Posted On: June 29, 2009

Highway and Road Defects - Who Is Liable?

Georgia injury lawyers know that many times automobile accidents and tractor trailer truck accidents result from defects in either the design of a roadway or the existing dangerous condition of a roadway. This is particularly true if the roadway is under construction. Last week in Georgia, it was reported that a woman driving southbound on Interstate I-85 near Newnan, Georgia got a wheel off the edge of the pavement resulting in her losing control of her vehicle, crossing the highway median and hitting a tractor-trailer rig head-on. Sadly, the accident resulted in the woman’s death. Depending on the facts, the Georgia Dept of Transportation can be held liable for highway defects which cause injury of death.

The LA Times recently reported that a jury has ruled that the California Department of Transportation was partially negligent in a crash that killed two teenagers. According to the lawsuit, the agency knew that the rolling mountain road was unsafe prior to the accident. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.

The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

Posted On: June 24, 2009

Tractor-Trailer Accidents and Driver Fatigue

A 70-year old north Georgia man burned to death Saturday after his tractor-trailer left the roadway and caught on fire. Rescue workers attempted to pull the man from the burning truck but were unable to do so in time to save him. Authorities did not know why the truck ran off of Interstate 85 and did not know whether the driver fell asleep .

Many tractor-trailer accidents are caused by a driver’s inattentiveness or fatigue resulting from the operation of a tractor-trailer for an excessive amount of time. Federal regulations prohibit a trucking company from allowing a driver to operate a tractor-trailer while the driver’s ability or alertness is impaired by fatigue, illness, or any other cause which would make it unsafe for the driver to operate the vehicle. These regulations also prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of his work status. Georgia lawyers who handle serious personal injury and wrongful death cases against tractor-trailer companies know that a complete investigation of such a case involves the careful scrutiny of these log books.

If you or a loved one have been involved in an automobile accident or a tractor-trailer accident, consult the Georgia injury lawyers at Finch McCranie, LLP who have been handling serious injury and wrongful deaths for over 40 years.

Posted On: June 22, 2009

Tractor Trailer Accidents and Driver Fatigue

Georgia citizens continue to suffer serious injuries and death in ever increasing numbers on a stretch of Interstate 85 near Newnan, Georgia. Most of these accidents involve tractor-trailers. According to authorities today, one person was killed and another person seriously injured on Monday afternoon in an accident on the northbound side of Interstate 85. Shortly after the initial fatal accident, a second major accident with injuries occurred when a northbound tractor-trailer rear-ended another that had stopped for the first wreck. Many of these accidents have occurred as a result of dangerous conditions existing upon the roadway which has been under construction for at least the last two years. The Georgia injury lawyers at Finch McCranie, LLP currently represent the family of an individual in a wrongful death case that resulted from vehicles hydroplaning on that stretch of road. The three most common reasons for hydroplaning are speed, condition of tires and excessive water on the roadway.

The Georgia injury lawyers at Finch McCranie, LLP have been handling serious injury and wrongful death cases for over 40 years. If you or a loved one has been seriously injured as a result of the negligence of someone else, call us for a free consultation.

Posted On: June 13, 2009

Tire Failure Ruling Defeats Manufacturer's Attempt To Conceal Documents

Our Atlanta lawyers recently completed a case involving a tire failure on a truck.. This past Tuesday, in a case being watched nationwide by product-liability attorneys, the 10th U.S. Circuit Court of Appeals upheld a lower court a ruling that allows a wide-ranging review of Cooper Rubber & Tire Co. records.

The case in which the ruling was issued, involves Cooper made the tires on a Chrysler 15-passenger van, which rolled several times after the left rear tire blew as Utah State University students were headed back to campus from a field trip in northern Utah's Box Elder County. Eight students and an instructor died in the Sept. 26, 2005, crash, and two students survived with severe injuries.

The survivors and the families of all but the instructor and another student are plaintiffs in the federal lawsuit, filed a year after the accident. The families settled their claims last year against DaimlerChrysler Corp., the maker of the van.

The lawsuit alleges that Cooper Tire knew the design and manufacture of its tires were faulty and did not fix the problems. The plaintiffs’ attorneys wanted to see documents pertaining to the design and manufacture of similar Cooper Tires.

A United States Magistrate Judge initially ordered that Cooper Tire afford wide access to company documents requested by lawyers for the victims of the crash and their families. His ruling was later affirmed by the United States District Court. Cooper Tire then appealed the order and argued at a hearing last year before the Denver-based 10th Circuit that it would require the company to divulge trade secrets and other proprietary information.

The appeals court rejected Cooper’s argument that the order was too broad. The lawsuit, brought in U.S. District Court in Utah a year after the accident, had been stalled for 15 months while the 10th Circuit Court of Appeals considered Cooper Tire's appeal.