Georgia Truck Accident Lawyers Blog

The Georgia Injury lawyers at Finch McCranie, LLP have seen many automobile accidents and tractor trailer accidents which have left victims with a diagnosis of traumatic brain injury (TBI). Some clients have suffered from major, catastrophic brain injury while others have what would be considered as mild TBI. The signs and symptoms of a TBI can be subtle. Symptoms of a TBI may not appear until days or weeks following the injury or may even be missed as people may look fine even thought they may act or feel differently. The following are some common signs and symptoms of a TBI:

Headache or neck pain that do not go away;
Difficulty remembering, concentrating, or making decisions;
Slowness in thinking, speaking, acting, or reading;
Getting lost or easily confused;
Feeling tired all of the time, having no energy or motivation;
Mood changes (feeling sad or angry for no reason);
Changes in sleep patterns (sleeping a lot more or having a hard time sleeping); Lightheadedness, dizziness, or loss of balance;
Urge to vomit (nausea);
Increased sensitivity to lights, sounds, or distractions;
Blurred vision or eyes that tire easily;
Loss of sense of smell or taste; and
Ringing in the ears.

If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

Regrettably, here in our office, we have handled many serious personal injury cases involving traumatic amputations, usually arising in the context of a bad car accident or tractor-trailer collision. Just this past week, we settled a case involving a young man who lost his foot. Not long ago we settled a automobile accident case involving a gentleman who lost his leg. In both cases, we were reminded just how traumatic these cases can be for the innocent victims of the negligence of third parties. Suffice it to say, such injuries have life altering consequences that are permanent in nature, both physically and psychologically. The good news is that many of these clients can through modern medical treatment go on to live full and happy lives. For some, however, the road to recovery is a very long one.

One of the issues one must deal with in these cases is the need for a prosthetic device which will have to be replaced many times over time. Most prosthetic devices only last for a few years and have to be refitted or replaced. These devices many times are hand made and custom fitted and are very expensive. Thus, when analyzing the needs of such a client over the course of his or her life, one has to take into consideration how many different prostheses will be needed to address the client’s needs into the future. Of course, any time any one loses a limb, particularly a leg, there can be collateral consequences to the rest of the body. If one loses a right leg then the left leg has much more strain on it as does the back and the entire body. This can result in other problems for the client in addition to the amputation. Moreover, as discussed above, there is also the problem of psychological adjustment to these very serious injuries. One’s self image obviously can be greatly affected and depending on the makeup of the individual, either the adjustment is a good one, that is the client does adjust, or a bad one, that is that they simply cannot adjust to the lifestyle change and the overall change in their life.

A traumatic amputation case not only effects one physically and mentally but can result in profound consequences for one’s career. If one’s occupation involves a great deal of manual labor, obviously, the consequences of such an injury can be devastating. Climbing ladders, stooping, bending, lifting, all of these activities which so many of us take for granted can be greatly affected by a traumatic limb amputation.

Our experience handling these cases has indicated that one must be extremely cautious in trying to assess the needs of such clients. Professionals have to be consulted with respect to the future costs of prosthetic devices, the future costs of medical care, the likely consequences of the injury on other parts of the body and an assessment of the economic impact of the injury as it pertains to the client’s occupation. Great care and attention to all of these matters must be observed if the client’s interests are to be effectively represented.

Interstate trucking companies are governed by the safety regulations found at 49 C.F.R. §§ 300 through 399. Trucks engaged solely in intrastate commerce are governed by the corresponding rules in each state’s regulatory Code. Many states, such as Georgia, have adopted the Federal Motor Carrier Safety Regulations as part of its Code, thus, in Georgia at least, state and federal regulations governing the operation of large trucks are very similar. In one respect, the federal code, however, is superior because the Code of Regulations requires employers to adhere to numerous requirements before a truck driver may be hired. Significantly, the Code of Federal Regulations also requires that all records concerning drivers hired to operate trucks must be maintained by that carrier or the employer for a minimum of three (3) years thereafter.

Before a driver can be allowed to operate a truck in interstate commerce, the carrier/employer must administer and the driver must pass a written test about the Federal Motor Carrier Safety Regulations and a road test demonstrating competency. Significantly, a trucking company must also check the driver’s records for the past three (3) years in every state in which the driver held a license. The carrier/employer must contact prior employers for the previous three (3) years and ask about the applicant’s employment status and quality of work. In additional, federal law requires pre-employment, post-accident and random drug testing of drivers.

Failure to comply with state and federal regulations with respect to the duties of carrier/employers to monitor the competency of their drivers can create a claim against the trucking company for negligent hiring and retention of an incompetent driver. If a driver fails a drug test, has a poor safety record or otherwise has not fulfilled his or her duties under the Federal Motor Carrier Safety Regulations and/or if the employer has similarly failed to fulfill its safety duties, then in that event, a claimant can bring a claim against a motor carrier in which it is alleged that the employer/carrier negligently hired and/or retained the services of an incompetent, unqualified driver.

It may be possible in some of these cases to bring a claim for punitive damages if the driver is disqualified from operating a motor vehicle due to violations of safety regulations but nonetheless is still allowed to operate a commercial vehicle. Additionally, if the trucking company fails to conduct an adequate pre-employment screening background or otherwise fulfill their pre-employment safety duties, a claim for punitive damages can be brought as such conduct establishes a disregard for public safety justifying such additional damages.

Recently, we had a client whose vehicle was rear-ended at a high rate of speed. She immediately began to experience visual problem, including double vision which lasted for about two weeks. Many people involved in a serious automobile accident experience the same symptoms which is a classic sign of a traumatic brain injury. A person who has suffered a traumatic brain injury (TBI) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a traumatic brain injury and should not be ignored. Competent medical providers and rehabilitation specialists should immediately recognize the significance of post trauma visual problems and treat their patients in conformity with new TBI treatment guidelines. If you or a loved one has sustained a traumatic brain injury as a result of an automobile or trucking accident, call the professional Georgia injury lawyers at Finch McCranie, LLP.

Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

A trucker was fired recently when he refused his boss's instructions to drive longer hours than the Federal Motor Carrier Safety Regulations (FMCSR) allow, and to falsify his log books. He came to my friend's office today to ask for legal help.

I passed along that there is a federal law that is designed to protect honest truckers, who refuse to break the law by violating the FMCSR. Our firm's truck accident lawyers regularly have wrongful death and serious personal cases involving the devastation that can result from a tired trucker who causes a tractor-trailer accident, so we hope truckers use the law to protect all of the public:

49 U.S.C. § 31105. Employee protections

(a) Prohibitions.—

(1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because—

(A) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or

(B) the employee refuses to operate a vehicle because—

(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety or health; or

(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s unsafe condition.

Continue reading " Illegal Trucking--Truckers Who Refuse to Violate Safety Regulations (FMCSR) Prevent Trucking Accidents " »

As Georgia injury lawyers we, at Finch McCranie, LLP, often see victims of automobile accidents and trucking accidents who sustain trauma to the head. The care they get in the minutes and hours following can be crucial to their recovery. Often important signs of mild traumatic brain injury (TBI) are overlooked. Recently the American College of Emergency Physicians in collaboration with the Centers for Disease Control and Prevention (CDC) revised the clinical guidelines for mild brain injuries. Those new guidelines are expected to lead to better patient outcomes for the more than one million patients who visit the emergency department every year for traumatic brain injury or concussion. It is well know by qualified medical professionals that people with traumatic brain injuries may appear to be normal and their symptoms may be mild but there can be hidden dangers. TBI’s can also lead to significant, life-long impairments that prevent a person’s ability to function both physically and mentally. The revised guidelines are designed to help insure that patients even with mild TBI’s are identified early and receive the care they need.

The Federal Motor Carrier Safety Regulations specify that commercial truck drivers must use “extreme caution” in hazardous weather conditions. Like many other states, Georgia’s Commercial Drivers Manual provides that truckers should slow down as much as one-third (1/3) of their normal and customary speed during hazardous conditions. There are good reasons for these regulations. Indeed, in an analysis of large truck crash collisions conducted in 2007, the Federal Motor Carrier Safety Administration determined that 23% of all tractor-trailer collisions involved truckers who were driving too fast for conditions.

Common sense indicates that it takes longer to stop a large tractor-trailer than it does an automobile. Automobiles average several thousand pounds in weight whereas some tractor trailers can average on 80,000 pounds with their loads. If there is a collision, it is going to be bad because of the disparity in the weights of vehicles typically involved in collisions with these big rigs. As is always the case with commercial trucks in general, safety is the operative term that must be paramount, not only for the truck drivers and their employers but also for the motoring public.

Truck drivers in Georgia and elsewhere that do not exercise extreme caution during adverse weather conditions are endangering every single person on the road. Drivers who continue to travel at high speeds during rain, sleet or snow are acting recklessly and are violating their mandatory safety duties and obligations. If a collision results from a driver’s failure to exercise extreme caution during adverse weather conditions, not only should liability be imposed against the driver and his employer, but punitive damages would be appropriate to deter the company from allowing its drivers to engage in such reckless conduct.

Continue reading " Georgia Truck Drivers Must Exercise Extreme Caution In Bad Weather " »