impaired-driving fatality every 40 minutes.

In 2007, all 50 States, the District of Columbia, and Puerto Rico had by law created a
threshold making it illegal per se to drive with a BAC of .08 or higher. Of the 12,998
people who died in alcohol-impaired-driving crashes in 2007, 8,644 (67%) were
drivers with a BAC of .08 or higher. The remaining fatalities consisted of 3,581 (28%)
motor vehicle passengers and 773 (6%) pedestrians.

In 2007, a total of 1,670 children age 14 and younger were killed in motor vehicle
traffic crashes. Of those 1,670 fatalities, 245 (15%) occurred in alcohol-impaired driving
crashes. Out of those 245 deaths, more than half (130) were occupants of a
vehicle with a driver who had a BAC level of .08 or higher. Another 29 children age 14 and younger who were killed in traffic crashes in 2007 were pedestrians or cyclists who were struck by drivers with a BAC of .08 or higher.

The rate of alcohol impairment among drivers involved in fatal crashes was four
times higher at night than during the day (36% versus 9%).
In 2007, 15 percent of all drivers involved in fatal crashes during the week were
alcohol-impaired, compared to 31 percent on weekends.

In fatal crashes in 2007 the highest percentage of drivers with a BAC level of .08 or
higher was for drivers ages 21 to 24 (35%), followed by ages 25 to 34 (29%) and 35
to 44 (25%). The percentages of drivers involved in fatal crashes with a BAC level of .08 or
higher in 2007 were 27 percent for motorcycle operators and 23 percent for both
light trucks and passenger cars. The percentage of drivers with BAC levels of .08 or
higher in fatal crashes was the lowest for large trucks (1%). In 2007, 7,058 passenger vehicle drivers killed had a BAC of .08 or higher. Out of those 7,058 driver fatalities, for which restraint use was known, 73 percent were unrestrained.

Drivers with a BAC of .08 or higher involved in fatal crashes were eight times
more likely to have a prior conviction for driving while impaired (DWI) than were
drivers with no alcohol related prior convictions.

Continue reading "Drunk Driving Statistics Released" »

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Posted In: Automobile Accidents

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Our U.S. law firm celebrates Canada's Thanksgiving Day in October for a reason. When some Canadian citizens suffered tragic injuries and deaths in a tractor-trailer accident in Georgia some years ago, a Canadian lawyer contacted me to represent his parents, who had lost a son in this horrific truck wreck.

That role of helping Canadian families with their legal needs grew, as another Canadian family (through their Canadian lawyer) contacted me for the same reason.

I spent a Canadian Thanksgiving visiting the surviving parents, siblings, nieces, nephews, and in-laws of one of the most delightful human beings whom I never had the pleasure of meeting, but whom I came to know through representing his family through this tragedy. Their "real" Thanksgiving was delayed until we successfully resolved their case.

Later, in visiting the homes of other Canadian clients, I developed more of these bittersweet relationships with very fine people who live north of our U.S. border. We are now lifelong friends.

Recently, in visiting with our Canadian consul and his wife in Atlanta (terrific people who are neighbors of ours), I recounted some of the stories of these wonderful families. He requested our firm's contact information and said he was glad to know that our law firm is available to help Canadian families dealing with personal injuries or deaths in the U.S.

We have a great appreciation for our clients from Canada, and look forward to helping other Canadian families.

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Posted In: Automobile Accidents , Aviation Accidents , Brain Injury , Premises Liability , Truck and Tractor Trailer Accidents , Wrongful Death

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It seems that almost everyday there is a news story in the Atlanta and Georgia media involving the tragic death of a young person in a traffic accident. Many times alcohol is involved.

Fatal car wrecks involving alcohol impaired young drivers are a major concern, especially around the Christmas and New Years holidays. The National Highway Traffic Safety Administration (NHTSA), recently released a study involving alcohol related deaths from crashes involving 21-24 year old drivers. The findings are disturbing.

The study was based upon data from the years 2003 trough 2007. Data from 2008 is not yet available. Statistics show that drivers 21-24 years-old consistently have the highest level of involvement in alcohol impaired driving fatalities. In 2007, 35% of 21-24 year-old drivers involved in fatal crashes were impaired by alcohol. This is based upon a blood alcohol level of .08 + grams per deciliter which is the level at which a driver is presumed to be impaired.
Drivers in the 21 to 24 year-old group were the most frequently involved age group in alcohol related crashes.

While alcohol impaired driving is always a major concern, there are certain times of the year when the problem is more prevalent. The percentage of impaired drivers involved in fatal crashes during the last two weeks of December increases among all age groups. But, the percentage among 21-24 year-olds is the highest, just as it is throughout the year. In crashes involving the 21-24 year-old group during the last two weeks of December, almost 4 fatalities out of ten resulted from alcohol impaired driving crashes.

In Georgia, in 2007, there were 263 fatality crashes reported involving the 21-24 year-old group. Of these, 72 involved were alcohol impairment.

Continue reading "Georgia and National Car Wreck Fatalities Involving Alcohol Impaired Young Drivers" »

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Posted In: Automobile Accidents

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Van accidents continue to be a major cause of death and injury on the nation’s roadways. Our Atlanta injury lawyers are keenly aware of these dangers. Fifteen-passenger vans typically have seating positions for a driver and 14 passengers. They are widely used by community organizations to take members on short trips and outings. Colleges use them to drive sports teams to intercollegiate games and vanpools use them for commuters.

Recent research conducted by the National Highway Traffic Safety Administration (NHTSA) has found that the risk of a rollover crash is greatly increased when 10 or more people ride in a 15-passenger van. This occurs because the passenger weight raises the vehicle’s center of gravity and causes it to shift rearward. The van then has less resistance to rollover and is more difficult to control in an emergency situation. Placing any load on the roof also raises the center of gravity and increases the chance of a rollover.

A rollover crash is a complex event. In studies of single-vehicle crashes, NHTSA discovered that more than 90 percent of rollovers occur after a driver has lost control of the vehicle and has run off the road. NHTSA identified three major situations which led to rollover accidents in 15-passenger vans.

1. The van goes off a rural road. In this case, the van is likely to overturn when it strikes a ditch or embankment or travels onto soft soil.

2. The driver is fatigued or driving too fast for conditions. A tired driver is more likely to fall asleep at the wheel and lose control. High speeds can cause the van to slide sideways off the road causing the tires to dig into dirt.

3. The driver overcorrects the steering as a panic reaction to an emergency or to a wheel dropping off the pavement.

In the last ten years over 80 percent of people killed in rollover crashes in 15-passenger vans were unbelted.Seat belt use is especially critical because large numbers of people die in rollover crashes when they are partially or completely thrown from the vehicle. The risk of death or serious injury can be greatly reduced in a rollover crash by the use of seat belts.

Since most rollover crashes involve single vehicles they are often preventable.
NHTSA offers the following tips for drivers to minimize the risk of a rollover crash and serious injury or death:

1. Avoid conditions that lead to a loss of control. Never drive while under the influence of alcohol or other drugs. Make sure you are well rested and attentive, and always slow down if the roads are wet or icy.

2. Drive cautiously on rural roads. Be particularly cautious on curved rural roads and maintain a safe speed to avoid running off the road.

3.Know what to do if your wheels drop off the roadway. If your wheels drop off the roadway, or pavement, gradually reduce speed and steer back onto the roadway when it is safe to do so.

4. Properly maintain your tires. Make sure your tires are properly inflated and the tread is not worn down. Worn tires can cause your van to slide sideways on wet or slippery pavement. Improper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and treadwear once a month.

5. When a 15-passenger van is not full, passengers should sit in seats that are in front of the rear axle.

6. More than 15 people should never be allowed to ride in a 15-passenger van.

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Posted In: Automobile Accidents , Products Liability , Torts , Truck and Tractor Trailer Accidents

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As attorneys representing injury victims of automobile accidents, tractor tailor truck accidents and medical malpractice claims we have had many occasions where the insurance company lawyer contacts our client’s own doctor to talk about the case without our knowledge. Fortunately that conduct is now a violation of law.

The Georgia Supreme Court recently heard a case where the plaintiff sued her husband’s doctor for malpractice. After she produced his medical records from three of his previous doctors, the insurance defense lawyer contacted them informally and asked about the man’s medical condition.
Under state law, once a plaintiff puts his or her medical condition at issue, the defense attorney can informally contact the treating physicians about the plaintiff’s medical condition. But the plaintiff argued that these ex parte conversations violated HIPAA’s provisions requiring notice and consent from the patient before the disclosure medical records. The Supreme Court of Georgia Court agreed and has now held that the insurance defense lawyer’s ex parte communications with the plaintiff’s prior to treating physician violated the privacy rules of the Health Insurance Portability and Accountability Act (HIPAA). In it’s decision the court said:

“We find that HIPPA preempts [state ] law with regard to ex parte communications between defense counsel and plaintiff’s prior treating physicians because HIPAA affords patients more control over their medical records when it comes to informal contacts between litigants and physicians...

“HIPAA... prevents a medical provider from disseminating a patient’s medical information, whether orally or in writing, without obtaining a court order or the patient’s express consent. In other words, HIPAA requires a physician to protect a patient’s health information, unless the patient is given reasonable notice and an opportunity to object...

“Thus, in order for defense counsel to informally interview plaintiff’s treating physicians, they must first obtain a valid authorization, or a protective order, or ensure that the patient has been given notice and an opportunity to object to the ex parte contact, all in compliance with the requirements of HIPAA”.

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Posted In: Automobile Accidents , Medical Malpractice , Truck and Tractor Trailer Accidents

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As serious injury lawyers we are increasing getting calls from victims of motor vehicle accidents caused by debris on Georgia’s highways and even Interstate highways. It is bad enough to come up on road debris in an automobile but it can easily result in the wrongful death of someone on a motorcycle. In Atlanta, it is not uncommon to see old furniture, ladders and other objects which have fallen off of vehicles.

This week, a Nepali student was killed in a motor vehicle accident in Fairfax County, Virginia. Kritika Singh, 21, who was driving an Isuzu Rodeo, died in the accident while avoiding a mattress laying on the roadway on I-66 highway. According to Virginia State Police, a box truck, which was in front of her vehicle, turned sharply to avoid hitting the mattress. Singh’s vehicle traveling behind the truck, hit the mattress, ran off the road and hit the truck.

A Georgia resident was killed when he tried to avoid a pickup truck bed liner which had blown out of the bed of the truck onto the highway. In that case authorities were able to trace the bed liner to the owner of the truck and criminal charges were lodged against the owners.

It is often difficult to identify the person or entity who was responsible for littering highways with road debris; however, we have on occasion been successful in doing so. If you have been injured as a result of similar accidents, it is imperative to contact a lawyer at Finch McCranie, LLP immediately so that a good and timely investigation can be done.

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Posted In: Automobile Accidents , Motorcycle Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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As Georgia lawyers handling automobile accident and truck accident cases we have litigated many such cases against Georgia municipalities. I recently read about a case where a man and his wife in Columbus, Georgia filed a personal injury lawsuit against the City of Columbus and a former firefighter to recover for injuries sustained after he ran into their vehicle with a city fire truck. The former firefighter who reportedly tested positive for cocaine an hour and 15 minutes after the crash resigned his job shortly after the collision

What is interesting about the case is that under current Georgia law, city and county governments have sovereign immunity which is waived only to the extent of available liability insurance they may have in force. In this case, the City had $100,000.00 in liability coverage and therefore that was the extent to which the plaintiffs could normally recover from them even if a jury had awarded them substantially more. Fortunately for these injured victims the City of Columbus apparently saw fit to pay them an amount over and above the $100,000.00 in liability insurance and settled the case with them for $175,000, but it could have been different.

Georgia’s sovereign immunity law is unfair to victims of automobile and truck accidents which are caused by the negligence of government employees in the performance of their jobs. People should call their state legislators and ask that cities and counties be held accountable like a private person. It is outrageous to think that a person can be injured or killed by a negligent city or county employee and that the victim would be limited in their recovery to whatever insurance may have been purchased by the governmental entity. The state and the counties should be liable for injuries or death just like any other private citizen.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Wrongful Death

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In November of 2000, while ballots were being counted in Florida, I stood in the trauma unit of the Orlando Regional Medical Center with my daughter who had been assaulted. Over the month she was there, one helicopter after another landed on the roof of the trauma unit delivering victims of automobile accidents and motorcycle accidents with severe injuries. Many of them died and many of them sustained severe brain injuries. Many of those traumatic brain injuries occurred because the person riding the motorcycle had no helmet on at the time of the collision. Georgia has a mandatory helmet law requiring all people operating or riding motorcycles to wear helmets - no exceptions. Florida law does not require the use of helmets if you are at least 21 years old and “covered by an insurance policy providing for at least $10,000.00 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.” Four states still have no helmet law whatsoever, Illinois, Colorado, New Hampshire and Iowa. The Centers for Disease Control (CDC) in Atlanta publishes statistics on traumatic brain injuries by state and the numbers, while high, are not surprising when comparing the two states. For example in 1998, the number of nonfatal TBI hospitalization cases in Georgia was 5,581. The number in Florida was 12719, more than twice that of Georgia!

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents

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Georgia injury lawyers who represent victims of spinal cord injury (SCI) see the devasting results of truck accidents, automobile accidents and on-the-job or workers compensation accidents. According to the National Spinal Cord Injury Association, as many as 450,000 people in the United States are living with a spinal cord injury (SCI). Every year, an estimated 11,000 SCI's occur in the United States. Most of these are caused by trauma to the vertebral column, thereby affecting the spinal cord's ability to send and receive messages from the brain to the body’s systems that control sensory, motor and autonomic function below the level of injury.

According to the Centers for Disease Control and Prevention (CDC), SCI costs the nation an estimated $9.7 billion each year. Pressure/bed sores alone, a common secondary condition among people with SCI, costs an estimate $1.2 billion. While there are advances in emergency care and rehabilitation which allow many SCI patients to survive, methods for reducing the extent of the injury and for restoring function are still limited. Currently there is no cure for SCI. Therefore, prevention of SCI from happening in the first place is key.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Workers Compensation

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In Georgia it seems more and more that there is not enough insurance to take care of people hurt in automobile accidents. As Georgia injury lawyers representing the injured victims of automobile accidents and truck accidents we are acutely aware of the fact that the other driver too often has low or no liability insurance limits. Review your own coverages. Two critical coverages are Medical Payments Coverage and Uninsured/Underinsured Motorist (UM) Coverage. Medical payments covers you and your passengers for your medical expenses regardless of who caused the accident. It is very inexpensive coverage compared to any other health insurance. Uninsured/underinsured motorist (UM) coverage acts the same as if the other driver had liability insurance and pays you for all of the damages you would be entitled to recover from the other driver up to the limits of the coverage. It also is much cheaper than the cost of your liability coverage and can be purchased in the same limits as your liability insurance. Georgia requires that this coverage be provided if you buy liability coverage unless you waive it in writing. Many times agents don’t mention that you can buy additional coverage. Take a look at your automobile insurance policy and call your insurance agent to review your coverage.

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Posted In: Automobile Accidents , Truck and Tractor Trailer Accidents , Uninsured Motorist Coverage

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As Georgia injury lawyers who have handled many automobile and truck accident cases, we sometimes see defective products that lead to injury and death in collisions. One such defect involves airbags. Although airbag failures are not common, there are many reasons for there failure. Many fail because of design defects or defects in components.

Just last month, Nissan Motor Co Ltd announced plans to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger side airbag could fail to deploy properly in an accident.

The voluntary recall covers 2007 and 2008 Nissan Altima, Altima Coupe, 350Z, Murano and Rogue; and Infinity G35 Sedan, G37 Coupe and EX35 built from March 12, 2007 to May 27, 2008, according to a notice the company provided to the U. S. Highway Traffic Safety Administration.

Nissan said it began to investigate the issue in November 2007 after receiving several warranty reports of airbag warning lamps flashing. In late September, Nissan determined that a safety-related defect existed and it should conduct a recall.

In some vehicles the passenger side airbag could fail to receive a proper signal and a supplemental airbag warning light could flash and a status light would illuminate to warn the driver that it is not working properly.

If you or someone you know have sustained serious injuries as a result of having been in a collision where the airbag in your vehicle did not deploy, it is critical that the vehicle be protected and preserved so that it can be examined by an expert. Too many times the vehicle is left out in the weather and or sent to a salvage yard where critical evidence is lost forever.

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Posted In: Automobile Accidents , Products Liability , Wrongful Death

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According to news reports, Atlanta Police Officer Sgt. Darrell Johnson was killed on Friday morning, October 24 when his vehicle was struck head-on by a fleeing suspect during a high speed police chase. Not only was the police officer killed, the fleeing suspect was killed as well.

The newspaper reports are sketchy, however, it appears that the high speed chase began when authorities received a 911 call from a member of the public who had spotted the suspect’s car while weaving. The officers apparently attempted to make a traffic stop of the suspect. When the suspect refused to stop for the suspected traffic violation, he took off, thus initiating a “high speed” chase. During the chase, the suspect lost control, crossed the center line and hit Sgt. Johnson’s vehicle head-on.

According to the news accounts of this tragic incident, it appears that the fleeing suspect was a veteran of the Iraq war. He may have had personal issues based on his experience there. The police allege that he was driving while drunk, but there is no indication whether this is based on a blood alcohol test or just based on his driving at the time. Either way, it seems evident that a drunk driver who is not being pursued by the police is not nearly as dangerous as is the drunk driver who is attempting to elude officers while traveling at high speeds while impaired. At least one expert, Professor Geoffrey Alpert of the University of South Carolina, has been known to say that the one thing that is much worse than a drunk driver is a drunk driver being chased at high speeds by the police.

While it is difficult to evaluate this particular case based on the sketchy news reports, what is troubling about the account is that it appears that this high speed police chase was initiated for a traffic violation only. Clearly, the danger to the public presented by a high speed police chase can be greater than is the danger presented by a mere traffic violator. The police should not be chasing someone for a mere traffic offense when other innocent members of the motoring public are placed at risk of either serious injury or death. To impose the death penalty upon an innocent member of the motoring public in order to apprehend a traffic violator makes little or no sense. The police simply need to recognize that sometimes the suspect has to be allowed to escape so that the chase itself will not endanger the innocent motoring public.

Having seen many other innocent persons killed or injured during high speed police chases, we continue to advocate that the police should chase at high speeds only when the public itself is endangered by the suspect. Yes the police should chase murderers, rapists, carjackers and other armed violent felons, but to chase someone at high speeds for a traffic violation is to unnecessarily place the entire public at risk. When the death penalty is imposed upon the innocent for a minor traffic offense, we would submit that the public is neither served nor protected which, of course, is the paramount duty of all law enforcement officials.

Continue reading "High Speed Chase Ends In Two Deaths: Was It Worth It?" »

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Posted In: Automobile Accidents , Police Chases , Wrongful Death

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In our serious injury practice, we are often encountered by cases where there is a dispute concerning liability for a particular collision. The tractor-trailer driver contends that he was forced off the road by an unknown John Doe motorist. The at fault driver who ran over the pedestrian claims that he or she could not see the pedestrian due to lighting conditions. The driver who is speeding denies that, in fact, he was speeding, and on and on. In cases involving serious or catastrophic injuries and/or death, it is often necessary in such cases to retain the services of a qualified accident reconstruction expert to establish exactly what happened. A qualified forensic engineer typically can reconstruct an accident based on measurements made at the scene by investigating police officers and/or based on the physical damage to the vehicles. A crush analysis can be performed on vehicles whereby a trained accident reconstruction expert can determine the speed of the vehicle which had to have occurred in order to create the objective crush damage to the vehicle. For example, if a vehicle’s front end is knocked in by a foot or so by another vehicle, the engineer can get the respective weights of the vehicles and can determine through calculations exactly how much force had to be applied to deform the vehicle to such an extent. This then can be translated into speed which can prove liability on behalf of the driver who caused the collision.

For those unfortunate victims of serious injury claims, particularly in those cases where there is a dispute concerning liability for a particular crash or collision, it is necessary that such a victim confer with counsel who is experienced dealing with accident reconstruction experts. Quite literally, a good accident reconstruction expert can either make or break a case where liability is contested. Our firm likes to use engineers from the Georgia Institute of Technology because they carry quite a bit of credibility with local juries. However, we have also worked with accident reconstruction experts throughout the country depending upon the type of vehicle collision involved. For example, there are some experts that specialize in under-ride situations where a car under-rides a tractor-trailer, there are other experts who specialize in engineering issues concerning the design of dangerous roads and bridges and there are other experts who have considerable expertise with respect to rollovers, seatbelts, brakes and the like. The point to be made, of course, is that in any serious or catastrophic claim, the victim needs to confer with counsel who is experienced in dealing with forensic engineers so that responsibility for a particular collision can be reconstructed by that engineer and liability established. Without proof of liability, of course, counsel’s ability to obtain compensation for the innocent victim of a serious collision is limited, thus because such proof is so important, an accident reconstruction expert should always be considered in any potentially serious injury case involving contested liability issues.

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Posted In: Automobile Accidents , Torts , Trial Techniques , Wrongful Death

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Needless to say, our attorneys are often asked by our clients when they should settle their personal injury lawsuit and in what amount. These question, many times, presuppose that both liability and damages are clear enough to warrant a settlement in a particular case. Oftentimes, liability is hotly contested as are damages and a case is therefore made more difficult from the settlement standpoint. However, in a case where the liability of the person causing the injury is rather clear and the damages are well documented, a fair settlement should be achieved. It is with respect to this type of case that we attempt in this blog to answer the question posed.

When should the client settle his lawsuit when he or she has a good case of liability and damages? The answer is when an offer is made that represents the fair value of the claim. How is the fair value of a claim determined? By analyzing Jury Verdict research data for similar cases involving similar facts of liability and damages in similar venues to make sure that the settlement offer being made is most likely the same amount that could be obtained by the client in front of a jury. Our attorneys tell our clients that if they are offered in settlement an amount of compensatory damages that would roughly be what they could expect to receive from a fair and impartial jury then they should settle their case. If they do not get such an offer they should refuse the settlement and proceed to trial. Obviously, if they get an offer over and above the claim evaluation of what a fair jury would do, they clearly should take the settlement offer.

Many times our clients tell us to settle cases when we recommend against it. Sometimes an offer is made that, in our judgment, is lower than what we would obtain from a jury and nonetheless the client does not wish to gamble and wishes to settle the case even though the amount of money being offered might not reflect the best settlement possible. In other cases, when a fair offer is made, we have had clients who have told us not to accept the offer because they do not think it is enough based on their own subjective evaluation. Obviously, when subjectivity enters into the picture and dominates the analysis, cases become difficult to settle.

One who has been seriously injured has a great deal of difficulty attaching a dollar figure to their pain and suffering. Indeed, no amount of money can compensate for amputated limbs lost vision, paralysis, broken backs, broken necks, incredibly complicated surgery, lost jobs, foreclosed homes, etc. We see all of these things in serious and catastrophic injury cases and therefore it is very difficult to talk about “fair” compensation for such claims. The innocent victim of negligence, who was sitting at a red light and hit by the drunk driver, who undergoes surgery, loses their job and is permanently injured has a great deal of difficulty determining what might be a fair settlement for their case. Subjectivity, obviously, enters into the picture which is why it is they need objectivity from their attorney. An objective attorney looks at the facts, compares it to what other juries are doing under similar circumstances and advises the client what a fair settlement would be, again, that being the amount of money that a jury most likely would award if they heard all the evidence, both on liability and damages.

Continue reading "Settling a Personal Injury Law Suit" »

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Posted In: Automobile Accidents , Torts , Trial Techniques

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Our attorneys routinely handle serious injuries arising out of car collision and crashes. We are always amazed to learn just how little the public knows about automobile insurance coverages and generally how they work. The purpose of this blog is simply to set forth some of the basic principles so that the public can be educated about how automobile insurance coverage works in the typical case.

When someone runs a stop sign and causes a car crash and collision, the innocent victim who did nothing wrong to cause the collision but, nonetheless, is injured has a claim against the at fault driver. Under Georgia law, as is true in most cases, the legal claim cannot be filed against the insurance carrier for the driver but only the driver alone. The driver’s automobile liability insurance policy, however, will provide the at fault driver with a defense against the claim.

In order to legally operate a vehicle in Georgia, all drivers must have a valid liability insurance policy with minimum coverage in the amount of $25,000.00 per person $50,000.00 per accident. What this means is that if there is a car crash or collision and someone is injured, the at fault driver’s insurance company will be responsible to pay no more than $25,000.00 to any person injured in the accident, and no more than $50,000.00 for all persons injured in an accident no matter how many persons are involved. Obviously, such minimum limits are woefully inadequate to address the serious injury or catastrophic claim. This is why we always recommend to our clients that they purchase uninsured or underinsured motorist coverage.

In the hypothetical case mentioned, if the at fault driver runs a stop sign and catastrophically injures the innocent victim, should the at fault driver only have the minimum limits required by law, that being $25,000.00 per person $50,000.00 per accident, it is evident that the $25,000.00 in coverage would probably be consumed by medical bills arising from the incident not to mention lost wages, pain and suffering and other economic and non-economic damages. To protect one’s self from the negligence of a third party who has minimum or no insurance coverage, the public should always purchase uninsured or underinsured motorist coverage for the benefit of themselves. If in the hypothetical situation the innocent victim had $100,000.00 in uninsured motorist coverage, even if the at fault driver only had $25,000.00 in coverage, the innocent victim could seek the difference from their carrier, that being $75,000.00 in underinsured coverage for a total recovery of $100,000.00 ($25,000.00 liability coverage and $75,000.00 underinsured coverage) verses a recovery of only $25,000.00 which would have been the maximum recovery had there been no uninsured/underinsured motorist coverage available.

In addition to liability insurance coverage which is mandated by law to operate a vehicle, as mentioned, the importance of uninsured motorist coverage cannot be stressed enough. For those who do not have good healthcare plans, there is also the availability of Medical Payments coverage which applies to medical bills arising out of an automobile collision regardless of fault. Once again, we advise those clients that we represent to always look at their medical payments coverage very carefully and to explore whether they need such coverage should they not otherwise have good healthcare coverage.

Continue reading "Car Crashes, Car Collisions and Automobile Insurance" »

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Posted In: Automobile Accidents , Insurance Company Abuse , Torts

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There is a common misconception that all work related injuries are solely covered by Workers’ Compensation statutory benefits. While it is true that any employee who is injured on the job while working for their employer is entitled to workers’ compensation benefits, this does not necessarily mean that the injured worker is limited to the recovery of such benefits. If a third party, such as an independent contractor unrelated to the employer, participates in a negligent or wrongful act that results in a injury to the innocent victim, there may be a claim that can be filed against that third party separate and distinct from the workers’ compensation benefits available to the injured employee for the on-the-job injury.

Oftentimes in our practice, we see situations where clients have been represented by other attorneys who have only recovered workers’ compensation benefits for them, notwithstanding the fact that there was a potential third party claim. As an example, if an employee is injured in a manufacturing plant due to a defective machine, there may be a third party product liability claim against the company that manufactured or maintained the defective machine. If the injured employee is hurt on the job because of the negligence of a third party vendor or supplier, there may be a liability claim that can be asserted by counsel for the injured employee against that third party.

It is always important in any on-the-job injury case that counsel diligently explore the possibility of pursuing third party claims. Workers’ compensation benefits are quite minimal, particularly where catastrophic injuries are involved. While the injured employee is entitled to receive repayment of their medical expenses, lost wage benefits are less than $500.00 a week. Accordingly, if someone is catastrophically injured, the only available recovery for pain and suffering and lost earning potential will be a third-party liability suit assuming a third party was a participant in the underlying act that lead to the on-the-job injury.

When dealing with a work related injury case, the victim in such a circumstance should always make sure that they confer with counsel about the possibility of third party claims relative to their workers’ compensation case. This cannot be stressed enough because often there are other avenues of recovery which experienced counsel can explore and later exploit for the injured employee. Indeed, in many catastrophic and serious injury cases, were it not for the availability of a third party recovery, the injured employee would hardly be compensated in any just manner.

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Posted In: Automobile Accidents , Workers Compensation

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Under Georgia law, the driver of an authorized emergency vehicle, including a law enforcement vehicle, when responding to an emergency call, has certain privileges that are not available to other drivers. As an example, the authorized emergency vehicle operator may proceed past a red or stop signal and exceed the maximum speed limits posted so long as he or she does not endanger life or property. The authorized emergency vehicle may also disregard regulations governing direction of movement or turning in specified directions. The exceptions for authorized emergency vehicles only apply, however, when the emergency vehicle is making use of an audible signal and use of flashing and revolving lights visible for a distance of 500 feet. Thus, fire trucks, ambulances and police officers are excepted from normal statutory provisions governing the movement of their vehicles provided they have their siren and lights operating at the time. However, even if lights and sirens are being used, the foregoing provisions “shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.” See O.C.G.A. § 40-6-6(d)(1).

There is no inherent right of an emergency vehicle operator to disregard the law. If it is unsafe to do so and an ambulance driver or fire truck proceeds through an intersection without slowing down, this can be negligence which is actionable under Georgia law. While the facts of each case are obviously different, even authorized emergency vehicles must exercise “due regard” for the safety of the public. If they operate their emergency vehicles in a manner which is clearly dangerous, the governmental entity can be held liable under Georgia law. Nonetheless, sovereign immunity is always a problem in these cases. If the officer was truly responding to an emergency and was exercising due regard for the safety of the public, sovereign immunity will work to defend the government against civil claims arising from an unfortunate collision that occurs during the authorized use of an emergency vehicle.

We have seen many cases where innocent third parties were caught up in collisions with emergency vehicles. We have seen these with ambulance drivers, police vehicles and fire trucks. Eyewitness testimony concerning whether lights and sirens were being used and/or whether the operator of the vehicle was exercising due regard for the safety of the public is key to investigating these cases. Because every case is factually specific and because the doctrine of sovereign immunity is always an issue in these cases, any victim of such a collision should confer with counsel as soon as possible.

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Posted In: Automobile Accidents , Torts , Wrongful Death

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Truck accidents involving trailer underriding or under-running -- where a car or other passenger vehicle passes under a trailer being pulled by a truck tractor or "big rig" -- remain severe personal injury accident hazards to automobile passengers in Georgia and elsewhere. Over the years, we have seen that catastrophic injuries -- including occupant death by decapitation, closed-head or brain injury, and spinal paralysis -- almost always result from these common tractor-trailer accidents.

Further, the trucking industry has taken the position that since no federal law specifically requires side underride protection, there is no need for same -- despite the clear risk of serious injury or death from side underride collisions, which are more frequent than rear underrides. Thus, the law still fails, in large part, to protect the motoring public from this devastating auto accident hazard.

Sadly, despite a federal law requiring truck trailers to have a rear underride guard or bar, many older trailers on our highways either still lack this basic safety feature. Also, a scary reality is that, with the spread inland of Mexico-based truck traffic from the Mexico border, border states, and eventually most of the country likely will see an increase in these always-serious wrecks. But, without stricter federal laws, jury verdicts will continue to be the only engine for change and improved motorist protection from these crashes.

For an excellent resource for learning more about these tragic, yet all-too-frequent, types of auto accidents, as well as for research into many other highway safety issues, we recommend the IIHS (http://www.iihs.org/research/topics/trucks.html), or Insurance Institute for Highway Safety, as a place to start your research.

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Posted In: Automobile Accidents , Brain Injury , Truck and Tractor Trailer Accidents , Wrongful Death

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Our firm’s Georgia attorney’s have represented serious injury accident victims for many years who have been treated at various trauma centers. In Atlanta, most trauma patients are treated at Grady which is a Level-I facility. Trauma is any life-threatening occurrence, either accidental or intentional, that causes injuries. The leading causes of trauma are motor vehicle accidents, falls, and assaults. Trauma is the leading cause of death among Americans under 44 years of age. A trauma center is a hospital equipped to provide comprehensive emergency medical services to patients suffering traumatic injuries. Trauma centers were established as the medical establishment realized that traumatic injuries often require complex and multi-disciplinary treatment, including surgery in order to give the victim the best possible chance for survival and recovery.

In order to qualify as a trauma center, a hospital must meet certain criteria as established by the American College of Surgeons (ACS). Trauma centers vary in their specific capabilities and are identified by “Level” designation; Level-I (Level-1) being the highest to Level III (Level 3) being the lowest (some states have four designated levels, in which case Level IV (Level 4) is the lowest).

Higher levels of trauma centers will have trauma surgeons available, including those trained in such specialties as neurosurgeons and orthopaedic surgeons as well as highly sophisticated medical diagnostic equipment. Lower levels of trauma centers may only be able to provide initial care and stablisation of a traumatic injury and arrange for transfer of the victim to a higher level of trauma care. The operation of a trauma center is extremely expensive. Some areas are under-served by trauma centers because of this expense. For example, in Florida, Orlando Regional Medical Center was built to serve five counties but currently serves more than 20. A trauma center will often have a helipad for receiving patients that have been airlifted to the hospital. In many cases, persons injured in remote areas and transported to a distant trauma center by helicopter can receive faster and better medical care than if they had been transported by ground ambulance to a closer hospital which is not designated as a trauma center. In almost every case, the sooner a trauma patient receives the expert care afforded by a trauma center, the better the outcome.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Truck and Tractor Trailer Accidents , Workers Compensation

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Unfortunately, the title of this entry is something we have witnessed in our practice far too many times. Each year in Georgia, truck driver fatigue contributes to serious collisions involving tractor-trailers and automobiles. Even though the United States Department of Transportation Federal Motor Carrier Safety Administration has very specific regulations concerning the number of hours that a driver may operate a tractor-trailer, what we have seen in our practice is that oftentimes these regulations are deliberately ignored and completely disregarded. Drivers logs, which are required by law to be kept by interstate carriers, are oftentimes falsified. We have seen cases were duplicate logs were kept in order to conceal the excessive hours being driven by the company’s truck driver. We have also seen many cases where they has been a complete failure by the employer/trucking company to enforce duty hours, log violations and other safety violations, which violations then lead to serious injuries and wrongful death claims.
Because serious injuries and wrongful death can be caused by driver fatigue, it is imperative that employers be held accountable for their lapses in this regard. Those trucking companies that allow their drivers to operate their trucks for an excessive number of hours or permit it through the “wink and nod method” where the driver is encouraged to drive more than is safe while the company, on paper, claims that they direct their drivers not to do so, obviously need to be punished. In this regard, it is important that counsel investigate a truck company’s safety and compliance programs to make sure that they are complying with the safety regulations in this area.
Beginning in the calendar year 2003, tractor-trailer drivers were permitted to drive eleven hours after ten consecutive hours off duty. Tractor-trailer drivers may not drive beyond the fourteenth hour after coming on duty, following ten hours off duty. Tractor-trailer drivers may not drive after being on duty for sixty hours and a seven consecutive day period or seventy hours in an eight consecutive day period. This on duty cycle may be restarted whenever a tractor-trailer driver takes at least thirty-four consecutive hours off duty. While these rules seem relatively straight forward, with increased pressure on the trucking company driver to deliver his loads on time and to drive long distances over long hours, enforcement and compliance are the keys to preventing serious injury and wrongful death claims involving driver fatigue.
Our attorneys have seen far too many preventable accidents where the drivers either fell asleep at the wheel or were on stimulants trying to keep themselves awake after driving long distances over excessive hours. Driving too long over a considerable distance is a recipe for disaster when a large tractor-trailer rig is involved. While the states and federal government attempt to enforce compliance with the safety regulations through inspections, litigation brought by innocent victims against trucking companies, that disregard their safety obligations seems to be one of the most powerful weapons available to actually encourage compliance. If these companies are forced to pay for their safety violations and compensate victims not only for damages caused, but also punitive damages because of their disregard of proper safety procedure, obviously, it is hoped that future injuries and death claims due to driver fatigue may be decreased.

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Posted In: Automobile Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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As Georgia injury lawyers we have seen the devastating effects of brain injuries which often result from automobile and truck accidents as well as on-the-job (workers compensation) injuries. A person who sustains a severe head injury and gets immediate, expert treatment has a better chance of having a more satisfactory outcome.

New research is being done with respect to effective treatment of head injuries immediately following head trauma. It has been reported in BioMed Central’s Journal of Biological Engineering that severe brain injury due to blunt force trauma could be reduced by application of a simple polymer, Polyethylene glycol or PEG, mixed in sterile water and injected into the blood stream. Andrew Koob and Richard Borgens from Purdue University, Indiana, performed experiments in rats which showed that PEG was effective in limiting damage if administered within four hours after the head injury. However, if treatment was delayed for a further two hours, the beneficial effects were lost. During the experiment, rats were injured with a falling weight and then PEG was administered fifteen minutes, two hours, four hours, or six hours later. The authors then carried out a series of behaviourial tests on the rats to determine the effectiveness of the PEG treatment.
According to Borgens, "These data suggest that PEG may be clinically useful to victims of traumatic brain injury if delivered as rapidly as possible after an injury". Such a treatment could be feasibly be carried out at the scene of an accident where PEG could be delivered as a component of IV fluids thus reducing long term brain injury.

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Posted In: Automobile Accidents , Brain Injury , Truck and Tractor Trailer Accidents , Workers Compensation

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Motorcycle injuries and deaths continue to rise as more people utilize motorcycles and scooters for daily transportation. The Washington Post reports that in an eight-hour span over the Labor Day weekend motorcycle accidents in the metropolitan District of Columbia area left four people dead. One top transportation official calls the rise in motorcycle crashes "our nation's greatest traffic highway safety challenge."

While only 2 percent of all vehicles on the nation's roads last year were motorcycles, they were involved in 11 percent of all traffic accidents. More than 5,100 riders were killed and 103,000 injured, according to the National Highway Traffic Safety Administration. Deaths have more than doubled over the last ten years. During this same time, overall traffic fatalities dropped last year to their lowest level since 1994. Some attribute this overall decline to safer cars and less travel due to gasoline prices.

The number of registered motorcycles and scooters in the United States is nearly 7 million. Sales of new motorcycles rose every year between 1992 and 2006 and now tops more than a million annually.

In response, the U.S. Department of Transportation, is formulating national standards for entry-level riders and has launched an educational campaign on the importance of wearing helmets and other safety gear. Congress has also become involved, authorizing $2 million for a study of crashes' causes.

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Posted In: Automobile Accidents

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Last night's deadly charter bus crash in California reportedly killed at least ten passengers, after the bus veered from the road, and rolled over into a ditch. Predictably, passengers were ejected from the bus or tossed around inside the bus, which in our experience greatly increases the severity of injury.

In last year's deadly bus accident involving the Bluffton University Baseball Team, our firm represents the most seriously injured surviving passenger. As we have written about previously, the NTSB found that the lack of seat belts or other passenger restraint systems, as well as type of materials used in windows, were factors in allowing passengers to be ejected from the bus.

Obviously, such basic equipment as seat belts saves lives--and yet somehow buses in this country continue to operate without them.

We will be following the reports and investigation of this crash, and our prayers are with the families of the victims. If the work we have done can assist them in any way, we will be be more than happy to share it.

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Posted In: Automobile Accidents , Products Liability , Wrongful Death

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We have written in the past about the danger of using aged tires on vehicles and the inherent rollover dangers in large passenger vans. We recently learned of the existence of an organization dedicated to addressing these dangers, educating the public about these dangers, and hopefully saving lives.

The American Center for Van and Tire Safety, acfvats.org, was established by Patrick James after the tragic death of his young daughter. On July 17, 2007, ten year old Alexis James was a passenger in a 15 passenger van traveling with others from her home in South Carolina to a softball game in Georgia. Unexpectedly, the left rear tire of the van suffered a failure, causing the van to rollover. Although Alexis was wearing the provided lap belt, she was ejected from the van and suffered fatal injuries.

Subsequent investigation determined that the van was traveling within the speed limit and there were no additional causative factors for the rollover other than the tire failure.

After the incident, Patrick James decided to direct his grief into positive action. He researched the failed tire and learned that it was over 13 years old, but had seen no use prior to installation on the van. It had been a spare. He learned that here was ample research demonstrating that tires over approximately 6 years old were subject to failure and should be replaced or not otherwise put into use. Many automobile manufacturers now make these recommendations and the NTSB has issued an advisory.

However, relatively few persons are receiving this information. Now, the American Center for Van and Tire Safety is working with the NTSB to start an public awareness campaign. Hopefully, the word will spread, and other families will not have to endure the losses suffered by the James family and many others. The American Center for Van and Tire Safety is to be commended for these efforts

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Posted In: Automobile Accidents , Products Liability , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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Not only must Georgia car accident, truck accident, and other personal injury victims fight the insurance companies to get a fair shake, but now days they must also swim against the tide of so-called “tort reform.” Brainwashed by propaganda, bought and paid for by the most dangerous industries and their insurers, potential jurors naturally come into court believing that all injured litigants are exaggerating - or worse. Sadly, we taxpayers often end up paying the medical and other bills that the wantonly, careless and dangerous today escape having to pay, thanks to “tort reform.” As an example, insurance companies recently tried to deny workers compensation benefits to the dependants of undocumented hispanic workers who were killed or seriously injured on-the-job. Fortunately, the Georgia Court of Appeals did not buy their arguments and recognized that it as another attempt for insurance companies who received a premium for the coverage, to shift the financial responsibility to state and federal government and taxpayers.
Car accidents and other personal injury victims normally require expensive healthcare, and lose pay checks while unable to work. If the insurer for the careless driver, dangerous company, defective product manufacturer or other “injury-causer” is not held liable for the injury, then the victim likely will have no choice but to let Medicaid pick up the healthcare tab, and let the Social Security system pay disability benefits to replace earnings. The bottom line is that either the “injury causer” pays, or you and I do. Another reality, unknown to most of the public, is that juries are kept in the dark about insurance companies’ involvement in almost all personal injury trials. Even though an insurer actually is behind the entire fight in almost all personal injury cases - paying for the defense lawyer and any judgment ultimately collected - the jurors never are told this in a typical personal injury trial. Furthermore, the injured person has to sue the actual “injury causer” himself, and not his insurance company. In actuality, insurance companies are intimately involved in all litigation, including selection and hiring “expert witnesses”, including physicians, to testify and give favorable “expert opinions”at trial. Most Georgia attorneys who handle personal injury, workers compensation and serious injury cases recognize the names of these “hired guns” because insurance companies use them over and over. Many of the “experts” earn a substantial part of their annual income doing nothing but “independent” medical examinations and then testifying.
We believe it is time for the public to learn the truth about these issues that is based upon hard evidence - data that is not the propaganda of those with a financial interest in not paying just claims. Along those lines, one article that appears to be an extensive and well documented resource on the truth about “tort reform” is “The Frivolous Case for Tort Law Change,” published in May of 2005 by the Economic Policy Institute. In it are many other resources documenting this simple fact: “Tort reform” clearly is a very elaborate, and successful, propaganda war being waged by those who either have political agendas and aspirations and those with a financial interest in not paying the claims of innocent people who have been injured and damaged by the negligence of others.

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Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents , Torts

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Severe personal injuries - often including spinal paralysis, closed head injury brain damage, and even death - frequently result from vehicle damage that is sustained in rollover car accidents in Georgia and other states. According to April 19, 2007 Status Report published by the Insurance Institute For Highway Safety, nine vehicles, all SUV’s and pickups, have more than 75 deaths per million vehicles in single vehicle rollover crashes, compared with an average of 24 in all 2001-04 vehicles during 2002-05. This higher rate is largely because of their relatively high centers of gravity. The vehicle with the very highest death rate in rollovers is the 2-door, 2 wheel-drive Chevrolet Blazer. Its 134 deaths per million in rollover compare with an average 38 in all midsize, 2 wheel-drive SUV’s and 28 in 4 wheel-drive versions. According to this publication, not all midsize SUV’s have high death rates in single vehicle rollovers. For instance, at the time of the report, no driver deaths were reported in the 2 wheel-drive Lexus RX 330. This vehicle and increasing numbers of other passenger vehicles, especially SUV’s, are becoming equipped with standard or optional electronic stability control (ESC). This feature has been shown to significantly reduce the risk of fatal single-vehicle crashes including rollovers. More evidence that this ESC effectiveness is that all but 3 of 15 vehicles with the lowest overall death rates have this feature, usually standard (the Chevrolet Astro, Honda Odyssey, and Honda Pilot don’t). In contrast, ESC isn’t standard on any of the 16 vehicles with the highest death rates, and its optional on only 1 (the Nissan 350ZX). Accordingly, it is apparent that the ESC feature is an important feature in saving lives and reducing serious personal injury cases on Georgia highways.

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Posted In: Automobile Accidents , Brain Injury , Products Liability , Wrongful Death

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Large vans are frequently used to transport college and other school sports teams, commuters, students, day care children, the elderly, and church groups. The accident rates for these vans are alarming.

According to the National Safety Transportation Board, between 1994 and 2004, there were 1,512 fatal crashes involving 15-passenger vans. In 2004 alone, 120 occupants of 15-passenger vans died in crashes involving these vehicles A total of 642 of these were single-vehicle crashes and 515 of the vehicles rolled over. More than half of the 15-passenger vans involved in single-vehicle accidents rolled over, compared to one-third of passenger cars.

A major problem with 15-passenger vans is that their tires are often underinflated, leading to higher tire temperatures, faster tire deterioration, and diminished driving stability. Adding passengers and cargo causes the center of gravity to move upward and rearward, increasing a vehicles tendency to roll over and increasing the potential for the driver to lose control in emergency maneuvers.

Fifteen-passenger vans are 3 times more likely to roll over when loaded with more than 10 passengers. In just two 15-passenger van crashes alone, in North Carolina and Texas in 2001, a teenager and four senior citizens died when left rear tires failed, the drivers lost control of the vehicles, and the vans rolled over several times.

Front and back tires may require different inflation pressures and these pressures may be higher than those of passenger car tires. Car tire pressures are typically the same for all 4 tires. However, van tires are very different with typically up to 50 lbs. in the front tires and up to 0 lbs. in the rear tires.

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Posted In: Automobile Accidents , Products Liability

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On July 1 of this year the state of California provided a great example for the state of Georgia in prohibiting by law drivers in California from holding a phone and talking while driving. Under the new law, a driver is prohibited from talking on a hand held cell phone while driving. Blue tooth handless cell use is permitted. There is also an exception for emergencies under this new law, however, obviously, the law is intended to promote safety awareness by drivers who are oftentimes distracted while talking on their cell phones.

This law should be emulated by every state in the country, not to mention the state of Georgia. Our firm has seen many accidents where the drivers were on their cell phones at the time of the incident. Indeed, we currently have a case where it appears that our client will lose his foot and possibly his leg due to the inattentiveness of a driver who was on her cell phone at the time.

California has been known in the past to lead the way on innovative laws that are designed to promote public safety. Interestingly, the first state to ban handheld cell phones was the state of New York. Both Connecticut and New Jersey also have similar laws on the books. From 2001 to 2006, police in New York have issued almost 1 million citations to motorists for talking on their phones while driving. Obviously, the law is being ignored by many in the driving public. Nonetheless, laws like this will increase public awareness of the dangers and hopefully will decrease driver inattentiveness.

We hope that the Georgia Legislature will soon follow these other states in enacting laws for the protection of Georgia citizens. If not, we feel that we will continue to see serious personal injury and wrongful death cases that could have been prevented.

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Posted In: Automobile Accidents , Torts , Wrongful Death

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On April 30 of this year on a busy interstate here in Atlanta, a Ms. Katherine Armstrong was killed when involved in a collision with an armored truck on a busy interstate highway in Atlanta. The driver of the truck was later charged with vehicular homicide. Ms. Armstrong was cleared of any wrongdoing. Based on what we have learned about this tragic incident, however, the emotional, psychological, physical and monetary damage caused by this wrongful death incident does not stop with the death itself but continues.

Ms. Armstrong was airlifted to the Grady Memorial Hospital following this incident. When she got there, a hospital employee by the name of Tacuma Jawara stole her wedding and engagement rings. This despicable crime was uncovered and the employee was charged with felony theft by taking. Thus, not only did the Armstrong family lose the life of a loved one, they had to undergo the indignity of a hospital employee stealing from a victim of this tragedy. Apparently Grady never conducted a thorough investigation of this gentlemen, for whatever reason, even though as we understand it, he has now been charged with yet another offense arising from a similar theft incident.

The victim’s husband is now left to raise by himself young children ages 1, 4 and 5. Not only did he lose his wife to an apparent vehicular homicide, he was further victimized by a criminal who essentially desecrated his wife’s body and committed acts that are totally and completely despicable. While this is bad enough, the fact remains that the emotional and psychological wreckage from this wrongful death incident unfortunately is only just beginning.

We see in our wrongful death practice tragedies similar to this all too often. The innocent victims of these tragic occurrences are left to themselves to pick up the pieces. Their families have been destroyed. Not only are there emotional scars, the young children obviously will have coping difficulties with the loss of their mother and the father/widower is now left to raise his family without the benefit of the mother’s and wife’s assistance. In short, the losses caused by these wrongful death tragedies are devastating but when criminal acts are involved, it is compounded almost beyond endurance.

When a crime is involved in the underlying act such as a driver under the influence of drugs or alcohol or some other aggravating circumstance, the full extent of the law should be utilized to make sure that those responsible for the wrongdoing are punished. We do not have sufficient information to determine the moral culpability of the truck driver who has been charged with vehicular homicide. However, based on what we have read, there can be no question about the moral culpability of the thief who preyed upon this family’s tragedy. We trust that the Court will impose the maximum sentence available under the law to punish this man for his transgressions. This family deserved better.

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Posted In: Automobile Accidents , Torts , Wrongful Death

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In our wrongful death practice, obviously, our attorneys have seen many tragedies, sometimes with devastating consequences for our clients and their families. This past week was no different as we were retained to represent the family of a young man who died while attempting to save the life of another. This young man gave his life and service to another, one of the highest and noblest acts of self-sacrifice possible. And yet, the matter has gone largely unnoticed by the metropolitan Atlanta community simply because of the tremendous amount of information with which we are all bombarded every single day living in such a large metropolitan area.

On July 6, 2008, Derwin Wayne Roy, Jr. came upon an accident on Interstate Highway I-75 South at 3:40 a.m. Two cars had been involved in a serious collision and the occupants of same were in need of assistance. Mr. Roy pulled his truck over to the side of the road, exited his vehicle and tried to help extricate one of the seriously injured individuals involved in the accident that he just happened upon. As he was escorting one of the injured occupants towards the shoulder of the road, unfortunately for Mr. Roy and this occupant, another vehicle traveling at a high rate of speed ran over both pedestrians on the highway killing them both.

After this tragic accident, the police found the cell phone of Mr. Roy. The last telephone call he made was to 911. He had called in the accident to the police and while awaiting for their arrival was attempting to render aid to those who had been injured. He lost his life while trying to get one of the vehicle’s occupants to safety off of the shoulder of the road. This truly was a hero’s death and should be recognized by our community as such.

As we stated at the beginning of this entry into our blog, all wrongful deaths are tragic for the families involved but in this particular case, the tragedy is especially poignant because a very nice young man lost his life at an early age (age 22) while doing what we all hope that we might be able to do if ever confronted with similar circumstances. We hereby offer our praise to this young man for the noble sacrifice that he made on the date of his death. Derwin Wayne Roy, Jr.: An American Hero.

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Posted In: Automobile Accidents , Wrongful Death

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According to investigators for the National Transportation Safety Board (NTSB), the March 2, 2007 Blufton University bus crash that killed 5 members of the Ohio Blufton University baseball team and injured 28 others was “an accident that didn’t have to happen.” After a year long investigation, investigators for the NTSB concluded that driver error, confusing highway signage and a lack of passenger safety features in the bus carrying the baseball team were all contributing factors in the collision which also claimed the lives of the bus driver and his wife.

Several of our lawyers driving to work pass the site of this tragic collision every day. The signage that was being used at the time was confusing and according to the NTSB is still inadequate from a safety standpoint even as of today’s date. Numerous recommendations were made by the NTSB to state and federal officials to improve the signage so as to reduce confusion for those using High Occupancy Vehicle (HOV) lanes. NTSB investigators concluded that the bus driver operating the bus in question thought he was getting onto an HOV “thru lane” when he drove onto an elevated exit ramp plowing through a stop sign at highway speed and hurling from the overpass onto the interstate below. Investigators with the NTSB determined that Georgia Department of Transportation officials negligently changed the layout of the signs after having trouble with their mounting. The changes made by the Georgia DOT deviated from federal guidance about placement of certain exit signs to make them more clear. Moreover, there were 9 accidents which occurred at the site between 1997 and 2000 including 3 fatal collisions. The drivers in all of those crashes were from outside the Atlanta area. According to the NTSB, had appropriate investigation been done at the state level by the Georgia DOT regarding these prior fatalities, the tragic accident involving the Blufton University baseball team might never have occurred.

Even though the signage at the exit was confusing at the time, there was signage available to the driver of the bus indicating that he was taking an exit. Also, once he entered the exit ramp, inexplicably, he traveled for 14 seconds at a speed of 65 miles per hour, never once slowing down even though there were warnings and stop signs ahead. There was no evidence of breaking activity until after the driver ran the stop sign crashing over the barrier that lead the bus to crash onto the underpass below. Thus, according to the NTSB, not only did inadequate and confusing signage erected by the Georgia DOT contribute to the collision, so did driver error. Additionally, because the passenger bus did not have occupant restraint systems and neither had lap belts or shoulder harnesses available for occupant usage, there was clearly a lack of protection for those in the bus. Since many of the baseball team members were ejected from the bus and sustained serious injuries, the NTSB noted that had there been occupant safety restraint systems, such ejections may have been avoided.

Regrettably, there are no federal standards requiring that commercial buses have occupant restraint systems for its passengers although there is a strong argument to be made that even despite the absence of such requirements the available technologies and alternative designs available to the manufacturers of buses is sufficient to impose such an industry standard of care particularly since such restraint systems are widely available in European countries.

Continue reading " The Blufton Bus Crash: “An Accident That Did Not Have To Happen”" »

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Posted In: Automobile Accidents , Torts , Wrongful Death

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This past year our firm handled several motorcycle accidents involving wrongful deaths and serious injuries. What we see in these cases is the importance of a motorcycle rider having uninsured motorist coverage to protect their interests. Even where a motorcycle rider is doing everything right, is wearing a helmet and is operating the motorcycle safely, it is not uncommon for us to see wrongful death and serious injury cases in such contexts. For whatever reason, many people pull right out in front motorcycle riders simply because they do not “see” the approaching motorcycle. People are used to perceiving large vehicles moving towards them and when they glance in a particular direction and do not see what they are accustomed to seeing they pull out sometimes with deadly results. In those cases where the rider survives, obviously, it is crucial that there be sufficient liability coverage and/or uninsured motorist coverage available to address their medical needs and long term disabilities if the injuries are serious.

Most motorcycle accidents that we have seen are very serious matters involving either death or long term permanent injuries. There is so little protection for the motorcycle rider that in the event there is a bad collision, the rider, if he or she survives, may lose a limb, sustain head injuries and/or be permanently impaired in some manner. In many such cases, the at fault driver has the minimum limits available under Georgia law, being $25,000.00. Obviously, a $25,000.00 settlement is insufficient to meet the needs of the innocent rider, thus again emphasizing the importance of having uninsured motorist coverage.

In the hypothetical case where the at fault driver fails to yield right-of-way and hits a motorcycle rider, if the at fault driver only has $25,000.00 in coverage, the motorcycle rider can protect himself/herself, in such a situation by having excess uninsured motorist coverage. In Georgia, thanks to a new law, beginning in January of 2009, the amount of such coverage can be stacked on top of the available liability insurance coverage without any offset credit. Between now and then, the only amount of coverage which is available is the difference between the available liability coverage and the amount of uninsured motorist coverage above that amount. Thus, between now and January of next year, in the hypothetical case presented, if the rider had $100,000.00 in uninsured motorist coverage, he/she could collect $25,000.00 from the at fault driver and $75,000.00 from their own policy. Beginning January of next year, the rider can ask for stacking coverage as part of their own insurance policy which will allow the rider to collect $25,000.00 from the at fault driver and the full $100,000.00 under their own policy.

Insurance should be purchased for the catastrophic event, not for the minor event. The coverage that one purchases to protect themselves is uninsured/underinsured motorist coverage. Motorcycle riders who purchase such coverage as part of their own policy do not have to depend on the at fault driver having sufficient liability coverage to protect themselves in the event of a serious collision. We recommend that all motorcycle riders look at their policies and determine just how much uninsured/underinsured motorist coverage they can afford to purchase. We have seen far too many cases where the lack of uninsured/ underinsured motorist coverage rendered to us as attorneys unable to assist our clients simply because they at fault driver had minimum limits and had no personal assets sufficient to satisfy an excess judgment against them.

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Posted In: Automobile Accidents , Insurance Company Abuse , Uninsured Motorist Coverage

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