Finch McCranie, LLP

Bike Injury Patterns

Bicycle injuries and fatalities are an increasing problem. The Pedestrian and Bicycle Information Center is a program of The University of North Carolina Highway Safety Research Center in cooperation with the Association of Pedestrian and Bicycle Professionals. It is funded by the U.S. Dept. of Transportation.
Statistics published by the Center reveal patterns of biking fatalities and injuries. Using 1999 data, there were 750 bicycling fatalities and 51,000 bicycling injuries resulting from traffic crashes in the United States. Bicyclist fatalities accounted for 2 percent of
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Motorcycle Crashes: 85,000 More Troubling Statistics

In 2006, approximately 5,000 people lost their lives and 80,000 were injured in motorcycle crashes. We have blogged before about the staggering number of statistics when it comes to those killed or injured while riding motorcycles. Obviously, riders must wear protective gear to protect themselves with defensive driving since they have little other protection in the event of a crash. What the statistics show, however, is that motorcycle injuries and fatalities are on the rise. In 1996, 2,161 people were killed in motorcycle crashes. In
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Bicycle Accidents Increasing

Bicycle accidents are increasing at an alarming rate as the popularity of road biking has increased over the last few years, and, as more people are turning to bikes as a means of transportation to save fuel. With the increase of bike riders it is only natural to assume that injuries would increase as well.
Our attorneys and staff are reviewing many of these matters. We are seeing the expected increase of injuries from the failure to wear a helmet and from improper positioning of
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Motorcycle Crashes and Helmets: Statistics Prove that Helmets Save Lives

The National Highway Traffic Safety Administration (NHTSA) recently issued statistics indicating that in 2006 helmets dramatically saved lives in motorcycle crashes. The NHTSA estimates that had all motorcyclists involved in collisions worn helmets in 2006, 752 more people would have survived their injuries. As it was, in 2006 it is estimated that motorcycle helmets saved 1,658 lives. Over 4,800 motorcycle riders died in 2006.
Obviously, in those states that require helmet use, the number of riders wearing helmets are greatly in excess of those in
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Chilling Statistics for Motorcycle Accidents

According to the National Highway Traffic Safety Administration (a division of the United States Department of Transportation), in the calendar year 2006, 4,810 people died in motorcycle crashes. This number was up over 5% from those killed in 2005 (4,576). The number of those killed in 2006 were at their highest levels since 1981. Additionally, according to the statistics maintained by the NHTSA, motorcycle fatalities have increased every year for the past consecutive 9 years.
Of course, there are more motorcycle riders on the road
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The Blufton Bus Crash: “An Accident That Did Not Have To Happen”

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

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Medication Errors Still Occurring in Hospitals

A baby in a Corpus Christi, Texas, hospital neonatal intensive care unit has died after receiving an overdose of the blood thinner heparin. The baby was one of up to 17 babies in a neonatal intensive care unit receiving overdoses heparin. Heparin is an anticoagulant often used to clean the IVs of patients and prevent blood clots from forming in the lines.
The problem with heparin overdoses of infants in hospitals entered the public arena last year when the twins of actor Dennis Quaid almost
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Motorcycle Accidents and Uninsured Motorist Coverage

This past year our firm handled several motorcycle accidents involving wrongful deaths and serious injuries. What we see in these cases is the importance of a motorcycle rider having uninsured motorist coverage to protect their interests. Even where a motorcycle rider is doing everything right, is wearing a helmet and is operating the motorcycle safely, it is not uncommon for us to see wrongful death and serious injury cases in such contexts. For whatever reason, many people pull right out in front motorcycle
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Police Chase Cases and Innocent Passengers

Since the seminal case of Scott v. Harris as decided by the U. S. Supreme Court there seems to be a prevailing mood that “the gloves are off” and the police can chase a suspect who defies their orders to pull over for as long as possible notwithstanding the dangers to the public. Fortunately, even though this has been the reading by some of the Supreme Court Opinion, the legal landscape is hardly as bleak as some would think. Indeed, state laws like that enacted
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Surgical Checklist For Reducing Errors

The World Health Organization issued its first guidelines on Tuesday aimed at reducing complications and deaths from the rising numbers of operations now being performed. Many who read the checklist will react by wondering why hospitals and surgeons have not been doing this for years.
The guidelines are a list of simple safety checks that the health organization said could halve the rate of surgical complications. The list is intended to improve anesthetic safety practices, avoid infections and improve communication among members of surgical teams.
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The Impact Of Pre-Existing Injuries On Personal Injury Cases

All experienced attorneys that practice in the personal injury field are familiar with insurance companies attempting to exploit prior injuries sustained by clients. The argument often used is that the injury caused in the car wreck, tractor-trailer accident, slip and fall incident, or other personal injury case was not caused by the negligence of the person being sued, but rather, that the victim of the negligence is simply malingering and/or claiming damages for a pre-existing injury. Insurance companies subpoena health records as far back as
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Five Hour Energy Drinks: A Potential Killer

According to the Food and Drug Administration (FDA), it has received reports of 13 deaths associated with the use of the popular “Five Hour Energy” drink. Because the FDA’s investigation is ongoing, currently it is not known what has caused these reported deaths. Is it because the product has too much caffeine that results in heart attacks? Or is it because of other ingredients in the drink which are not subject to FDA regulations (because it is considered a dietary supplement)? The Five Hour Energy
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Using The Glasgow Coma Scale To Determine The Severity Of Brain Injury

In many of our serious automobile collision cases we unfortunately find ourselves representing victims of a traumatically induced brain injury. During any serious car accident, unfortunately victims oftentimes strike their heads either on the seat or some other interior portion of the car. This can sometimes result in a loss of consciousness, confusion, dizziness or otherwise. When emergency personnel arrive at the scene of a serious wreck and diagnose those who appear to be confused or dazed, they typically use an assessment tool called
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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
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