Georgia Injury Lawyer Blog

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!

Posted by Finch McCranie, LLP | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injury , Motorcycle Accidents

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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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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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In 2006, approximately 5,000 people lost their lives and 80,000 were injured in motorcycle crashes. We have blogged before about the staggering number of statistics when it comes to those killed or injured while riding motorcycles. Obviously, riders must wear protective gear to protect themselves with defensive driving since they have little other protection in the event of a crash. What the statistics show, however, is that motorcycle injuries and fatalities are on the rise. In 1996, 2,161 people were killed in motorcycle crashes. In ten years time this number had more than doubled to 4,810. In 1996, 55,000 people were injured in motorcycle crashes and collisions whereas this number approximated 80,000 in the calendar year 2006.

Statistics are one thing but to suffer a serious injury or death for an individual is quite another. Each individual affected by a serious injury has experienced, by definition, a life altering event. Those who are lucky enough to survive must deal with the medical and vocational issues that follow, whereas their family members must deal with the loss of income and the possible destruction of the family bond caused by stress, economic hardship and medical issues.

Motorcycles are less expensive than automobiles, are more economical to operate and can be a great deal of fun but the statistics reported by the National Highway Traffic Safety Administration of the Department of Transportation clearly indicate that motorcycle usage can be deadly. We have seen many wrongful death cases and serious injury cases arising out of motorcycle crashes. We continue to hope that all of our clients who ride motorcycles will wear their helmets and will drive defensively at all times, particularly in metropolitan areas where traffic is so congested and conditions so dangerous for motorcycle riders.

Posted by Finch McCranie, LLP | Permalink | Email This Post

Posted In: Motorcycle Accidents

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The National Highway Traffic Safety Administration (NHTSA) recently issued statistics indicating that in 2006 helmets dramatically saved lives in motorcycle crashes. The NHTSA estimates that had all motorcyclists involved in collisions worn helmets in 2006, 752 more people would have survived their injuries. As it was, in 2006 it is estimated that motorcycle helmets saved 1,658 lives. Over 4,800 motorcycle riders died in 2006.

Obviously, in those states that require helmet use, the number of riders wearing helmets are greatly in excess of those in states where there is no requirement that the rider wear a helmet. According to the NHTSA, only 20 states and the District of Columbia had laws on the books requiring all motorcyclist to wear helmets. In another 27 states, only people between specific ages (usually between 17 to 20 years of age) were required to wear helmets. Three states had no helmet use laws at all.

Given the statistics which indicate that helmets save lives and prevent serious injuries, it is clear that motorcycle riders should wear their helmets at all times. As we have indicated before, our practice mirrors these national statistics. In every serious injury case we have had involving motorcycle riders, we are confronted either with a death claim, an amputation claim or a serious head injury claim. These collisions are always serious for the rider. Thus, the greater protection for the rider the better the likely outcome. The NHTSA statistics bear out the experience of our serious injury and wrongful death attorneys.

The Motorcycle Safety Foundation (MSF) works very closely with state and federal authorities in promoting rider safety. The experience of this Foundation also mirrors that of our practice and the statistics maintained by the NHTSA. Those motorcycle operators that wear protective gear, especially helmets, ride sober and operate their motorcycles within speed limits have less serious injury cases than do other riders. We would encourage all riders to take a look at the website of the MSF (see http://www.msf-usa.org) for further safety tips.

Posted by Finch McCranie, LLP | Permalink | Email This Post

Posted In: Motorcycle Accidents

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According to the National Highway Traffic Safety Administration (a division of the United States Department of Transportation), in the calendar year 2006, 4,810 people died in motorcycle crashes. This number was up over 5% from those killed in 2005 (4,576). The number of those killed in 2006 were at their highest levels since 1981. Additionally, according to the statistics maintained by the NHTSA, motorcycle fatalities have increased every year for the past consecutive 9 years.

Of course, there are more motorcycle riders on the road now than ever before. With rising costs of gasoline, this is expected to increase. Nonetheless, statistics indicate that motorcycle riders were, at least, 35 times more likely than passenger car occupants to die in a crash in 2006 per vehicle mile traveled and 8 times more likely to be seriously injured. The fatality rate for motorcycle riders in 2006 was 5 ½ times the fatality rate for occupants of passenger cars. In 2006, motorcycle riders accounted for 11% of all traffic fatalities, 13% of all occupant fatalities and 4% of all occupants injured.

Regrettably, of all fatally injured motorcycle riders, 27% had blood alcohol levels of .08% or higher in 2006. Thus, many of the fatalities reported by the NHTSA involved alleged contributory negligence by the motorcycle rider. Nonetheless, in the vast majority of cases, there was no alcohol involved and yet the fatality statistics continued to rise from the previous years. These statistics prove that motorcycle riders must be extremely careful, more so than passenger drivers. In the event of a collision, one driver has protection (airbags, seatbelts, car crashworthiness, etc.), the other has none other than a helmet. Defensive driving and heightened safety consciousness therefore are the best things a rider can do to protect themselves.

Posted by Finch McCranie, LLP | Permalink | Email This Post

Posted In: Motorcycle Accidents

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