Finch McCranie, LLP

Most Dangerous Intersections For Motorcycles

Our Atlanta attorneys frequently litigate motorcycle accident cases. Our experience over many years shows that in almost all cases the motorcyclist was not at fault.
Recently, the Atlanta media reported a case in which a young man was fatally injured in the Little Five Points district when the scooter he was driving was hit from behind by a vehicle.
Allstate insurance company has conducted a study of the most dangerous intersections in Atlanta for motorcycle riders.
The data indicates that the intersection of 14th Street
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Deadliest Months For Teen Drivers Begin

As teens begin summer vacations, a disturbing warning has been issued by the U.S. Department of Transportation.
The latest data from U.S. Department of Transportation’s Fatality Analysis Reporting System show that the deadliest days of the year for teens ages 15-19 are in the months of May, June, July and August. During these four months, nearly twice as many teens died on the roads each day as compared to the rest of the year – for an average of nearly 16 deaths per day (15.9)
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Pedestrian Accidents

We read in the paper this week news articles about various traffic incidents involving pedestrians. In one case a drunk driver hit a pedestrian who was walking in a crosswalk at an intersection. The drunk driver apparently ran the stop sign running over and killing the pedestrian. In another case, again, a pedestrian was in a crosswalk and a driver simply failed to pay attention to the situation and ran over the pedestrian, seriously injuring the victim.
Big cities are dangerous because there are many
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Motorcycles and Drunk Drivers: A Deadly Combination

We read in the paper this week about a tragedy involving a motorcyclist who was struck and killed by a drunk driver. According to news accounts, the drunk driver was completely at fault in the incident and struck the innocent motorcycle rider from the rear. Regrettably, this case is indicative of the dangers to which all motorcycle riders are exposed. Such dangers are exponentially increased, obviously, when a drunk driver is involved.
We read in the paper this week about a tragedy involving a motorcyclist
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Dangerous Glass Products and Preventable Injuries

Approximately 2 years ago we published an article on the dangers of unsafe and dangeous glass products. We re-print this article because of the tragic death of a young woman who fell to her death this week after falling through a window at a hotel in downtown Atlanta. This accident was preventable but occurred because safety glass was apparently not properly used. In today’s modern age, with the known dangers involved, this is inexcusable. Our earlier blog entry is posted again in view of this
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Unit Measurement Approach When Discussing Wrongful Death Damages

If a 28 year old male is killed and hypothetically he should have a 48 year life expectancy, when killed at age 28, the decedent has lost 46 years of his life according to the Annuity Mortality Tables of most states. Forty-eight years translates into 46 years times 365 days a year times 16 hours a day of consciousness (46x365x16=268,640 hours). Because we sleep for 8 hours a day, if one argues before a jury that the decedent would have consciously enjoyed life for 46
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Measuring Damages In Wrongful Death Cases

As every individual is unique, so is the challenge faced by a trial attorney in trying to address a jury on the issue of the proper measurement of damages in the wrongful death case of any individual. All individuals are different. They come from different backgrounds and they are different ages, sexes, races, nationalities and religious beliefs. Whoever the unfortunate victim in a wrongful death case may be, the challenge is coming up with the best assessment of addressing damages when trying to obtain
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The Centers For Disease Control Releases Wrongful Death Statistics

According to a recently released report authored by the Centers for Disease Control and Prevention, car accident cases and wrongful deaths cost the State of Georgia approximately $1.5 billion in the calendar year 2005. Regrettably, this is the most recent data which as been collated and studied. Nationwide, car accident related deaths cost approximately $41 billion. Georgia ranked number 4 among 10 other states with the highest medical and work lost costs associated with preventable deaths caused by motor vehicle collisions.
Obviously, much can
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New Georgia Law Designed To Prevent Injury To Children

Georgia Governor Nathan Deal has signed a new law requiring all children under the age of 7 to be placed in booster seats unless they are over 40 pounds in weight and/or stand more than 4 feet 9 inches tall. The new law will go into effect this coming January to give parents time to purchase booster seats if needed. The reason for the new law: Protection of our children. Authorities have tracked injuries to children over the last five years and have determined that
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Mammogram Recommendations Disputed By Scientific Studies

Women under 50 who follow the advice of a U.S. panel to forgo annual mammograms may be at risk for more severe forms of breast cancer
Three recent studies led by radiologists suggest that failing to get regular breast screenings left women more likely to discover cancer at an advanced stage. The delay resulted in larger tumors and a worse prognosis once the cancer was uncovered, the data found.
The U.S. Preventative Services Task Force said in 2009 that most women ages 40 to 49
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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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Filing A Federal Tort Claims Act Case Against the United States

As is true of any other claim against the Federal Government, if a tort has been committed for which a government employee was negligent which caused injury or damages to an innocent third party, the procedures of the Federal Tort Claims Act govern the claim. A Standard Form 95 with all supporting documents needs to be filed with the appropriate government agency involved before the expiration of two years. Regardless of the agency involved, the form must to be received by the appropriate agency/department.
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Legal Liability For Emergency Vehicle Negligence

In urban America it is not uncommon to see speeding government vehicles heading toward a variety of locations. Whether the emergency vehicle be a fire truck, an ambulance or police vehicle this is a common day occurrence in places like Atlanta. Regrettably, during some of these responses, the emergency vehicles collide with innocent motorists. When this happens, obviously, the issue is whether there is legal liability for the operator of the emergency vehicle/government.
Under O.C.G.A. § 40-6-6, emergency vehicles are permitted to disregard traffic rules
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Innocent Passengers Involved In Police Chases Can Sue

On March 28 of this year, the Georgia Court of Appeals held that innocent passengers unwittingly involved in a high speed pursuit case can sue the police for damages caused, in part, by a reckless disregard of proper police procedure. In so ruling, the Court of Appeals noted that the police pursuit statute found at O.C.G.A. § 40-6-6(d)(2) was enacted by the Georgia Legislature to protect the rights of the innocent. Whether an innocent person is either inside or outside of a vehicle is not relevant. The question is, whether the injured party filing a claim against the police was innocent of wrongdoing. If innocent, whether a passenger inside the vehicle or a pedestrian outside the vehicle or any other third party, the Georgia Court of Appeals held that such a person could bring a claim, again, provided they were innocent and were injured, in part, by a reckless disregard of proper police procedure.

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The Value Of Demonstrative Evidence

There is an old saying that a picture is worth a thousand words. In legal cases presented to a jury, this is particularly true. If you have photographs of an automobile collision’s aftermath and can graphically demonstrate the damage to the vehicles involved, this is much better and more persuasive evidence than is an oral description of the same damage. Likewise, if there are x-rays or photographs of a client’s injuries, this too is very persuasive. Where original photographic evidence or videotaped evidence is not
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Achieving Justice In A Personal Injury Case

Oftentimes clients like to refer to news articles about some substantial jury verdict or settlement in favor of a plaintiff in a particular case. Our advice when these comments are made is that it is very dangerous to compare apples to oranges. Literally speaking, no two cases are alike and it is difficult to compare one person’s case to another. On the other hand, the paramount goal of our attorneys is to make sure that our clients receive the best possible result given the facts of their particular case. Here, we like to compare apples to apples insofar as possible.

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Georgia’s New Rules Of Evidence

Effective January 1, 2013, Georgia’s New Rules of Evidence go into effect. The new provisions are found generally at O.C.G.A. Title 24, Chapter 1 through 10. The new code applies to all cases filed on/or after 1/01/13 and to all trials commenced on/or after said date. What this means is that the new Rules of Evidence will apply to any case in Georgia beginning on January 1, 2013, and going forward.

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Excessive Force Used In Detaining A Shoplifter

Today we read newspaper accounts about a suspected shoplifter being killed by security personnel at a local Walmart here in Georgia. According to news accounts, the suspected shoplifter allegedly took some merchandise with him outside the store at which point he was tackled to the ground and then held in a “choke hold” for an undetermined period of time. When the police arrived the suspect was motionless and determined to be dead, apparently from trauma inflicted when he was subdued.
Under Georgia law, shopkeepers have
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