June 29, 2009

Highway and Road Defects - Who Is Liable?

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.

June 24, 2009

Tractor-Trailer Accidents and Driver Fatigue

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.

June 22, 2009

Tractor Trailer Accidents and Driver Fatigue

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.

June 13, 2009

Tire Failure Ruling Defeats Manufacturer's Attempt To Conceal Documents

Our Atlanta lawyers recently completed a case involving a tire failure on a truck.. This past Tuesday, in a case being watched nationwide by product-liability attorneys, the 10th U.S. Circuit Court of Appeals upheld a lower court a ruling that allows a wide-ranging review of Cooper Rubber & Tire Co. records.

The case in which the ruling was issued, involves Cooper made the tires on a Chrysler 15-passenger van, which rolled several times after the left rear tire blew as Utah State University students were headed back to campus from a field trip in northern Utah's Box Elder County. Eight students and an instructor died in the Sept. 26, 2005, crash, and two students survived with severe injuries.

The survivors and the families of all but the instructor and another student are plaintiffs in the federal lawsuit, filed a year after the accident. The families settled their claims last year against DaimlerChrysler Corp., the maker of the van.

The lawsuit alleges that Cooper Tire knew the design and manufacture of its tires were faulty and did not fix the problems. The plaintiffs’ attorneys wanted to see documents pertaining to the design and manufacture of similar Cooper Tires.

A United States Magistrate Judge initially ordered that Cooper Tire afford wide access to company documents requested by lawyers for the victims of the crash and their families. His ruling was later affirmed by the United States District Court. Cooper Tire then appealed the order and argued at a hearing last year before the Denver-based 10th Circuit that it would require the company to divulge trade secrets and other proprietary information.

The appeals court rejected Cooper’s argument that the order was too broad. The lawsuit, brought in U.S. District Court in Utah a year after the accident, had been stalled for 15 months while the 10th Circuit Court of Appeals considered Cooper Tire's appeal.

May 6, 2009

Workers Compensation Injury - Is There A Third Party Liability Case

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.

April 29, 2009

Liability Insurance Limits for Commercial Trucking Companies:

Liability insurance limits for your typical tractor-trailer company, as mandated by federal law, is $750,000.00 in coverage for the protection of innocent members of the motoring public who might be unfortunate enough to be injured by a large tractor-trailer rig. In any serious collision in which the innocent third party victim is hit by a tractor-trailer, it does not take much imagination to realize that $750,000.00 will not go very far, particularly with the increasing cost of healthcare. If someone has numerous orthopaedic injuries and requires surgery, for example, $750,000.00 might not go far enough, particularly if the innocent victim has to lose time from work and/or is permanently disabled.

The current required liability limits for commercial motor carriers was enacted by way of the Motor Carrier Act of 1980. These limits have not been increased therefore for almost thirty (30) years. Such limits need to be doubled, if not tripled, at a minimum, in order to protect the innocent members of the motoring public. The chief reason for this is because of the devastating damage usually done by a big tractor-trailer rig when it is involved in a collision. The injuries, damages, lost wages, permanent disfigurement and wrongful deaths one sees in the context of tractor-trailer accidents certainly would seem to militate in favor of increased liability limits.

Now that we have a new Congress and a new President, one can only hope that a law that was enacted in 1980 is amended so that innocent members of the motoring public may receive the protection they need if involved in a collision with a commercial motor carrier. While the increase in premiums might result in increased costs for the trucking business, they have avoided these costs for the past thirty (30) years and it is now time that the liability limits for commercial motor carriers be increased.

April 26, 2009

Trucking Companies Subject to Stricter Penalties

Our Atlanta truck accident lawyers see many instances in which trucking companies simply ignore or pay little attention to safety rules and regulations designed to protect the motoring public. During the past 15 years, the three-strikes-you're-out rule has become a key aspect of the U.S. criminal justice system. The policy generally holds that repeat offenders are given mandatory life sentences when convicted of committing particularly egregious crimes like kidnapping and aggravated assault.

This concept has been adapted and adopted by other government units and applied to all sorts of regulatory requirements and enforcement actions, including by the Federal Motor Carrier Safety Administration.

Now, the FMCSA has thrown out its three-strikes policy for assessing maximum fines for motor carriers found to have committed a pattern of violations of "critical or acute" safety rules and gone to a two strikes rule. This basically tells trucking companies and drivers that on the second strike a large fine will follow. The change went into effect April 1.

The Motor Carrier Safety Improvement Act of 1999, which created the FMCSA, mandated the agency assess maximum civil penalties on anyone who committed a "pattern of violations" of important safety regulations, or to have "previously committed the same or a related violation" of critical regulations.

Five years later, the agency clarified its enforcement policy by adopting a three-strikes rule that defined both the "pattern of violations," and "previously committed the same or related violation," as three cases of violations occurring within the previous six years.

Within a year or two of adopting that policy, the agency began coming under fire from members of Congress and others who contended its enforcement efforts were too weak. Congress ordered the Government Accountability Office to examine the agency's enforcement practices.

In 2007, the GAO issued a report that said the FMCSA three-strikes policy had failed to assess maximum penalties against serious safety-rules violators and hadn't achieved the 1999 law's intent that maximum penalties be imposed when there had been two distinct patterns of violations or repeat violations.

Now, with a new administration in charge, the agency has revised its policy and issued a two-strikes rule. When the agency discovers two or more critical and/or acute violations in each of three or more different regulatory parts it can assess maximum fines.

A rogue carrier will be subject to the maximum fines when the pattern of critical or acute violations is discovered after the operator has had "previous contact" with the FMCSA, a state motor carrier safety enforcement agency, or other FMCSA-designated representative acting on behalf of FMCSA.

This new policy should lead to stricter enforcement of safety regulations, encourage lax companies to adopt better safety standards, and hopefully reduce the rate of injuries and deaths caused by unsafe trucks and unsafe driving practices.

April 25, 2009

Injury Victims of Automobile & Truck Accidents and Abusive Bill Collection

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.

April 24, 2009

Truck Accident Rates Tied To Driver Fatigue

Truck drivers operating on the roads of Georgia and across the nation are subject to hours of service restrictions. These restrict the number of hours a driver may operate a truck in a certain time frame. It has been shown that fatigued drivers are a major contributing factor to truck crashes.

Legislation enacted in the last Congress and pushed by the Bush administration granted certain carriers exemptions from the restrictions. Now, a recent study by the U.S. Department of Transportation's Volpe National Transportation Systems Center found trucking carriers that received hours of service regulations exemptions reported higher crash rates than those that didn't obtain waivers from the rules.

The legislation exempted agricultural carriers from the hours of service regulations if they operated only within a 100-mile radius from their central base of operation. It also exempted utility service vehicle drivers from all hours-of-service regulations.

The Volpe study found that agricultural carrier operating exclusively within a 100-mile radius had a 19% higher crash rate than agricultural carriers operating outside a 100-mile radius between 2005 and 2007, while utility service motor carrier crash rates jumped by 40% during the same period.

These results show that safety is clearly compromised by these exemptions. Safety groups have called for their repeal in the upcoming Transportation Reauthorization Act.

The study also showed that in 2007 agricultural carriers as a whole had higher violation and out of service rates than the rest of the trucking industry in the categories of unsafe driver, driver fitness, vehicle maintenance, and improper loading - with a 32% overall average increase.

Agricultural carriers operating solely within a 100-mile radius had higher violations and out of service rates than those operating outside of a 100-mile radius in the categories of unsafe driving, driver fitness, vehicle maintenance, and improper loading, the Volpe study reported, with the overall average increase in the case at 24 percent

April 22, 2009

Ambulance and Truck Collision Leads To Serious Injuries

As Georgia injury lawyers we handle all types of automobile accident and trucking accident cases involving serious injury and wrongful death. This week I read about an unusual collision in Carrollton involving an ambulance and a truck. According to the Georgia State Patrol, a woman was driving a non-emergency ambulance when she swerved onto the shoulder, overcorrected, crossed the center line and veered into oncoming traffic where she hit a truck head-on. The ambulance driver, in critical condition, was airlifted to Grady Memorial Hospital in Atlanta after Monday's accident. Fortunately, there were no patients in the ambulance. The condition of the man driving the truck was not disclosed.

April 14, 2009

Seat Belt Use Can Prevent Serious Injury and Death In Truck Accidents

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.

April 12, 2009

What Brain Injury Lawyers Need To Know About TBI And Depression

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.

April 10, 2009

Many Tractor-Trailer Accidents Are Related To Drivers’ Poor Health

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.

April 6, 2009

Tractor Trailer Accidents In Georgia

Georgia injury lawyers know well the serious injuries and wrongful deaths people suffer as a result of motor vehicle accidents; however, perhaps the most catastrophic accident is one involving tractor trailers. Some of the reasons for trucking accidents being such horrible accidents are plain to see. The size and weight of the trucks and cargo have the capacity to do tremendous harm if they are driven recklessly, negligently or under dangerous conditions.

A couple of years ago we represented a young wrecker driver who was off on the grass on Interstate 75 in Georgia. He was there with the police trying to remove vehicle which had been involved in a prior collision. As he was loading one of the wrecked cars on his flatbed wrecker, he looked up to see a tractor trailer veering off the roadway and heading directly towards him. He ran up the embankment to try to avoid being hit and was run over by the truck. As a result he sustained vary serious injuries. As it turned out, the guy who was actually in control of the truck was just a guy who was accompanying the real truck driver. He did not have a commercial drivers license and was actually on disability because of a spinal cord injury that affected the use of his lower extremities!

Many truck accidents occur because the driver is without sufficient skills or training; driving faster than the speed limit or too fast for the conditions; driving under the influence of drugs or alcohol; driving without sufficient sleep/falsifying logbooks or failing to properly secure loads.

Tractor trailer accident victims often sustain very severe injuries and incur hundreds of thousands of dollars in medical bills, not to mention thousands in lost wages. In these cases, it important to retain legal counsel as soon as possible to investigate on your behalf and to retain competent accident reconstruction experts.

If you or a loved one has been injured in a accident or wreck involving a truck, call one of the experienced truck accident lawyers at Finch McCranie, LLP.

March 25, 2009

Serious Injury & Death Can Result From Hydroplaning on Georgia Highways

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.

March 23, 2009

Victims Of Truck Accidents Need To Hire Lawyers Immediately

Our Georgia truck accident lawyersThere are many causes of truck accidents. Even though large trucks and drivers are governed by state and federal laws and regulations designed to make them safer, the number of large trucks involved in fatal crashes continues to increase. Our Atlanta based lawyers continue to handle cases in which either the driver, the company, or both simply choose to ignore these regulations and laws and endanger the motoring public. Tragically, many times these violations result in serious injury or death.

Violations which we frequently see causing or contributing to large truck accidents include:

1. Hours of Service. Driver fatigue often results in dangerous driving practices such as failure to keep in the proper lane and running off the road. The hours that a driver can drive in a certain time period is restricted by federal regulations. Drivers are required to keep a log of the hours driven to ensure compliance. In many cases we have discovered that the driver logs are falsified. Fatigue is such a major problem that the U.S. National Transportation Safety Board attributes it as playing a role in 20-40% of truck crashes.

2. Intoxicated Drivers. Drivers are prohibited from driving while under the influence of alcohol or other drugs. We have been involved in many trucking cases where it was discovered the driver was under the influence of alcohol and/or drugs. In one case it was found that the driver had a combination of methamphetamine and cocaine in his blood at the time his driving behavior caused the death of our client. According to a study conducted by the National Transportation Safety Board (NTSB), one out of every three truck drivers examined after they died in truck accidents had traces of recent drug or alcohol use in their system. he NTSB and the National Institute on Drug Abuse (NIDA) investigated fatal-to-the-driver trucking accidents and performed comprehensive drug screening the bodies of the drivers. The study found that out of 168 cases, 67% percent of the drivers had detectable traces of one or more drugs, 33% had detectable blood concentrations of psychoactive drugs or alcohol, 13% had traces of cannabinoids or tetrahydrocannabinol (THC), 13% had traces of ethanol or alcohol, 8% had traces of Cocaine, and 7% had traces of amphetamine or methamphetamine.

3. Substandard inspection. Drivers and carriers are required to conduct specific inspections of their trucks under the federal regulations. These inspections are designed to reveal unsafe conditions which may endanger the driver and the motoring public. In many cases we find that the drivers and carriers ignore these requirements and allow trucks to travel the highways in an unsafe condition. One survey conducted by the Federal Motor Carrier Safety Administration found that in one year over 2 million roadside inspections of trucks disclosed that 23.2% of the vehicles were found to have serious violations. Unsafe trucks are a leading cause of accidents on the highways.

When a truck accident occurs, the trucking companies generally have investigators on-call to respond to the scene. Their purpose is to do everything possible to limit the liability of the trucking company. Unfortunately, many times the police and highway patrol officers do not do a thorough job of investigating the accident and identifying witnesses. This is why it is crucial to hire an experienced lawyer as soon as possible.

We have trained investigators and engineers ready to visit the scene of the accident, inspect the vehicles involved, locate witnesses, and gather information necessary to successfully seek a recovery. By retaining an experienced attorney immediately, victims and loved ones can ensure that their rights and interests are protected

March 23, 2009

Victims of Medical Malpractice Are Still Victims of Georgia’s “Tort Reform”

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.

March 16, 2009

Post Accident Vision Problems Could Be Sign Of Brain Injury

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.

March 16, 2009

Post Accident Visual Problems Could Be Sign of Brain Injury

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.

March 5, 2009

Unsafe Trucks May Be Removed From Georgia Highways

Dangerous Mexican trucks may finally be removed from the highways of Georgia and other states thanks to new legislation pending in Congress. The United States Senate is close to passing a bill that would prohibit Mexican long-haul trucks from entering the United States.

The cross-border project allowing free access to U.S. highways to Mexican trucks was instituted under the 1994 North American Free Trade Agreement. The trucking pilot program which was pushed by the Bush administration has been ongoing for the last two years. It has caused controversy within the domestic trucking industry and outrage by safety advocates.

The objections have been mostly about safety and economics. Safety and consumer advocates have complained about the project allowing unsafe trucks into the United States thereby endangering public safety. Trucking groups have complained that the project would reduce wages.

Thanks to President George W. Bush's support and the inability of Congressional opponents to garner enough votes to kill the project, it survived. The Transportation Department has spent at least $500 million of taxpayers money on the project.

The project was initiated on Sept. 7, 2007, when the Bush administration, let the first authorized Mexican carrier drive goods into the U.S. interior. The same year, Democrats in Congress tried to cut off funding to establish a Mexican long-haul trucking program. An amendment in the 2008 appropriations bill prohibited spending funds to establish a cross-border trucking program. However, the Bush administration claimed that the amendment did not apply since the program already had been established.

This year, the United States House of Representatives voted again to kill the program, despite objections of business lobbyists such as the U.S. Chamber of Commerce. This time around the bill has language that makes clear that funds cannot be spent to start or continue the program.

The Obama administration has not commented on the project, but both President Obama and Vice President Biden voted as Senators to kill the project in 2007.

Consumer and safety advocates are hopeful this bill will remove these dangerous trucks from our roadways and save lives.

Continue reading "Unsafe Trucks May Be Removed From Georgia Highways" »

February 25, 2009

Signs And Symptoms Of A Traumatic Brain Injury

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.

February 25, 2009

The Life Altering Consequences Of Traumatic Amputations

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.


February 23, 2009

Unsafe Truck Drivers: Suing The Employer Trucking Company

Interstate trucking companies are governed by the safety regulations found at 49 C.F.R. §§ 300 through 399. Trucks engaged solely in intrastate commerce are governed by the corresponding rules in each state’s regulatory Code. Many states, such as Georgia, have adopted the Federal Motor Carrier Safety Regulations as part of its Code, thus, in Georgia at least, state and federal regulations governing the operation of large trucks are very similar. In one respect, the federal code, however, is superior because the Code of Regulations requires employers to adhere to numerous requirements before a truck driver may be hired. Significantly, the Code of Federal Regulations also requires that all records concerning drivers hired to operate trucks must be maintained by that carrier or the employer for a minimum of three (3) years thereafter.

Before a driver can be allowed to operate a truck in interstate commerce, the carrier/employer must administer and the driver must pass a written test about the Federal Motor Carrier Safety Regulations and a road test demonstrating competency. Significantly, a trucking company must also check the driver’s records for the past three (3) years in every state in which the driver held a license. The carrier/employer must contact prior employers for the previous three (3) years and ask about the applicant’s employment status and quality of work. In additional, federal law requires pre-employment, post-accident and random drug testing of drivers.

Failure to comply with state and federal regulations with respect to the duties of carrier/employers to monitor the competency of their drivers can create a claim against the trucking company for negligent hiring and retention of an incompetent driver. If a driver fails a drug test, has a poor safety record or otherwise has not fulfilled his or her duties under the Federal Motor Carrier Safety Regulations and/or if the employer has similarly failed to fulfill its safety duties, then in that event, a claimant can bring a claim against a motor carrier in which it is alleged that the employer/carrier negligently hired and/or retained the services of an incompetent, unqualified driver.

It may be possible in some of these cases to bring a claim for punitive damages if the driver is disqualified from operating a motor vehicle due to violations of safety regulations but nonetheless is still allowed to operate a commercial vehicle. Additionally, if the trucking company fails to conduct an adequate pre-employment screening background or otherwise fulfill their pre-employment safety duties, a claim for punitive damages can be brought as such conduct establishes a disregard for public safety justifying such additional damages.


February 18, 2009

Post Trauma Vision Syndrome-A Common Phenomenon

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.

February 17, 2009

Traumatic Brain Injury

Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including 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. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

February 16, 2009

Illegal Trucking--Truckers Who Refuse to Violate Safety Regulations (FMCSR) Prevent Trucking Accidents

A trucker was fired recently when he refused his boss's instructions to drive longer hours than the Federal Motor Carrier Safety Regulations (FMCSR) allow, and to falsify his log books. He came to my friend's office today to ask for legal help.

I passed along that there is a federal law that is designed to protect honest truckers, who refuse to break the law by violating the FMCSR. Our firm's truck accident lawyers regularly have wrongful death and serious personal cases involving the devastation that can result from a tired trucker who causes a tractor-trailer accident, so we hope truckers use the law to protect all of the public:

49 U.S.C. § 31105. Employee protections

(a) Prohibitions.—

(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because—

(A) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or

(B) the employee refuses to operate a vehicle because—

(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety or health; or

(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s unsafe condition.

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February 15, 2009

New Emergency Room Guidelines For Mild Traumatic Brain Injury

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.

February 4, 2009

Georgia Truck Drivers Must Exercise Extreme Caution In Bad Weather

The Federal Motor Carrier Safety Regulations specify that commercial truck drivers must use “extreme caution” in hazardous weather conditions. Like many other states, Georgia’s Commercial Drivers Manual provides that truckers should slow down as much as one-third (1/3) of their normal and customary speed during hazardous conditions. There are good reasons for these regulations. Indeed, in an analysis of large truck crash collisions conducted in 2007, the Federal Motor Carrier Safety Administration determined that 23% of all tractor-trailer collisions involved truckers who were driving too fast for conditions.

Common sense indicates that it takes longer to stop a large tractor-trailer than it does an automobile. Automobiles average several thousand pounds in weight whereas some tractor trailers can average on 80,000 pounds with their loads. If there is a collision, it is going to be bad because of the disparity in the weights of vehicles typically involved in collisions with these big rigs. As is always the case with commercial trucks in general, safety is the operative term that must be paramount, not only for the truck drivers and their employers but also for the motoring public.

Truck drivers in Georgia and elsewhere that do not exercise extreme caution during adverse weather conditions are endangering every single person on the road. Drivers who continue to travel at high speeds during rain, sleet or snow are acting recklessly and are violating their mandatory safety duties and obligations. If a collision results from a driver’s failure to exercise extreme caution during adverse weather conditions, not only should liability be imposed against the driver and his employer, but punitive damages would be appropriate to deter the company from allowing its drivers to engage in such reckless conduct.

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January 29, 2009

Georgia's Ante Litem Notice Requirement - Some Changes Proposed

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.

January 23, 2009

Insurance Limits for Georgia Trucking Companies Are Grossly Inadequate

In order to operate a interstate motor carrier on the highways of this country, a motor carrier must have the minimum of $750,000.00 in liability insurance coverage. If such a trucking company causes an accident then, at least, the public has a minimum of $750,000.00 in available insurance coverage to address the damages that might be caused by a serious collision or crash. In a very serious collision involving catastrophic injuries, $750,000.00 might very well, in and of itself, prove to be inadequate to address the kind of medical expenses one might see when an amputation is involved or paralysis as an example. Nonetheless, at least it is a minimal safety net that does provide protection for the public.

Here in Georgia, the minimum limits of companies operating in intrastate commerce is $100,000.00. This is a deplorable state of affairs in a state which has so many trucking companies operating in its boundaries. $100,000.00 is clearly inadequate to address any serious injury caused by a truck collision or crash. Dumptrucks operating in Georgia that are hauling gravel in intrastate commerce, if they cross the centerline, run a red light or otherwise are involved in a crash due to negligence of the driver, are more than likely to inflict serious damage on the person or persons injured thereby. And yet, here in Georgia, we only have $100,000.00 to protect the innocent victims of such negligence.

The law needs to be changed to make sure that Georgia citizens are entitled to no less protection than are citizens in every other state when it comes to these large trucks. The danger is the same and the damage is the same and the question we pose in this blog is: “Why aren’t the limits the same for Georgia Citizens as for the rest of the country?”

Our lawyers here at Finch McCranie, LLP are committed to representing innocent victims of serious truck accidents and collisions throughout this state and elsewhere. We will fight for the rights of such persons particularly when trucking companies cause serious injury and/or death due to the failure to comply with state and federal safety regulations. If you or a loved one are damaged by the negligent acts of a trucking company, please contact our truck accident attorneys at our toll free number 1-800-228-9159.

January 22, 2009

Atlanta Trucking Accidents Decreased by Simple Safety Regulations


Here in Atlanta and throughout the country a simple safety regulation has saved many lives with respect to dangers posed by trucks on our interstate highways. The safety regulation we refer to here is the conspicuity tape that one sees on tractor-trailers operating on our highways, specifically the red and white stripes across the bottom of trailers. This tape has saved many lives because it is illuminated by both low and high beams on vehicles as they approach tractor-trailers that might be straddling the road while attempting to back into a particular location.

For years and years there were many deaths and serious injuries caused by under-rides when vehicles would come over a hill or around a curve only to be confronted by a tractor-trailer that was backing in to a particular location. Given the delay caused by the human brain when perceiving and reacting to a situation which is unexpected, experience indicated that it was not unusual for people to have great difficulty in avoiding these under-ride situations. Thus, the simple safety measure of requiring conspicuity tape (the red and white stripe tape at the bottom of trailers) came into being. This conspicuity tape is very visible and alerts the brain of the driver very quickly to potential danger. Thus, the under-ride is avoided whereas previously without this conspicuity tape many people were being seriously injured and/or killed.

This simple safety regulation works. It does not cost a lot of money and it saves lives. Other safety regulations work as well when they are enforced. The good thing about the tape is that it is easily enforced. Other safety regulations are more difficult to enforce such as proper driver hours, proper safety training, proper employment screening of qualified drivers, etc. Without proper enforcement of safety regulations, however, the entire public is in danger.

Far too often, we have seen situations where an adherence to simple safety regulations would have saved lives and/or avoided serious injuries. Our innocent clients are the ones who suffer from the lack of enforcement. Now that the Bush administration is leaving office, we can only hope that the new administration will concentrate more on enforcement as a method of insuring compliance with simple safety regulations that save lives.

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January 9, 2009

Truck Accident Cases and Destruction of Evidence In Georgia

Our Georgia truck accident lawyers see many instances in which truck drivers and trucking companies destroy evidence after the collision. The law has fashioned a remedy for this type of conduct - spoliation.

Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation. Bouve and Mohr, LLC v. Banks, 274 Ga. App. 758, 618 S.E. 2d 650 (2005). Spoliation creates the presumption that the evidence would have been harmful to the spoliator. See, Baxley v. Hakiel Industries, Inc., 282 Ga. 312, 647 S.E. 2d 29 (2007); American Multi–Cinema, Inc. v. Walker, 270 Ga. App. 314, 605 S.E. 2d 850 (2004).

Proof of spoliation raises a rebuttable presumption against the spoliator that the evidence favored the opposing party. This fact alone renders summary judgment inappropriate. Baxley v. Hakiel Industries, Inc., Id; Lane v. Montgomery Elevator Co., 225 Ga. App. 523, 484 S.E. 2d 249 (1997).

Thus, one who destroys or fails to preserve relevant evidence will be subject to a charge that had the evidence not been destroyed or preserved it would have favored the opposing party.

In Langlois v. Wolford, 246 Ga. App. 209, 539 S.E.2d 565 (2000), the Defendant driver left the scene of the collision before the police arrived so that a drug/alcohol screen could not be conducted. He later denied being impaired. The Court held that by avoiding the drug/alcohol screen, he had committed spoliation of evidence of his impairment at the time of the collision.

In J.B. Hunt v. Bentley, 207 Ga. App. 250, 427 S.E.2d 499 (1993), the Court had occasion to consider spoliation in the context of the Federal Motor Carrier Safety Regulations. In J.B. Hunt, the Defendants destroyed a driver’s log book which is required to be maintained under the Federal Motor Carrier Safety Regulations. The Court held that this destruction entitled the Plaintiffs to a presumption that the logs would have shown that the driver violated hour of service limitations established by the Federal Motor Carrier Safety Regulations, and supported an award of punitive damages.

Additionally, in J.B. Hunt, the Court held that the destruction of vehicle inspection reports, which are required by the Federal Motor Carrier Safety Regulations, raised a presumption that the truck was not in a safe operating condition, and also supported the award of punitive damages.

The case of Wanke v. Lynn’s Transportation Company, 836 F. Supp. 587 (Ind. 1993), presented the issue of spoliation involving the Federal Motor Carrier Safety Regulation §382.303 which requires a post accident drug/alcohol screen. In Wanke, the truck driver involved in a collision failed to submit to the required test.

The Court found that the driver had committed spoliation of evidence, reasoning that “the jury could find, however, that the Defendant’s conduct amounted to a passive spoiliation(sic) allowing any suspected evidence of drug or alcohol to pass through Mr. Marsh’s system.” The Court further held that the failure to take the drug test “makes the fact of consequence to the action – Mr. Marsh’s intoxication at the time of the collision – more probable than it would be without the evidence.”

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January 7, 2009

Canadian Citizens Needing Lawyers for Personal Injuries and Wrongful Death Cases in United States: A Bittersweet Relationship

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.

December 27, 2008

Van Accidents Continue To Kill and Injure

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.

December 24, 2008

Citizens of Georgia Endangered By New Trucking Regulations

Our Georgia truck accident lawyers regularly investigate and pursue cases in which heavy truck drivers cause serious injury and death by driving while fatigued. The pressure on drivers to drive in this condition is enormous. The more miles driven the more a driver or company can earn.

The Federal Motor Carrier Safety Administration controls the limits on the hours a driver can drive in any one period.

Last Thursday, four public safety advocacy groups, Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters filed a petition for reconsideration with the administrator of the Federal Motor Carrier Safety Administration (FMCSA), requesting that the federal government reconsider a seriously flawed regulation that can compel professional truck drivers to work and drive in dangerously fatigued condition.

In the final rule published on Nov. 19, FMCSA ignored two court decisions that have been issued since 2003. The first decision found that the agency had not adequately taken driver health into consideration. The second decision vacated the two provisions of FMCSA’s revised 2005 final rule that raised the limits for daily and weekly driving and on-duty hours. Although courts have twice ordered the agency to reconsider the rule, FMCSA has re-issued virtually the same rule after each court order.

The new rule, which will take effect on Jan. 19, the last day the current administration is in office, allows truckers to drive up to 11 hours in a single shift, while driving 88 hours or working 98 hours over eight consecutive days.

FMCSA disregarded scores of studies conducted over more than 30 years showing that this increased working and driving schedule will lead to exhausted truck drivers who literally can fall asleep while driving. This new rule threatens the safety of everyone traveling on the roadways of the United States.

The petition asks FMCSA to reconsider the regulation based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours.

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December 4, 2008

HIPAA Bars Insurance Defense Lawyers From Informally Communicating With Injury Victim’s Physicians

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”.

November 26, 2008

Truck Driver Dies After Tractor Trailer Accident In Georgia

A Delaware truck driver met his death after crashing his tractor-trailer into some trees alongside Interstate 95 about 11 miles inside the Georgia state line. According to authorities 54-year-old Robert Earl Webb may have fallen asleep, but he also had a history of heart disease and there was evidence he may have suffered a heart attack just before Thursday’s crash. Authorities said Webb was alive just after the accident but died at the scene. The tractor trailer truck left the road and traveled 559 feet as it went down a banked roadbed and hit several trees before stopping upright in a water-filled ditch.

Cases like this one raise a lot of questions about tractor-trailer safety. Fortunately no one else was injured or killed as a result of this truck accident. Had it been otherwise, a competent lawyer representing the innocent victim would have been investigating to determine whether the driver was suffering from drivers fatigue or whether he was in adequate physical condition to have been driving a big rig.

Under federal law a tractor trailer driver can only drive a certain number of hours in a certain time period and must maintain an accurate record in the form of a driver’s logbook. In short there are many regulations governing the operation of a truck used in interstate commerce. If you or a family member has been injured in a tractor trailer truck accident you should contact the trial lawyers of Finch McCranie, LLP immediately to protect your legal rights.

November 24, 2008

Student Killed In Automobile Accident Trying To Avoid Debris In Roadway

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.

November 22, 2008

City of Columbus, Georgia Pays $175,000 To Settle Injury Lawsuit

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.

November 21, 2008

Fatigued Truck Driver Regulations Endanger Public

Truck drivers are required by Federal Regulations to limit the amount of hours during which they can drive in one day. This regulation is enacted to attempt to prevent serious injury and death caused by fatigued truck drivers. This is a major problem in the United States. In spite of the dangers posed by fatigued drivers, the trucking industry has been pushing for relaxed standards. Obviously more hours driven equal more money earned. The Bush administration has been all too eager to appease the trucking industry.

On Tuesday, the Federal Motor Carrier Safety Administration announced its final hours of service rule, and they remain unchanged from the "interim" rule the trucking industry has been working under.

Truck drivers are limited to driving for only 11 hours and working for no more than 14 hours each day. The agency said it consulted with scientific and medical researchers, reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting the final rules. FMCSA Administrator John Hill, claims the final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve.

The rule will become effective Jan. 19, 2009, the day before the Bush administration leaves office. Hill said he was confident the final rule would stand up to a court challenge because the agency had appropriately addressed all concerns raised by the courts.

The consumer protection group Public Citizen has been fighting the rule in court since it was first announced in 2005. In July 2007, a federal court remanded the Hours of Service rules to FMCSA, ruling that the agency must provide better explanations of its justifications for adopting the 11-hour drive time and 34-hour restart provisions of the rule. In December, FMCSA announced that it was keeping the 11-hour and the 34-hour provisions in an Interim Final Rule. In January, a federal appeals court denied Public Citizen's request to invalidate the Interim Final Rule.

Public Citizen President Joan Claybrook issued a statement denouncing the rule, saying, "FMCSA's rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past - rules that the court deemed were inadequate. Under the rule, drivers may continue to log a physically and mentally demanding 77 hours behind the wheel in a seven-day period, take a mere 34 hours off, then hit the road to do it all over. In addition, drivers can be required to work 14 hours a day, which includes loading and unloading cargo. The rule also fails to require electronic on-board recorders that are essential to assure effective enforcement of the rule."

November 18, 2008

Brain Injury - An Often Overlooked & Invisible Injury

Last month there was a meeting in Atlanta of The Association of Interstate Trucking Lawyers of America and The Georgia Trial Lawyers Association. One of our trucking injury attorneys attended that meeting where there was a presentation on Traumatic Brain Injury. Our law firm has handled many cases involving brain injury that resulted from either a tractor trailer truck accident or automobile accident.

Because many brain injuries occur as a result of tractor-trailer accidents and are frequently overlooked, because lawyers are concentrating on the obvious orthopaedic injuries sustained in those accidents, one of the presentations was devoted to educating attorneys on some of the signs and symptoms of brain injury and concussions. It is important to understand that many symptoms following a concussion are not immediately evident and may take days or weeks to become apparent. Accordingly, many times there is a need to have a comprehensive neuropsychological assessment to assess and document the long term consequences of this invisible injury.

Each year over 5,000 men, women and children are killed on America’s highways as a result of a crash with a big truck? Far too often these truck wrecks were caused by the violation of government safety laws which are designed to regulate tractor trailers and other interstate trucks. These regulations govern truck speed, truck safety devices, proper truck maintainece, truck driver training, the number of hours the truck drivers can remain behind the wheel and proper back ground checks by the trucking company on their drivers both before being hired and thereafter on a periodic basis.

The law firm of Finch McCranie, LLP is well versed in these trucking regulations and has experience in representing the victims of interstate truck accidents.

November 12, 2008

Truck Accidents During Adverse Weather Conditions

It has been estimated that 13% of all truck collisions in this country occur during bad weather conditions. Obviously, on many days it will rain, sleet, or snow. On certain days, fog conditions are also likely to exist in many parts of the country. Regrettably, as demonstrated by these statistics, when bad weather conditions occur, it is more likely that a serious truck accident will also occur. The Federal Motor Carrier Safety Regulations which address this topic should reduce the number of these accidents but regrettably have failed to do so. The reason: The extreme caution guideline provided is routinely ignored.

49 C.F.R. § 392.14 requires that drivers of commercial motor carriers use “extreme caution” in the operation of a truck during hazardous conditions, such as those caused by snow, rain, etc., which could adversely affect visibility or traction. This section also states that “speed shall be reduced when such conditions exist.” While it goes without saying that speed should always be reduced during adverse weather conditions, experience indicates that oftentimes this is not the case. Many state commercial driver’s license manuals, like the State of Georgia, require that speed be reduced by as much as one-third (1/3) during rain or adverse weather conditions and yet the general public knows that this very rarely occurs. What is interesting legally is that this reduced speed is mandated by law but nonetheless, oftentimes, this mandate is tragically ignored.

Obviously, it takes much longer to stop a tractor-trailer in adverse weather conditions. Any truck driver must be able to stop his vehicle on wet conditions in the same distance as he would do so on dry road. Wet roads can double the required stopping distance. By reducing speed on a wet road, stopping distances can be decreased as well.

Because Federal Motor Carrier Safety Regulations specifically state that extreme caution must be used in the operation of a truck during hazardous weather conditions, experienced counsel are often able to use these regulations to impose liability on those carriers and drivers who disregard their duties to the motoring public. The 13% figure referenced in this article is obviously much greater than it should be. If truckers were always utilizing extreme caution during adverse weather conditions, one would think that the number of accidents occurring during adverse weather conditions would be substantially less than we see. Again, with respect to those unfortunate victims of truck drivers who fail to exercise the appropriate standard of care during adverse weather conditions, it appears that litigation and money damages may be the best deterrent available to reduce these statistics which adversely effect us all.

November 11, 2008

Spinal Cord Injury in Georgia

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.

November 10, 2008

Georgia Automobile Insurance - Protect Yourself

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.

October 17, 2008

Underide Truck Accidents Kill & Paralyze

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.

October 15, 2008

Georgia Serious Injury Victims Are Treated Best At A Trauma Center

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.

October 14, 2008

Serious Injuries, Wrongful Death and Truck Driver Fatigue


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.

October 12, 2008

Traumatic Brain Injury - Hopeful Therapy For The Future

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.

October 11, 2008

Truck Accidents and Wrongful Death Claims

With the ever increasing presence of the number of trucks and tractor-trailers on Georgia’s highways and roadways, our attorneys have regrettably but consistently seen a corresponding increase in wrongful death and serious injury claims arising from accidents between automobiles and trucks. Indeed, over the last several years, national statistics indicate that there are approximately 500,000 truck collisions per year. Out of these one half million collisions approximately 5,000 people are killed each year. Georgia is no stranger to these wrongful death claims and as of the writing of this entry, our firm is handling several wrongful death claims on behalf of the families of innocent victims involved in such collisions.

It goes without saying that most any accident involving a tractor-trailer and an automobile has the potential to be extremely serious. Most large trucks weigh far in excess of 10,000 pounds and many as much as 80,000 pounds. Collisions involving large trucks are, by definition, therefore, more likely to cause serious injury or wrongful death because of the size and weight of the vehicles typically involved in tractor-trailer collisions. Some experts have estimated that in approximately 10% of all cases involving tractor-trailer collisions someone will be killed.

Given these sobering statistics, obviously, safety is paramount with respect to the trucking industry. While there are many safety rules contained within the Federal Motor Carriers Safety Regulations, which govern all trucks engaged in interstate transportation, the fact remains that in many of these cases we are handling and have handled over the years these safety rules and regulations are ignored and sometimes deliberately disregarded.

In our practice, we have constantly seen evidence that unsafe trucks and unfit or poorly trained drivers lead to preventable serious injury and wrongful death claims. In our investigation of any truck accident, we typically review the log books, pre-trip inspection records and other maintenance and safety records required by federal law to be maintained by trucking companies. It is astounding how many cases we find where the trucking companies involved keep incomplete records or have no records at all relative to the federally mandated safety obligations.

As in any other case, it is important for the victim of a incident involving a tractor-trailer case that they confer with legal counsel as soon as possible in order to protect their legal rights. Trucking companies and their insurance carriers typically send out investigators immediately following any serious incident. Safety records and other records which might demonstrate compliance issues have a tendency to be lost in these cases by trucking companies and/or sometimes are deliberately discarded. Accordingly, a prompt and thorough investigation of the companies involved in these cases is imperative if there is to be protection of the victim’s rights in these cases. Thus, based on our experience of handling many wrongful death and serious injury cases involving truck accidents, we strongly recommend that the innocent victims involved in these cases confer with counsel as soon as is practicable.

October 4, 2008

Tire Failures - Van Dangers

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

October 2, 2008

Deadly Tractor Trailer Collision

Six men in a van were killed when a tractor-trailer loaded with sand hit their vehicle last Monday in south-central Florida.The Florida Highway Patrol reported that the tractor-trailer failed to heed a stop sign around 6:30 a.m. and struck the van's right side.

The force of the collision caused the van and the tractor-trailer to roll over, coming to rest on the shoulder of a two-lane highway about 60 miles east of Fort Myers.

At least two of the six men inside the 1993 Chevrolet van were thrown from the vehicle. All six were pronounced dead at the scene.

The driver of the tractor-trailer was driving for West Coast Aggregate Haulers, Inc., of Venice, Fla. He was listed in serious condition at a local hospital but is expected to survive.

October 1, 2008

Dangerous Trucks Allowed to Operate On U.S. Roads

Dangerous trucks from Mexico will continue to be allowed to use the highways of the United States. The Bush administration recently announced that it would extend its cross-border trucking pilot project for two more years, despite evidence that this action will expose U.S. motorists to increasing dangers from unsafe trucks and unqualified drivers. The United States Congress has clearly instructed the administration to cease these operations.

In December 2007, Congress passed a measure aimed at requiring the Federal Motor Carrier Safety Administration (FMCSA) to comply with certain safety assurances. The measure, contained in the appropriations bill for the Department of Transportation, prohibited the use of funds to “establish” cross-border trucking pilot projects. But FMCSA extended the program to more carriers in clear defiance of the intent of Congress.

The consumer advocacy group, Public Citizen, along with the International Brotherhood of Teamsters and other groups argued against the program in February in the U.S. Court of Appeals for the Ninth Circuit, citing numerous violations of repeated congressional mandates, including the recent spending bill. A final ruling is expected soon.

In addition, U.S. Reps. Peter DeFazio (D-Ore.) and James Oberstar (D-Minn.) introduced a bill July 29 to prohibit the secretary of transportation from granting authority to Mexico-domiciled carriers to operate beyond a specified commercial zone unless authorized by Congress. A committee approved the bill two days later, although the full House of Representatives has yet to vote on it.

In 2001, a NAFTA tribunal ordered the United States to permit access to all U.S. roads for Mexico-domiciled trucking companies. The Clinton administration refused to comply, citing serious safety and environmental concerns with Mexico’s trucking fleet. The Bush administration has tried since 2002 to enforce the NAFTA order to open U.S. highways to these unsafe trucks.

September 17, 2008

Truck Driver Fatigue Studied By NTSB

Our Atlanta heavy truck accident lawyers frequently litigate serious injury and death cases in which truck driver fatigue plays a crucial role in the crash.

The National Transportation Safety Board said yesterday that trucking companies should be more diligent in ensuring that heavy truck drivers get rest, and the use of alarm systems to alert exhausted truckers should be required by the government.

The NTSB hearing, held in Washington, D.C., was occasioned by a crash in western Wisconsin three years ago in which a bus carrying a high school band slammed into an overturned semitrailer, killing five people.

NTSB investigators concluded that the truck driver fell asleep at the wheel and began to drift off the interstate's shoulder. When he swerved back onto the road, the rig overturned. The bus then plowed into the truck.

While drivers are ultimately responsible for getting enough rest, trucking companies many times base payment on performance in terms of miles traveled. This encourages drivers to drive excessive hours while fatigued. and to falsify log books which are required to show the hours driven and mandated periods of rest. Fatigue is a factor in about one in eight large-truck crashes.

At the hearing, NTSB staff discussed technology still in the early stages which may eventually prevent such fatigue-induced crashes. One example is a dashboard-mounted camera that tracks a driver's eye and eyelid movements and could alert a driver who appears to be falling asleep.

Even low-tech measures are effective. Studies have disclosed that rumble strips , textured strips of pavement that produce vibrations when a driver passes over them , reduce fatigue related crashes by up to 60 percent.

August 4, 2008

Heavy Truck Accidents May Increase

Our Atlanta truck accident lawyers see many cases in which heavy trucks such as tractor trailer and dump trucks, are involved in serious accidents. Statistics show that about 5,000 innocent people are killed every year and more than 100,000 are injured in crashes involving large trucks in the United States. Heavy trucks account for just 3 % of all registered vehicles on the roadways in the Uniteed States, but account for 9% of all fatal crashes.

Heavy trucks also cause damage to roads and bridges. According to transportation experts, one 80,000 pound tractor-trailer can inflict as much damage to road pavement as 9,600 cars.

Now the trucking and shipping industries are launching a campaign to allow heavier and longer trucks on highways. Currently pending in the United States Congress is a bill which would allow trucks up to 100,000 pounds in 6 states as part of a pilot program. Georgia is one of the states included in the proposed program.

Consumer advocate group Public Citizen is leading the effort to lobby Congress to prevent this dangerous practice. Even some truck drivers recognize this danger. The Teamsters union has expressed opposition to this bill citing the dangers.

July 30, 2008

Wrongful Deaths and Serious Injuries Caused by Unfit Truck Drivers


The United States Department of Transportation has reported that 5,300 people died in crashes involving large commercial trucks in 2006. 126,000 more were injured. A leading cause of these crashes were situations where the drivers involved fell asleep, suffered heart attacks or seizures or otherwise were so physically impaired as be unable to safely operate their trucks. Indeed, according to an Article recently issued by the Associated Press, hundreds of thousands of tractor-trailers and bus drivers in the United States are unfit and unqualified to have commercial driver’s licenses. As an example of this problem, in a 30-page study issued by the General Accounting Office, over 1,000 drivers with vision, hearing or seizure disorders had applied for disability benefits with the Veterans Affair Department. And yet, these same drivers were operating commercial tractor-trailers and buses on our highways with medical certificates certifying they were fit to drive. Once again, a lack of regulatory oversight is largely responsible for the problems caused by these unsafe drivers.

In our wrongful death practice, it is not unusual for us to see horrific collisions involving unfit and unsafe drivers. We have had many cases where drivers have been under the influence of stimulants because of fatigue, where other drivers could not pass a fitness test and were driving with licenses without proper medical certifications, and other cases involving drivers with seizure disorders, neuropathy to their legs and feet and other similar health problems that prevented them from safely operating commercial vehicles. In short, our practice experience mirrors the nationwide experience. We believe the drivers involved in our firm’s cases were able to drive and inflict harm on innocent members of the motoring public because of a lack of regulatory oversight.

The United States agency responsible for regulating this area, the Federal Motor Carrier Safety Administration, has acknowledged that it has not completed any of the 8 recommendations that U.S. Safety Regulators purposed in 2001. One such regulation would set minimum standards for officials who determine whether truck drivers are medically safe to operate commercial vehicles. Another would prevent truck drivers from “doctor shopping” to find doctors who might overlook a risky health situation and nonetheless certify a driver as medically able to operate a commercial vehicle. Most observers do not believe that any of the 8 recommendations will be implemented before President Bush leaves office. This is hardly surprising because his Administration has emphasized deregulation of the trucking industry.

Just as we have seen in the mortgage crisis, if there is lack of federal regulatory oversight, the marketplace alone cannot regulate effectively abuses that will undoubtably arise when there are no regulations. The trucking industry is in serious need of additional regulations from a safety standpoint. We can only hope that future administrations will address the many safety issues involved. Until such time as there is greater regulation, regrettably, we have no doubt but that we will continue to see more and more serious injury claims and wrongful death cases arising from unfit and unsafe truck drivers.

July 8, 2008

NTSB Report on Bluffton University Bus Accident Illustrates Preventable Dangers Causing Personal Injury and Wrongful Death--Again and Again

As attorneys who represent the young man who is the most seriously injured surviving passenger in the Bluffton University Baseball Team's bus crash in Atlanta in 2007, we listened with great interest today to the National Transportation Safety Board (NTSB) members explaining their findings about what caused the crash that took so many lives, and left so many injured.

Disastrous events such as this one can provide important "lessons" on how needless injuries and deaths can be prevented. Most disturbing about today's hearing was the sense that past lessons from other horrific wrecks have been ignored. Here is just some of what the NTSB discussed today (an official transcript will be available later):

The NTSB placed primary responsibility for the crash on the bus driver, who among other things veered onto an exit ramp at high speed (in excess of the speed limit), and failed to react by slowing the bus, apparently because he believed he was still in the HOV lane of I-75. As is well-documented, the bus then struck a railing on the overpass, and toppled from the overpass onto the interstate below, which caused many passengers to be ejected.

The NTSB discussed evidence that the driver had driven 10 1/2 hours the day before to meet this bus, and then started driving this bus at 4:30 a.m. with at most 6 1/2 hours of sleep. One NTSB member referred to the driver as an an "unqualified driver" because his medical certificate had expired, and noted that the bus company failed to monitor and instruct drivers as to their medical qualifications to drive. The NTSB had other criticisms as well.

What is also disturbing is the lessons not taken from the history of earlier fatal wrecks on this same exit ramp. The NTSB noted that this ramp had been the site of nine wrecks--three of them fatal--in the past, six of which had been single-vehicle wrecks. The drivers involved were not from the Atlanta area, the NTSB observed.

As one NTSB member stated, GDOT (the Georgia Department of Transportation) "missed the boat" in failing to identify the exit properly with adequate signage, and failing to install adequate traffic control devices, among other things, for the "unexpected" arrangement that drivers found at this exit. NTSB thus identified these failures as a contributing cause of the horrendous wreck.

The NTSB also discussed GDOT's failure to respond appropriately to the documented history of wrecks and fatalities at this same location.

The NTSB discussed the need for greater protection of occupants of buses. Prior bus crashes show that occupants are killed or injured because of the absence of simple protections such as seat belts--there were none on this bus. Here is one excerpt:

"The National Transportation Safety Board determines that the probable cause of this accident was the motorcoach driver’s mistaking the HOV-only left exit ramp to Northside Drive for the southbound Interstate 75 HOV through lane. Contributing to the accident driver’s route mistake was the failure of the Georgia Department of Transportation to install adequate traffic control devices to identify the separation and divergence of the Northside Drive HOV-only left exit ramp from the southbound Interstate 75 HOV through lane. Contributing to the severity of the accident was the motorcoach’s lack of an adequate occupant protection system."

We can only hope and pray that the lessons of the Bluffton crash--which should have been learned previously--will not be ignored this time.

The NTSB's own "synopsis" of its report appears below, and can be found at http://www.ntsb.gov/Publictn/2008/HAR0801.htm:

Continue reading "NTSB Report on Bluffton University Bus Accident Illustrates Preventable Dangers Causing Personal Injury and Wrongful Death--Again and Again " »

June 20, 2008

Truck Related Deaths in Georgia


Between 1982 and 2006, 5,473 people lost their lives in Georgia due to tractor-trailer accidents in this state. Nationwide, in 2006 alone, 4,995 died in large truck collisions. Between 1982 and 2006, on a nationwide basis, 126,107 people lost their lives. Although large trucks are only 3% of U. S. registered vehicles, according to the Insurance Institute for Highway Safety, they account for 13% of annual motor vehicle crash fatalities. When a car collides with a big truck, 98% of the people who die are in the small passenger vehicle.

These sobering statistics continue to demonstrate that people will continue to die due to large tractor-trailer accidents occurring in this state and elsewhere. In 2006, 232 people in Georgia were killed in large tractor-trailer accidents. These statistics demonstrate, in rather graphic fashion, that large trucks are a danger on the public roads and that everyone is a potential victim. As stated, there have been 5,473 Georgia victims between 1982 and 2006.

As we have blogged about previously, there are numerous safety regulations in effect which are designed to reduce and minimize the chances of serious injury or death caused by trucks. Unless these safety measures are enforced, however, they can have little impact on the staggering number of deaths. Moreover, the statistics we have cited herein are only deaths and do not include serious injuries which are far in excess of the death total. Thus, if anything can be stated with certainty, it is that we do not need more deregulation of the trucking industry but rather more regulation, particularly in the safety area. Until such safety regulations are enforced, on a strict basis, it is regrettable that litigation remains one of the best tools available to try to reduce the carnage on the roads. By holding irresponsible and negligent trucking companies financially liable for their acts of negligence, hopefully, money damages will serve as a deterrent to reduce the numbers in what is otherwise a continual state of deregulation. Without adequate regulation it appears that private lawsuits may be the most effective inducement for adherence to safety regulations by the trucking industry.

June 16, 2008

Truck Drivers, Safety Regulations and Civil Liability for Truck Companies

Our personal injury lawyers have written before about the Federal Motor Carrier Safety Regulations and how they impact the public safety when it comes to truck drivers operating tractor trailer rigs on our interstate highways. Obviously, before anyone can operate a tractor trailer rig, they must be physically able and qualified to drive. As an example, they must receive a certificate of a medical examination in which a doctor confirms that they are physically fit and able to operate a tractor trailer. See 49 C.F.R. § 391.43. A road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35. Drug testing must also take place on a pre-employment basis and anytime after an accident occurs. See 49 C.F.R. § 382.301,.303,.305.

In order to prevent driver fatigue, there are strict limits on the number of hours that a driver may stay on duty. See 49 C.F.R. § 396.3,.5. To documents that drivers do not go over the allocated hours, they must maintain accurate and up to date logs of their time of duty and time on the road. See 49 C.F.R. § 395.8. Truckers may not drive at all once a driver has been on duty seventy hours in any eight consecutive days. See 49 C.F.R. § 395.3.

Companies that do not monitor compliance with these safety regulations can be held liable for their failure to do so. Drivers may commit negligent acts that give rise to civil liability for money damages and their employers can be held independently liable if they do not do enough to prevent accidents caused by safety violations. In every truck case involving serious injury or death, the trucking company’s records should be subpoenaed to make sure that safety regulations were followed. If not, as is often the case, additional damages can be awarded against the trucking company for proven safety violations.

June 14, 2008

Truck Wrecks Caused by Negligent Hiring and Retention

Under the Federal Motor Carrier Safety Regulations, a truck driver may not be hired, nor may he operate a tractor trailer, unless certain employment criteria are met. One set of criteria deal with the prospective truck drivers qualifications to drive a truck. In this regard, a federal motor carrier must check the drivers driving records for the past three years in every state in which the driver has held a license. See 49 C.F.R. § 391.23((a)(1)). Prior employers for the past three years must be contacted, and the trucking company considering hiring the driver must ask about the driver’s employment status and quality of work. Written notes are required to be retained regarding each contact with each prior employer. See 49 C.F.R. § 391.23(d). Additionally, a road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35.

To ensure that truck companies hire safe truck drivers, all collected records about the driver must be maintained by the trucking company at the principal place of business of the motor carrier for as long as the driver is employed and for a minimum of three years after he is no longer employed. Obviously, the purpose of this requirement is to make sure that trucking companies not only hire safe drivers, or at least attempt to do so, but that they maintain their records documenting what they did to ensure that they comply with the law in this regard.

Those trucking companies that fail to verify what is required of them before they hire a driver can be sued for negligently employing an unqualified, unsafe or unfit driver. Punitive damages can also be imposed under Georgia law because a violation of a federal safety regulation is a crime, a misdemeanor punishable by up to one year in jail. If an unsafe driver causes injury to another and it can be established that the employer truck company failed to comply with federal safety regulations, the trucking company can be held liable for its own violations of the law as well as for the negligent acts of the driver. Thus, in any case involving serious personal injury or wrongful death in which a truck is involved, employment records should be subpoenaed to verify compliance with mandatory safety regulations.

June 10, 2008

Tire Failures Related To Age

Our Atlanta car accident attorneys have been involved in numerous cases in which tire failures have resulted in serious injury and death. We are currently involved in a Georgia case in which a defective tire failed on a dump truck resulting in the death of our client’s wife.
Last week, the National Highway Traffic Safety Administration advised that the risk of a serious crash during hot weather can be heightened by tires that are worn out, under-inflated or too old.

NHTSA research shows that hot weather – and overloaded vehicles – can add significant stress to a tire, especially if it is not properly inflated. Old tires also are subject to greater stress, which increases the likelihood of catastrophic failure. Tire condition is important for all vehicles, but it is especially critical for those more prone to rollover when tires fail. That would include sport utility vehicles (SUVs), pickups or other vehicles with a higher center of gravity.

Some tire and vehicle manufacturers, including Ford Motor Company, have issued recommendations for replacing tires that range from six to ten years of age. Consumers are advised to check with their tire or vehicle manufacturer for specific guidance. The age of a tire can be determined by checking the identification number on the sidewall that begins with the letters "DOT". The last four digits represent the week and year the tire was manufactured.

Tire inflation can be checked with an inexpensive gauge, using the vehicle manufacturers’ recommended pressures, which are found on the driver’s side door pillar or in the owner’s manual.

To reduce the risk of a crash, NHTSA Administrator Nicole Nason urged motorists to have tires, including the spare, checked

May 18, 2008

Serious Injury Paralysis Cases

Automobile collisions often cause serious spinal cord injuries. If the trauma suffered by the victim is severe enough it can cause either temporary or permanent paralysis. Studies have indicated that as many as fifty-five percent (55%) of all paralysis cases typically result from some type of collision involving a motor vehicle, usually a truck, motorcycle or car.

The types of spinal cord injuries we have seen in our personal injury practice include automobile accidents associated with vehicular rollovers and roof crushing. When a rollover accident causes roof crush, passenger space is depleted which contorts the victims into positions that put stress onto the spinal cord, in some cases causing paralysis. While we have seen paralysis resulting from work accidents, sport accidents, and other activities, the majority of the clients we have represented who have suffered this type of terrible injury are those involved in tractor-trailer and very serious car collisions.

Because paralysis is life altering, as is true of any other serious injury or wrongful death case, it is necessary that competent counsel be engaged as quickly as possible. If there is third party liability, investigation of the facts while they are fresh is crucial. If too much time elapses, it may be difficult to establish third party liability. Moreover, key evidence can disappear and crucial fact witnesses can be difficult to locate. While the victim and his or her family are oftentimes overwhelmed by the initial medical problems associated with these conditions, family members should remember that the long term sequelae of traumatically induced paralysis is best addressed by a prompt and thorough investigation of the facts that lead to that condition. If long term effects of the incident are to be addressed, such as, long term lost wages, permanent disabilities and long term future medical costs, the best way to do so is by insuring that a prompt and thorough investigation is undertaken by competent counsel experienced in such case. Finch McCranie, LLP has the experience to handle these issues and has a reputation of doing so professionally, competently and thoroughly.

May 17, 2008

After Effects of Traumatic Amputations

It has been estimated that there are approximately 135,000 new amputations occurring each year in the United States. Twenty-two percent (22%) of these amputations (about 30,000) are estimated to be caused by traumatic events such as tractor-trailer collisions, car crashes and on the job injuries. These serious personal injury cases affect almost all aspects of an individual’s life and typically present difficult periods of recovery for the victims of such injuries.

For those who are unfortunate enough to have experienced a traumatic amputation, there will be not only physical problems, but also emotional problems. Participation in a comprehensive rehabilitation program is very helpful in the recovery phase. A coordinated team approach with physicians, therapists, social workers and psychologists will provide the best approach to the medical care of such an individual.

Many amputees experience problems with body image and difficulty coping with life style changes in a variety of ways. People with amputations frequently go through a grieving process which is similar to dealing with the death of a loved one. Amputees can also have problems about their sexuality. Obviously, there are also significant issues concerning the ability to participate in recreational activities and employment.

Because amputation cases caused by trauma involve so many different aspects of a victim’s life, it is necessary that such a victim receive not only adequate medical care but, in appropriate tort cases involving negligent acts committed by others, competent legal representation. A Life Care plan taking into effect the long term sequellae of these serious injuries needs to be addressed by counsel in these cases, particularly where there are employment related issues.

Because current medical costs may be less than anticipated future medical costs (e.g. many times prosthetic devices have to be replaced on numerous occasions), it is necessary to consult with an experienced Life Care planner in approximating future medical costs before addressing the issue of settlement in any serious bodily injury case involving an amputation.

Continue reading "After Effects of Traumatic Amputations" »

February 26, 2008

Truck Accidents from Driver Fatigue Increasing

Truck driver fatigue is a factor in a significant number of truck accidents involving deaths and other injuries, according to the Federal Motor Carrier Safety Administration, the government agency generally in charge of promoting trucking safety. Consistent with the Bush administration’s continuing policy of protecting the interests of big business (at the expense of the public), in 2004, the federal government catered to the trucking industry and its lobby by changing the rules concerning hours that a trucker may drive. The rules actually increased the permissible driving hours and resulting trucker fatigue hazard. An article on the Insurance Institute For Highway Safety (IIHS) website even pointed out that since those new hours - in-service rules went into effect, truckers have been driving more hours and falling asleep more frequently.

Bureaucrats changing the rules, meant to protect the public, to circumvent congressional intent are nothing new to the current administration. We have seen similar conduct with respect to agencies like the Federal Drug Association (FDA). For instance, in January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim immunity for failing to warn patients of potential drug hazards.