Georgia Injury Lawyer Blog

The Dram shop theory of liability is a legal doctrine which essentially holds that restaurants and lounges who serve noticeably intoxicated patrons with alcoholic beverages knowing that they are soon to drive can be held liable to third parties who are injured by such drunk drivers. Drunk driving is a major problem in this country and those vendors, including specifically restaurants and lounges, who serve visibly intoxicated patrons should be held legally liable for the damages inflicted by their customers. Responsible restaurant chains and lounges train their staff not to serve those who are noticeably intoxicated. Such establishments also train their staff never to serve those they know will soon be driving if they appear to be intoxicated from having consumed alcoholic beverages. Obviously, for such a policy to have any effect, the staff of these establishments must be sufficiently trained to recognize the signs and symptoms of someone becoming intoxicated.

Over the years, our firm has handled many cases involving Dram shop claims. These cases typically involve wrongful death actions where the drunk patron left the restaurant or lounge and ran over and killed someone on the way home, either by running over a pedestrian or colliding with a vehicle by running a red light or otherwise. In order to win these cases and help the family or the victim, who sometimes may be paralyzed or suffer a traumatic amputation or some other serious personal injury, it is necessary that there be a full, complete and immediate investigation to prove that the patron/drunk driver was noticeably intoxicated and that the establishment knew or had reason to know that there customer would soon be driving after having become noticeably intoxicated. Like any other serious legal claim, it is imperative that such investigation be conducted while the facts are fresh otherwise this type of claim can be lost due to a lack of available evidence.

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

Goodyear has faced numerous claims resulting from tire failures and vehicle accidents, many resulting in serious injury and death. As an example, Goodyear marketed their G159 tire to the RV industry for nearly a decade in the 1990's and 2000's, even though Goodyear knew it was dangerous to use that particular tire on those vehicles. The tire, originally designed for urban delivery trucks was speed rated for only 65 miles per hour, continuous use; however; in 1998 Goodyear increased the speed rating to 75 miles per hour, even though the tire design was prone to overheat on RV’s that typically travel at those speeds for extended periods. There are no doubt still plenty of Goodyear G159 tires in use on RV’s throughout the country which could fail causing catastrophic injuries. If you are a consumer and considering the purchase of replacement tires, it is crucial to make sure that the tires under consideration are matched to the vehicle or trailer that you intend to use them on.

Continue reading "Tire Failures Cause Many Automobile and Truck Accidents" »

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

Our firm in the past has handled a similar wrongful death case where a young boy died in a house fire also caused by a malfunctioning product. In that case, the product was also an oxygen generating device that had malfunctioned due to a short in it. The device caught fire and the young boy could not escape his room before being killed. In that particular case, the young boy also suffered from disabilities which made it difficult for him to escape the fire once it started. (As we read the article currently being circulated in the Atlanta area, at least one, if not more, of the three people killed in the fire which occurred in Palmetto, Georgia were also apparently disabled.)

These cases are very difficult to prove because many times the fire destroys the evidence. It appears that the Insurance and Safety Fire Commissioner’s Office did a good investigation of this case because they may have preserved the malfunctioning unit. In the referenced case we handled, the malfunctioning unit was not fully preserved but enough parts of it were such that they could be examined by experts. In that case, it turned out that the product was known to malfunction by the manufacturer and had actually been recalled some several months before the incident due to its dangerous propensities.

Continue reading "Malfunctioning Products And Wrongful Deaths" »

Georgia has an “equitable apportionment” statute which essentially states that either parent of a deceased child, when divorced, separated or living apart, may file a lawsuit for the wrongful death of their child, notwithstanding the divorce or separation. In such a case, the parent that brings the wrongful death case does so in a fiduciary capacity proceeding not only on their on behalf but also on behalf of the divorced/separated spouse who obviously also has a legal interest in the death of their child.

Where divorced parents get along well even after the divorce, they may sue jointly. The difficulty comes where the parents do not get along and one proceeds before the other. Sometimes the other parent has to move to intervene in a lawsuit to protect their interests because they do not trust their spouse. Under Georgia law, even in such cases where neither spouse trusts the other, the fact is that the law provides that one spouse that proceeds in a divorce/separation situation for the wrongful death of a child, nonetheless, proceeds jointly on behalf of their divorces spouse.

In the event there is a recovery for the wrongful death of a child in the situation where the parents are divorced, the law provides for an “equitable apportionment” of any recovery between the divorced parents. A court will decide who gave the most child support, on whom did the child depend for support and issues of a similar nature in determining which parent equitably should receive the largest portion of the wrongful death award, if any. If a parent has abandoned their child, paid no child support, had nothing to do with the child, most courts would not award such a parent anything from the recovery although the court would be authorized to award whatever it deemed to be in the interest of justice based on the facts and circumstances. In most cases the courts would probably plan to divide the proceeds on a 50/50 basis unless there was clear evidence that one spouse had abandoned the child, was abusive to the child, did not pay child support or was not involved in the child’s life. In such circumstances, the spouse that did the most for the child and was the closest to the child would probably receive most, if not all of the award although, once again, the court would be required to equitably apportion the damages based on its own assessment of the equities involved.

Continue reading "Wrongful Death Of A Child Where The Parents Are Divorced Or Separated" »

In Georgia, as a general rule, punitive damages are not allowed in a wrongful death action. Commentary in various legal decisions have indicated that because damages in a wrongful death are somewhat punitive by nature that an award of additional punitive damages would be inappropriate. While punitive damages may not be collected in a wrongful death action per se, nonetheless, because of the unique provisions of Georgia law which confer upon the personal representative the right to bring a claim for property damage and/or any conscious pain and suffering experienced by the decedent prior to death, where there is evidence of either property damage or conscious pain and suffering prior to death, punitive damages may be awarded.

In any wrongful death case where the decedent has experienced conscious pain and suffering counsel should have a personal representative appointed not only to seek compensation for such conscious pain and suffering but also for burial, funeral and related medical expenses. If the circumstances of the case warrant it, punitive damages may be recovered if aggravating circumstances are involved in the underlying liability claim. For example, if a drunk driver kills someone, obviously, punitive damages would be appropriate in such a case. However, under Georgia law, unless the decedent experienced conscious pain and suffering prior to death or there was property damage suffered by the decedent, a claim for punitive damages may not be brought by the personal representative. Again, such a claim can only be brought by the personal representative and cannot be brought by the heir-at-law in the wrongful death claim but only in the estate’s claim for the specified damages.

In a wrongful death action, as indicated in other entries, juries in Georgia are permitted to award both economic and non-economic damages for the “full value of the life of the decedent.” We have written before about the intangible elements of the non-economic damages and the calculations that one would argue to a jury that would be appropriate in establishing lost wages over the earning lifetime of the decedent.

In calculating damages for the full value of the life of the decedent, obviously, every case is different as every individual is unique. You may have a high wage earner, you may have a housewife or child, or an elderly person. The facts in each case are different. However, once the jury decides what fair compensation should be awarded for the non-economic components of the claim, then the jury may calculate the economic damages to come up with a total award. One point to be made here is that only economic damages can be reduced to their present cash value because the money is being awarded today as opposed to having to wait over the expected lifetime of the decedent to recover the same. Non-economic damages, or the intangible elements of a wrongful death claim, however, are never reduced to present cash value.

As indicated in other entries, when a jury awards an amount for the full value of the life of the decedent, it must do so “without deduction of any necessary or other expenses, had he or she lived.” While a jury will be instructed to reduce economic damages to their present cash value again, in most wrongful death claims, the non-economic component of the claim, that being the intangible aspect of the loss of life from the standpoint of the decedent, is the more valuable claim, which hopefully will provide fair compensation for the survivors bring the claim. Counsel must educate the jury that non-economic damages should never be reduced to their present cash value in calculating damages in a wrongful death case.

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Not a week goes by that we do not see a significant amount of road debris laying in the middle of Atlanta highways. Just last week a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig.

In October of 2008, a woman, trying to avoid road debris, died instantly in a single car crash. The accident happened at about 7:30 a.m. in the westbound lane of Interstate 285 in north Atlanta, Georgia. The victim tried to avoid a truck bed-liner in the highway when she hit a median wall.

In July of 2010, a Canadian woman died when a brake drum broke free from a large commercial truck was struck by the wheel of a tractor trailer and thrown into the air and through the woman’s windshield, striking her in the head.

On June 30, 2010, a Florida woman was killed after a portion of a portable toilet crashed through her car’s windshield. The two portable toilets fail from the trailer of a pickup truck. When they hit the ground and broke apart, a portion of one of them crashed through the woman’s windshield striking her. As a result, the woman veered off the road and crashed into a tree.

There are ever increasing numbers of these accidents which are claiming the lives of many motorists. Failure to secure a load being transported by car, tractor-trailer or any other vehicle is negligence for which you may be liable in damages. Trying to identify the person or corporation responsible for foreign objects being in the roadway is not always very easy.

Continue reading "Road Debris On Georgia Highways Can Kill" »

Under Georgia law, there is a statutory Annuity Mortality Table which was passed into law in 1949. This table is commonly referred to by Georgia lawyers as “The Annuity Mortality Table 1949 Ultimate.” The figures in this table have been used for years in wrongful death actions and are still relied upon by juries today in assessing damages. Essentially, the Mortality Table shows that if a person has lived to a certain age that it is likely they will live a certain additional number of years based on Annuity Mortality studies which resulted in the statutory Tables. For example, someone who has lived to age 40 will live an approximate say 35.15 more years if he is a male and 40.11 years if she is a female. In other words, the table sets forth the life expectancy of the decedent. These tables can be effectively used in a wrongful death action in establishing the “full value of the life” of the decedent, not only with respect to economic damages but also non-economic damages. With respect to economic damages, if it is established, for example, under the terms of the Annuity Mortality Table, that the decedent would have worked an additional 25 years (up until age 70) before he or she retired and then an additional 10 years based on their life expectancy, then counsel may argue that the jury should award 25 years of earnings at an average rate of what the decedent showed they were capable of earning, the same 25 years for “non-economic damages” (enjoyment of life) plus an additional 10 years while living in retirement for the “non-economic damages” suffered by the decedent. While counsel are not restricted to using an Annuity Mortality Table in any case, and can utilize the services of an economist who can extrapolate such figures from the evidence introduced at trial, nonetheless, the Annuity Mortality Table 1949 Ultimate is a good piece of evidence to use in Georgia to help the jury understand the magnitude of a wrongful death claim and how they should go about calculating damages projected over many years.

Life expectancy as shown by the Mortality Tables is merely an estimate of the average remaining life of anyone in Georgia. Such tables while not binding on a jury are nonetheless useful guides in helping to demonstrate the likely life expectancy of the decedent. While such figures are obviously not relevant if the decedent was suffering from cancer, for example, or had a family history of heart disease or diabetes or other diseases which could shorten the life expectancy, for someone who dies with no serious health consequences, the Annuity Mortality Table 1949 Ultimate is a significant piece of evidence which can be used by experienced counsel in demonstrating the extent of one’s economic and non-economic damages in a wrongful death case in Georgia.

Obviously, the heartache, trauma and tragedy of losing a child is unspeakable. And yet, as set forth in prior entries, the measure of damages under Georgia law is not from the standpoint of the parents who sustained the loss of a child but rather from the standpoint of the child who lost their life. This can be difficult for any lawyer to prove because a child does not have proven earning’s records nor is the child’s future easily predicted. Typically, because parents who lose children may have other children or may be capable of bearing children in the future, even though the jury will be instructed that the measure of damages is from the standpoint of the decedent, juries may tend to factor into their damage analysis the fact that the parent’s loss may be offset by other practical considerations. This too is a challenge in any wrongful death case involving a young child with young parents.

There is no necessity that a plaintiff prove a child’s earning capacity in order to recover for future economic damages. A jury may look at the education and background of the parents in making determinations about the child’s probable income producing abilities. As an example, counsel could argue what the average wage earner in the United States earns through their lifetime and could argue that increased damages should be due to the heirs-at-law because of the income earning potential demonstrated through parents, siblings or other relatives. It is a challenge to prove the full value of the life of a minor child with no proven earning capacity but nonetheless, the jury is not bound by any fixed criteria in arriving at a fair and impartial verdict that awards compensation for the “full value of the life of the decedent.” Each life is unique and a child is no different. While there might not be as much available evidence to demonstrate the loss of economic damages, the jury will be instructed that even with respect to the death of child, the jury should consider both economic and non-economic damages in determining the “full value of the life of the decedent.”

Whether on a pontoon boat, bass boat, ski boat or jet ski, recreational boating is a popular activity enjoyed by millions of Georgians. However, according to the United States Coast Guard, boat accidents and boating related injuries are on the rise in lakes, rivers, and coastal waterways with over 5,000 accidents occurring each year, nationwide. The U. S. Coast Guard keeps and publishes statistics on the various causes of boating accidents. Tracking data from 2006 - 2007, the Coast Guard reported in the 2007 Recreational Boating Safety Statistics that operator inattention, careless/reckless operation, passenger/skier behavior, excessive speed, and alcohol use rank as the top five primary contributing factors in accidents. Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 21% of the deaths.

A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and boat related deaths. If you or a loved one have been injured in a boating accident, call the Georgia injury lawyers at Finch McCranie, LLP.

One would think that under Georgia law, the same person or persons who has the right to bring a wrongful death case would also have a right to seek compensation for funeral, medical and other expenses pertaining to the wrongful death. And yet, under the unique provisions of Georgia law, this is not the case. Under O.C.G.A. § 51-4-5, it is the personal representative of the decedent who has the right to recover medical and funeral expenses. Typically, therefore, it is necessary to have someone appointed as the personal representative of the decedent’s estate to bring such a claim. In a situation where a child dies, because the parents are legally liable for such expenses, there is no need to set up an estate per se although this can be done.

As we have written in prior entries, Georgia law sets forth who may bring a wrongful death action. Regardless of who that individual is, only the personal representative of the decedent’s estate (except where children are involved) has the right to bring a cause of action for funeral and related medical expenses pertaining to the wrongful death. Thus, under Georgia law, there is a bifurcated claim in most wrongful death cases. The surviving spouse, children or parents may bring the claim for the “full value of the life of the decedent,” whereas only the personal representative may bring a claim for funeral and related medical expenses. Thus, in the typical wrongful death case in Georgia, there are two claims brought; one for the full value of the life of the decedent and the other for medical and funeral expenses pertaining to the wrongful death. In such situations, the plaintiff may be the same person that is the representative of the estate (such as a wife, as an example) or there may be two different individuals involved. Under the unique provisions of Georgia law, the simple fact is that causes of action are divided: there is a wrongful death claim for the full value of the life of the decedent and there is a separate claim which must be brought by the personal representative of the deceased to recover any medical expense attendant to the death and for reimbursement of funeral and burial expenses. In addition, if there was any conscious pre-death pain and suffering experienced by the decedent prior to death, that claim too belongs to the personal representative of the decedent, not to the statutory heirs-at-law, who have the wrongful death claim.

Brake system care of golf carts is very important. Golf carts can be just as lethal as automobiles if not operated and maintained properly. When used carelessly, a golf cart can kill or severely injure the driver and passengers, innocent bystanders, or it can cause significant property damage. There are a number of things that can be wrong with golf cart brakes to create these types of situations.

Most all golf carts employ cable activated rear wheel brakes only. In recent years, hydraulic brakes and 4-wheel cable activated brake systems are becoming more common, as golf carts take on more diverse applications off the golf course; however, these systems are less common. Cable activated brake systems must be properly inspected and maintained on golf carts. Negligent maintenance can result in total and unexpected brake failure. Cable activated systems have three primary drawbacks. 1) The multi-stranded cables can start to break and unravel, sometimes inside the housing so that it is hard to see damage in progress; 2) The cables themselves are often located immediately under the battery compartment in electric vehicles, thus they are subject to the problems of improper battery maintenance. Acid-dripping batteries can contaminate and start to corrode the cable strands. Coupled with the natural water spray and corrosive golf course fertilizers, the cables really take a beating and may be subject to sudden and unexpected failure; and 3) The cables hang below the chassis and they are vulnerable to snagging stumps, rocks, and any other protruding obstacles they encounter.

A proper and systematic inspection of a golf cart will reveal most of these problems before there is a catastrophic event. If the cables are rusted, kinked, have broken housings, or just look suspicious in any way, shape or form, they should be replaced immediately. Failure to properly inspect and maintain a golf cart may subject the owner to liability for injuries in the event of a golf cart crash.

Continue reading "Golf Cart Accidents Can Be Caused By Failure To Maintain Brake Systems" »

In Georgia, under the provisions of O.C.G.A. § 51-4-1 and 2, the measure of damages in a wrongful death action is “full value of the life of the decedent as shown by the evidence, without deducting for any of the necessary or personal expenses of the decedent had he lived.” The full value of the life of the decedent includes not only all economic damages sustained by the decedent such as lost wages, but also non-economic damages such as the enjoyment of life. Peculiar to Georgia law, the measure of damages is from the standpoint of the decedent. What did the decedent lose? Obviously, if someone was married and employed at the time of death, they lost the society and affection of their wife and children and the enjoyment of their career. By looking at the damage question from the standpoint of the decedent, the jury is not allowed to look at the sympathy and bereavement of the surviving heirs, but must view the evidence from the standpoint of what the decedent lost when their life was wrongfully taken from them by the negligence of the third party who has been sued for their wrongful death.

With respect to non-economic damages, obviously, this is a very broad term which includes not only enjoyment of life but also advice, assistance, care, companionship, counsel, and loving services. These are the “non-economic” portions of the damage caused by the wrongful death which when coupled with the economic damages (typically the amount of money lost by the wrongful death), total the “full value of the life of the decedent.”

Obviously, in proving damages in a wrongful death case, it is important that counsel prove that the decedent’s life had more value apart from their own economic producing potential. Typically, the largest component of a wrongful death claim involves the non-economic damages. Many people who are extremely gifted may not be high wage earners and yet the full value of their life may be greater than the life of a high wage earner. People like poets, artists, musicians, and some retirees may have a much fuller life than younger people but in any case, under Georgia law, the unique provisions of the law are such that a jury must determine the “full value” of the life of the decedent from the standing point of the decedent involved in the case. By making allowances for both economic and non-economic portions of the damages, the jury is given wide latitude in determining what compensation would be fair and reasonable under the circumstances of any given case where a wrongful death has occurred.

Golf cart accidents are caused by any number of factors, including, the negligent or reckless operation of the cart and negligent failure to inspect and maintain the cart, especially the brake system. The number of reported golf cart accidents is continuing on the rise, which raises the public concern about golf cart safety. With the advent to faster golf carts and the practice of using golf carts in “off course” locations such as in airports, on school campuses or even city streets, more accidents are prone to happen. One of the more common golf cart accidents involves passenger ejection. This usually happens when the driver makes a hard left turn causing the passenger to be ejected from the right hand side of the cart. Golf cart seatbelts are not mandatory and therefor they are rarely present
.
Roll-overs are another typical accident associated with golf cart usage. These tend to happen on slick and/or hilly terrain, especially if your cart has a sub-par braking system. For instance, if your cart has only a front or rear wheel braking system and you attempt to slam on your brakes when driving full speed down a steep grade, your brakes may not be able to slow your acceleration, which in turn would cause you to fishtail out of control with the possibility of rolling over if you make any sharp turns. If your cart has only rear-wheel brakes and one of the rear wheels comes off the ground or fails to make good contact with the ground, you have very limited, if any braking ability.

Continue reading "Golf Cart Accidents Happen More Often Than You Might Think" »

The status of the decedent by in large determines who has the right to sue in a wrongful death case. Where someone is killed through the negligent acts of a third party, such as a truck driver or product manufacturer, Georgia law proscribes who has the right to sue such a cause of action. If the person is married at the time of his or her death, the surviving spouse has the right to bring a cause of action for the wrongful death of the decedent. If the decedent is not survived by a spouse, but is survived by children, then the decedent’s children have the cause of action. If the decedent dies without any spouse or children, then the decedent’s parents have the cause of action. If the decedent dies with no surviving spouse, children or parent, then in that event, the administrator of the decedent’s estate has the cause of action and may bring it for the benefit of any remaining relatives. In short, under Georgia law, there is a hierarchy of those who are allowed to bring wrongful death cases but someone is always authorized under the law to bring such a case where the decedent’s death was caused by the negligent acts of a third party.

At our firm we have handled many different wrongful death cases for all of the above categories. We have represented widows, widowers, parents, children and estate representatives. In those cases where the cause of action is vested with a surviving spouse, to the extent the decedent was also survived by children, the spouse proceeds in a fiduciary capacity. In the event of a recovery, the spouse has to divide the recovery with remaining children, but in no event will the spouse receive less than one-third (1/3) of the recovery regardless of the number of children. In short, if there are multiple children, the spouse will receive one-third (1/3) and the children will divide equally the remaining two-thirds (2/3) of any such recovery.

It is important that counsel determine whether a potential client is vested with a cause of action in considering whether a wrongful death case exists. We have been approached many times by siblings, ex-spouses, step-children and the like in situations where there is no valid cause of action that may be brought y the person involved. In Georgia, the law sets forth the classifications of those that are legally authorized to bring wrongful death actions. While a step-child or grandparent or other third party might, under certain circumstances, conceivably have a claim, it would only be in those circumstances where they were appointed as representative of the estate and no one else was statutorily recognized to bring the case. Again, such inquiries must be made when the case is initially being evaluated, because the law sets forth procedurally who has the right to bring the claim.

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.

Georgia law states, in part, "No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device".

A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. Failure to exercise the required care can result in serious injury or the wrongful death of innocent victims. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and fatalities.

Continue reading "Georgia Woman Drowns At Lake Lanier - Boat Operator Charged With Boating Under The Influence" »

When most people hear about a motorcycle accident they envision a collision with a car or a truck; however, motorcycle accidents also occasionally occur as a result of debris and foreign objects on the roadway.

The Savannah Morning News reported today that on Sunday, a 23 foot trailer came loose from a Ford F-150 truck being operated by 66 year old Gerald Adams. The trailer crossed over the median on Interstate 16 where it collided with 26 year old Carroll Girtman, who was riding his Yamaha motorcycle in the westbound lanes.

Adams has been charged with second-degree vehicular homicide and operating an unsafe vehicle, both misdemeanors.

As a Georgia injury lawyer who often pulls a long, heavy boat trailer, I am always aware of the my responsibility to make sure that the boat is secured to the trailer, that the trailer is properly secured to the truck with safety chains, that the tires are in good shape and that all of the lights are operational. As the Savannah motorcycle case illustrates, when a trailer comes loose from a motor vehicle, it will almost certainly result in the serious injury, if not the wrongful death of an innocent person.

Although no additional details about why or how the trailer came loose were reported, there are alot of questions to be answered. Was the hitch properly secured to the vehicle? Were safety chains being used? If there was an equipment failure, is there a products liabilty case against the manufacturer of the hitch, ball or trailer manufacturer? If properly secured, trailers do not usually come loose from motor vehicles.

Continue reading "Georgia Motorcycle Accident Results In Death" »

The Georgia injury lawyers at Finch McCranie, LLP know that most motorcycle riders are good drivers and that many accidents are caused by other careless drivers. Such may have been the case yesterday in South Fulton County. WSBTV and The Associated Press have reported that a motorcycle accident has resulted in the death of a Jonesboro, Georgia man. The victim, Albert Davis, age 32, was riding the motorcycle at 2:20 a.m. on Old National Highway when the collison occurred. To date no one has been charged; however, investigators believe that Davis locked his rear brake before hitting the back of an SUV that had entered the roadway. The Fulton County police are continuing the investigation.

Not a day goes by that the Georgia injury lawyers at Finch McCranie, LLP don't read about tragic deaths from automobile accidents, tractor trailer accidents and motorcycle accidents. On Wednesday of this week a popular Georgia High School coach, 46 year old Anthony Glen Barge, was riding motorcycles with his brother-in-law near the Lake Wedowee, Alabama. They were reportedly on the way to visit relatives in the area. According to The Anniston Star, Barge was riding his 2001 Kawasaki motorcycle when he turned too wide on a curve and struck a Toyota SUV. Unfortunately, Barge was killed on impact.

Barge leaves behind his wife his wife, Cindy and seven children. Two of his sons attend Carrollton High School where he was had been employed as an assistant football and baseball coach for almost ten years.

Georgia injury lawyers know that sometimes no matter how careful you ride, you can lose your life in a motorcycle accident. On Tuesday of last week a Georgia man was killed when he lost control of his motorcycle on Interstate 95. Jonathan Holifield, 22, was pronounced dead at the scene just south of Bryan-Chatham county line on I-95 north. The accident occurred at 6:38 p.m., according to the Georgia State Patrol. According to an article published by the Effingham Herald, a witness told troopers that two vehicles in the left lane moved into the middle lane, where Holifield was riding, and one of the vehicles struck Holifield’s motorcycle; however, troopers found no evidence of damage to the left side of the motorcycle. Given that there were lane changes from the vehicles, it is believed that Holifield apparently took evasive action to avoid a collision and subsequently lost control of his motorcycle