Personal Injury

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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Bicycle Accidents and Road Hazards

Earlier this year our Atlanta attorneys settled a wrongful death case involving a bicycle accident which occurred inside the city limits. In that particular case, the bicycle rider, who lost his life, became entangled with loose utility wires hanging from a utility pole near a busy intersection on Peachtree Street. The evidence established that the utility wires had been in a state of disarray for several months but had not been repaired. Unfortunately, this wrongful death case is not an isolated incident.
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Georgia Courts Do Not Favor Consumers

Georgia Court Watch is a project of Georgia Watch, a nonprofit and nonpartisan group committed to strengthening the rights of consumers in Georgia. It has recently issued its annual report on Georgia appellate courts. The reports shows that, contrary to the statements of many politicians, the Georgia Appellate judges are not activists and not overly consumer friendly.
The report analyzed the activity on payday loan, insurance coverage, medical misdiagnosis, and other significant consumer issues. The “2007 Annual Report” identifies and profiles the most noteworthy consumer-related
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The Importance of Uninsured Motorist Coverage

In our personal injury practice we are oftentimes astounded at the lack of understanding by the public of the important nature of uninsured motorist coverage. Many people do not know what uninsured motorist coverage is. Regrettably, many people learn what it is too late to benefit from such important insurance coverage.
In order to get license tags to lawfully operate a vehicle in Georgia, the motorist must have a minimum of $25,000.00 in liability insurance coverage per person, $50,000.00 per accident. What this means is
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Motorcycle Accident Result in Serious Injuries

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.

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Serious Burn Injuries In Georgia

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
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The Federal Tort Claims Act: Where To File And Who To Sue

Assuming an administrative claim is properly submitted and is denied and a lawsuit is thereafter commenced, the lawsuit must be filed in United States District Court, not in a state court. One advantage of proceeding under the Federal Tort Claims Act is that such a suit can be brought in the Federal Judicial District where the plaintiff resides or where the negligent act or omission occurred. Thus, if a person is traveling, as an example, and is hit by a postal carrier running a stop
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Dog Bite Cases In Georgia

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention.

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The Federal Tort Claims Act: No Right To A Jury Trial

Under the specific provisions of the Federal Tort Claims Act (FTCA) there is no right to a jury trial. See 28 U.S.C. § 2492. This is one of the disadvantages of suing the United States government but because the FTCA is a limited waiver of sovereign immunity, the provisions of the Act control. Simply stated, the limited waiver provisions provide that there is no right to jury trial when suing the United States government. What this means is that once the case is assigned to
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New Georgia Laws In Effect To Curb Automobile Accidents and Truck Accidents

Beginning today, several new Georgia laws intended to reduce automobile accidents, tractor trailer truck accidents and motorcycle accidents go into effect. One of these is the Texting While Driving law. Georgia drivers under the age of 18 will be charged if they talk or text on a cell phone while driving. Under this new law, all drivers, regardless of age will be charged if they write, send or read a text message, email or access the Internet while driving. If found guilty a motorist will be fined $150.00 and will be assessed 1 point on his or her driving record.

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Georgia Bicycle Accidents

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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