Personal Injury

Georgia Should Ban Cell Phone Use While Driving

On July 1 of this year the state of California provided a great example for the state of Georgia in prohibiting by law drivers in California from holding a phone and talking while driving. Under the new law, a driver is prohibited from talking on a hand held cell phone while driving. Blue tooth handless cell use is permitted. There is also an exception for emergencies under this new law, however, obviously, the law is intended to promote safety awareness by drivers who are oftentimes
(more…)

Deaths Linked to Contaminated Heparin

According to an Article in The Chicago Tribune, the Food and Drug Administration conclusively has linked 3 patient deaths to a foreign substance found in specific lots of Heparin, a drug manufactured by Baxter International. According to the news report, the FDA completed its review of 93 reports of deaths related to Heparin that were received from January through the end of March, a period when there was a huge spike in the potentially deadly allergic reactions from patients who had been injected with this
(more…)

Allstate Bad Faith

Allstate Insurance Company is known by plaintiff’s attorneys for engaging in bad faith tactics. Last week, the Missouri Court of Appeals upheld a jury verdict that hit Allstate with more than $16 million in damages for bad faith tactics.
On March 24, 2000, Wayne Davis Jr., while drunk, drove his truck across the center line of a roadway and hit a compact car head-on. The force of the collision pushed the car back more than 100 feet. The driver and the passenger survived but suffered
(more…)

Dangerous Tires Threaten The Public

According to the National Highway Traffic and Safety Administration, last summer, more than 380,000 defective tires were recalled from the market. What is more troubling than this number is the fact that experts agree that less than 20% of the public was aware of the recalls involved. Accordingly, 80% of the defective tires are still being used and are probably on the roads today. In short, recall notices are rarely received and thus the entire public remains at risk as a result of the continued
(more…)

The Wreckage Of A Wrongful Death Case: More Than Meets The Eye

On April 30 of this year on a busy interstate here in Atlanta, a Ms. Katherine Armstrong was killed when involved in a collision with an armored truck on a busy interstate highway in Atlanta. The driver of the truck was later charged with vehicular homicide. Ms. Armstrong was cleared of any wrongdoing. Based on what we have learned about this tragic incident, however, the emotional, psychological, physical and monetary damage caused by this wrongful death incident does not stop with the death itself but
(more…)

Accident Data To Be Released To The Public

In a major victory for consumers, the U.S. Court of Appeals for the District of Columbia ruled last week that information that automobile and tire manufacturers submit to the government about crashes resulting in death, injury and property damage is subject to release to the public under the Freedom of Information Act (FOIA).
The case was brought by the public interest consumer group Public Citizen. In its ruling the Court rejected the argument of the Rubber Manufacturers Association that it is exempt from FOIA’s disclosure
(more…)

Trasylol Removed From The Market:Suspected in Hundreds of Deaths

On May 14, 2008, the manufacturer of Trasylol officially pulled all remaining supplies of the blood clotting drug from the market. This drug, manufactured by Bayer (AG) is typically used by surgeons to control bleeding during heart surgery. Unfortunately, in a major study published in the New England Journal of Medicine, it was reported that the use of this drug significantly raised the risk of death for patients who used this product as opposed to other similar products on the market. A study conducted by
(more…)

The Complications Of A Serious Personal Injury Claim

Every serious injury claim our firm handles has its own set of complications, but one of the most complicating facts we are often confronted with is the case where someone is seriously injured in an automobile or tractor-trailer collision and they have no health insurance. Indeed, regardless of the type of claim, whether it be a slip and fall, a products liability claim, medical malpractice or any other tort case, the lack of available health insurance oftentimes severely compromises our ability to obtain justice for our clients. This also severely compromises the ability of the injured individual to obtain the necessary care to improve their health. While we often read in the paper about the crisis of our healthcare delivery system when it comes to poor and the indigent, we see this crises every day in our practice when innocent victim/clients who are suffering are unable to afford needed healthcare.

(more…)

Georgia Bicycling Laws

In addition to the bicycle laws already covered in past blogs, there are a few others with which all bike riders should be familiar.
One makes it unlawful for any person to sell a new bicycle or pedal unless the pedals on the bike or the pedal is equipped with a reflector of a type approved by the Department of Public Safety. The reflector must be situated so as to be visible from the front and rear of the bike during darkness from a distance
(more…)

Beware Medical Credit Cards

Many doctors and dentists are marketing medical credit cards to their patients. Doctors like the cards because they get paid immediately from the credit card companies rather than spending time collecting medical bills. Doctors and other health care providers are pushing the cards even in cases where the patient needs emergency care and may not be in a position to refuse the card or to intelligently make a proper financial decision.
Consumer lawyers report they are seeing a growing number of cases where patients say
(more…)

Motorcycle Accident Results In Death Of Georgia Man

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
(more…)

More Dangerous Cribs Recalled

Another dangerous product recall by Federal Regulators last Thursday may signal the end of drop-side cribs that most of us have known and used for decades. According to an article by the Chicago Tribune, the Feds recalled another two million drop-side cribs. The moveable sides that raise and lower, making it easier to access babies have repeatedly malfunctioned leading to numerous tragedies around the country. The problem with these cribs is that when the sides separate from the crib, babies’ bodies can slip into the resulting gap. Their heads can get trapped and they have been known to hang to death or suffocate. According to the U.S. Consumer Product Safety Commission, at least 32 children died when their drop-side cribs malfunctioned and another 14 babies’ deaths may be linked to these cribs.
According to the article, more than 250 consumers have reported that the side rails failed on these cribs which were manufactured between 2000 and 2009.

(more…)

Employer Liability For Company Cars Involved In Accidents

“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.

(more…)

Lithium Battery Cells Endanger Children

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
(more…)

Georgia Cracking Down On Repeat DUI Offenders

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.

(more…)

Georgia Automobile Accident Results In Death Of Teenager

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.

(more…)

The Federal Tort Claims Act: Attorney’s Fees And Costs

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
(more…)

Georgia Patients Denied Recovery For Medical Malpractice

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
(more…)

The Summer Motorcycle Season Has Begun In Georgia

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.

(more…)

The Federal Tort Claims Act: Determining The Law Of Liability

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
(more…)

Secret Link