Articles Tagged with Personal Injury

“When a vehicle is supplied by an employer for the mutual benefit of himself and his employee to facilitate the progress of the employee’s work, employment begins when the workman enters the vehicle and ends when he leaves it on the termination of his labor.” This statement is an exception to the general rule that coming to or going from work is usually not considered to be work within the scope of employment. However, if an employer furnishes a company owned vehicle to an employee for his use to come to work and be on call for the master’s business 24/7 either via a radio, dispatch system, cell phone or other type of communication device, then in that event, a jury question is present as to whether an employee coming to or going from work is acting within the scope of his employment.
If an employer allows an employee to take a company vehicle home every evening so that it will be available for the employee to perform his duties on an expedited basis the very next morning or if the employee’s truck is furnished with a two-way radio, as an example, where the employee is subject to the direction and control of his supervisors whenever they wish to communicate with him, and/or if the employer furnishes fuel and provides the truck for the mutual benefit of both the employer and employee, under any of these circumstances, there may be an exception to the general rule that an employee typically is not working for his employer until he arrives at the office.
Most of the cases that deal with an employee coming and going to work do not deal with employees driving company vehicles. Under Georgia law, if an employee is involved in an accident while driving an employer’s vehicle, a presumption arises that the employee was on the business of the master. The burden is upon the master to show that the employee was not. If the truck was furnished 24/7 so that the employee would be available for call and/or available to the employer and/or if the vehicle is used as a rolling billboard or advertisement for the employer’s business, then clearly under such circumstances, the vehicle is being used both for the benefit of the employer and the employee.

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Lithium battery cells are very small and sometimes look like a silver quarter. Unfortunately, these batteries are omnipresent and found in virtually every American household, whether it be in remote controls, watches, garage door openers or children’s books. Unfortunately, the tiny batteries that operate all of these devices can be extremely deadly to young children who may swallow them. While there are federal laws that require toys that use these batteries to have battery compartments that are locked with screws, unfortunately, the batteries can be found in a variety of devices used by adults where children can access them. If a child swallows a lithium battery cell and begins having symptoms of stomach disorders, etc., the diagnosis can be extremely difficult to make and before the diagnosis is made, fatalities can ensue from irreversible damage to the gastrointestinal tract.
Obviously, prevention is the best cure here. Parents should be on notice to protect their children from these small battery cells. Any device that has such a battery must have screws on it otherwise it is potentially dangerous to a child that get a hold of it. While more federal rules and regulations may be necessary for these products, particularly since they are so omnipresent and until such time as more rules are enacted, parents need to become aware of these hidden dangers in their homes.
Because these devices clearly can endanger children, product manufacturers must also take it upon themselves to make sure that their products are safe. By making the batteries difficult to remove without a screwdriver, manufacturers can render these very useful products all the more safe and protect young children who otherwise might manually manipulate a device as is normal for any child. If a battery can be removed due to manual manipulation alone, respectfully, the products may be unsafe due to the foreseeable dangers that can be caused to young children by them.

Georgia injury lawyers have seen the devastation created by motorists who drink and drive. Many of the most serious automobile accidents and trucking accidents are caused by drunk motorists. A large number of the offenders are repeat or habitual offenders. Several years ago, our firm represented the mother of a young man in a Federal Tort Claims Act wrongful death case. The young man, who was walking home from work on the shoulder of the road, was struck and killed by an FBI agent driving a bureau car who left the scene of the accident. Our investigation would later show that the agent had just left a bar after a night of drinking. The police officer who showed up at his home later that evening recognized the agent because she had previously charged him with DUI on the same road earlier that year. A Twelve Step Recovery book was found on the seat in his car.
A new Georgia law is ratcheting up the penalties for such repeat offenders by making the crime a felony. In order for the charge to be a felony, a certain number of offenses within a certain time period will qualify a driver for the enhanced charge. In the case of DUI, four arrests and three convictions in one year will earn you a felony.

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A Springfield Georgia automobile accident resulted in the wrongful death of a 17 year old Springfield teenager, Whitney Newman, in the early morning hours last Sunday morning. According to the Savannah Morning News, the teen was a backseat passenger in a Chevrolet Tracker which lost control and flipped over several times, ejecting some of its five passengers. Although authorities did not initially know why the driver lost control of the vehicle, the Georgia State Patrol Specialized Collision Reconstruction Team was investigating. At least two other occupants of the vehicle sustained life-threatening injuries as a result of the accident and they were transported to Memorial University Hospital in Savannah.

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One of the realities of the Federal Tort Claims Act is that the fees for counsel are limited. If the case is settled pre-suit, the fees are limited to twenty percent (20%). If the case goes to trial before the District Court by way of a bench trial, the fees are increased to twenty-five percent (25%) of the award. As is true of most personal injury claims, attorney’s fees are payable from the amount of the recovery, not in addition to it. The United States is also liable for court costs just as a private party would be, however, attorney’s fees are not considered to be court costs.
As might be imagined, it is difficult to sue the United States in a complex medical malpractice case in a hypothetical claim involving the Veterans’ Administration because in such a case counsel will be limited to a recovery of twenty-five (25%) of attorney’s fees. This is the standard fee that attorneys receive in workers’ compensation cases and is not a significant inducement for counsel to take a complex medical malpractice case involving the government. Nonetheless, Congress has limited the attorney’s fees that one may obtain in these cases and thus the most that an attorney can recover is twenty percent (20%) if the case is settled pre-suit and twenty-five percent (25%) if presented to the District Court via a bench trial.

Georgia medical malpractice cases have become increasingly difficult to bring as the legislature enacts more and more restrictive laws. A fact which many do not know is that patients injured by highly negligent actions in Georgia emergency departments have no right of recovery. This is due legislation which established a gross negligence standard which governing the actions of emergency room personnel.

This standard has been interpreted by the Georgia courts as requiring almost intentional conduct.

The extreme unfairness of this law is illustrated by a recent incident occurring at a VA hospital in Missouri. The VA hospital is under fire because it may have exposed more than 1,800 veterans to life-threatening diseases such as hepatitis and HIV.

Anyone who spends time in the mountains of Georgia or North Carolina knows that the summer motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.
Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver’s make mistakes that cause serious injuries. A Georgia man lost his foot as a result of an inattentive driver who ran a traffic light; a North Carolina man lost his life when a tractor-trailer turned left into his right of way; and a Florida man suffered a traumatic brain injury when the defendant driver ran a red light. The fact is that there is no way to completely eliminate the risk, even for the most skilled bikers but staying alert and ride defensively can help.

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When a claim is asserted against the United States government, the claim is based on the alleged liability of the United States in accordance with the law of the place where the negligent act or omission occurred. As an example, if a postal truck runs over someone in the State of Georgia, the laws of the State of Georgia will control whether the acts of the postal carrier driver were negligent. The liability of the United States as stated in other entries is the same as would be the liability of a private person. If a private person runs a stop sign and injures a third party, that would be negligence per se as it would violate a Georgia Uniform Rule of the Road statute. Similarly, if postal truck runs the stop sign, this would be negligence per se under Georgia law which state law would control the liability of the United States. Because Federal Tort claims against the United States are controlled by local laws of liability, the injured claimant should confer with counsel where the tort occurred. If the claimant lives in a district other than where the tort occurred, the case can still be filed in the district of residence but the law where the tort occurred will control the case.

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. A few months ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was hit broadside in an intersection by a doctor who ran a red light in her SUV. Although the motorcycle was not demolished, the injuries were devastating. As a result of the injuries he sustained, doctors had to amputate several toes and part of his foot. In this case and most others, the motorcycle rider was obeying the law and did nothing to cause or contribute to the collision.

Motorcycles are by their very nature far less crash worthy than closed vehicles and crashes frequently result in catastrophic injuries or death. They are also less visible to other vehicles and pedestrians and less stable than 4-wheel vehicles. Motorcyclists and their passengers are more vulnerable to the hazards of weather and road conditions than drivers in closed vehicles. According to the DOT, 5,154 people died in motorcycle crashes in 2007 and motorcycles are 35 times more likely than passenger car occupants to die in crashes per vehicle mile driven in 2006, and 8 times more likely to be injured according to the DOT’s National Highway Traffic Safety Administration (NHTSA).
Because of the seriousness of the injuries sustained in motorcycle accidents and because many of the motorist who cause these accident are under-insured, Georgia lawyers need to be creative when representing riders. It is imperative that the victim’s attorney examine all potential avenues of recovery so that the client can be fully compensated. Other areas to review include failure of the motorcycle’s mechanical systems, failure of other motorcyclists to observe the motorcyclist, failure maintain the roadway and debris on the roadway from trucks, including tire tread separation.
If you or a loved one have been injured in an automobile accident, truck accident or motorcycle accident, consult the Georgia injury lawyers at Finch McCranie, LLP. Our firm has been representing personal injury victims for over 45 years.

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Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside of a parked semi-trailer and explode. We have also seen cases involving injured textile workers scalded by hot water in dye vats. Recently we represented a homeowner whose home exploded after a local propane supplier negligently filled a residential propane tank.
In most serious cases, experts in many different areas are often necessary in assisting burn victims and their families deal with the long term physical and psychological affects of these painful and debilitating injuries.
Our firm understands that your immediate concerns include getting your medical bills paid, limiting potential lost wages, and ensuring insurance coverage for future treatment of your injury. Our experienced attorneys will assess your situation and discuss all the options available to you, as well as work with insurance companies and other involved parties to ensure your needs are quicky and appropriately addressed. We will work to protect your legal rights and pursue rightful compensation for long term medical bills, lost wages, disfigurement, pain and suffering, emotional distress, mental anguish, and lost enjoyment of life. If you or a loved one have experienced a burn injury, the experienced Georgia injury lawyers at Finch McCranie, LLP (800-228-9159) for a free consultation to discuss your legal options.