Personal Injury & Wrongful Death

Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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Life Care Plans for the Catastrophically Injured Child

One of the many difficulties faced by attorneys who work on serious injury cases arises in the context of a catastrophic injury case involving a child. Many times, due to limitations on the extent of their medical knowledge, the doctors treating the child cannot always give an accurate prognosis for the child. Thus, it can be difficult when a child has been seriously injured to accurately predict how the injuries will manifest themselves as the child grows older. In some very sad cases, of course,
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Can a Lawyer Tell Me if Multiple Parties Are Responsible for My Accident?

Losing a loved one in an accident is devastating on every emotional, physical, and financial level.

When a tragic incident occurs because someone else acted carelessly, the surviving family is often left searching for answers: Who caused this?

Could it have been prevented?

Who is responsible?

These questions matter not only for closure but also for justice and compensation.

This is where an experienced wrongful
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How Does a Truck Accident Lawyer Figure Out Who Caused the Crash?

When a truck crash happens, everything about the scene is more complicated than a regular car accident.

Large commercial vehicles have multiple parties involved — drivers, trucking companies, maintenance crews, cargo loaders, and sometimes even manufacturers.

Because of this, figuring out who actually caused the crash requires skill, strategy, and an investigative mindset.

A truck accident lawyer steps in with a system designed to uncover the truth piece by piece.
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How Do Attorneys Handle Cases Where a Trucking Company Broke Federal Safety Laws?

Truck accidents are complicated under normal circumstances—but when a trucking company violates federal safety laws, everything changes.

These cases become high-stakes investigations requiring strategy, evidence, and deep knowledge of federal regulations.

If you suspect that a trucking company ignored safety rules, working with an experienced attorney is essential.

A skilled Atlanta truck accident lawyer knows how to trace violations, expose misconduct, and fight for the compensation you deserve.

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How Will an Attorney Help Me Recover Funeral and Financial Damages After a Wrongful Death?

Losing a loved one is one of the most emotionally challenging experiences a person can face.

When that loss occurs due to someone else’s negligence, recklessness, or intentional act, the grief is often compounded by financial burdens.

Funeral expenses, medical bills, lost income, and other financial hardships can leave families struggling both emotionally and financially.

In such cases, a Duluth Wrongful Death Attorney can play a crucial role in
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Do I Need a Lawyer for a Truck Accident or Can I Handle This Alone?

Truck accidents are often more complex than standard car accidents.

If you’ve recently been involved in a collision with a commercial vehicle, you may find yourself wondering whether you need professional legal help or if you can handle the situation alone.

Understanding the legal, financial, and medical implications of truck accidents is crucial before making this decision.

In this article, we will explore the factors that determine whether hiring a lawyer is necessary, the challenges
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How Do I Know if My Accident Qualifies for a Lawsuit?

After an accident, it is normal to feel confused, stressed, and unsure about your next steps.

You may be wondering if the accident qualifies for a lawsuit, whether you have a legal claim, and how a lawyer can help you understand your rights.

Many people hesitate to speak with an attorney because they think their accident may not be serious enough or they simply do not know how the law works.

The truth is
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When Hospitals Hide Mistakes — What Duluth Families Can Do Next

Medical care is built on trust. Patients trust hospitals to provide accurate diagnoses, safe treatment, and honest communication. 

Yet, across Georgia and the U.S., families sometimes discover that a healthcare provider has made an error — and even worse, that the hospital failed to disclose it. 

When hospitals hide mistakes, the consequences can be devastating for Duluth families already struggling to understand what went wrong.

Whether the issue involves a misdiagnosis, surgical error,
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Can a Trucking Company Be Liable for Poor Maintenance?

When a truck accident happens, one of the first questions victims ask is: Who is responsible? 

While driver errors like speeding or fatigue often play a role, another major cause lies behind the scenes—poor maintenance

Commercial trucks are massive, complicated machines that require consistent inspections, repairs, and safety checks. 

If a trucking company fails to maintain its fleet properly, devastating accidents can occur, leaving victims with serious
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Can You File a Claim Against a Third-Party Delivery Contractor?

When a delivery driver causes an accident, determining who is legally responsible can quickly become confusing. 

Many companies—Amazon, UPS, FedEx, DHL, and independent courier services—use third-party delivery contractors rather than hiring drivers directly. 

That means the driver who caused the crash may not be an employee of the company whose package they were delivering.

So, if you’re injured, can you file a claim against a third-party delivery contractor?

The short answer:

yes, in many cases you can—and often, you may be able to pursue compensation from multiple parties involved.

This guide breaks down how liability works in these cases, what evidence matters most, which parties can be held accountable, and how an Atlanta delivery truck accident lawyer can help you navigate the process.

Understanding Third-Party Delivery Contractors

Third-party delivery contractors are independent companies or self-employed drivers hired to transport packages for a larger company. 

For example:

  • An Amazon Flex driver using their own vehicle
  • A contracted delivery van delivering for FedEx
  • Local couriers hired by major retailers
  • Independent logistics companies working for national brands

Because they are not employees, the legal framework is different when they cause a crash.

Can You File a Claim Against the Driver?

Absolutely.

If the contractor-driver’s negligence caused the accident—speeding, texting, improper lane changes, or fatigue—you can file a claim directly against:

  • The driver personally
  • The delivery contracting company
  • Their commercial insurance policy

This is typically the first step in a commercial vehicle accident lawsuit because commercial policies offer higher coverage limits than personal auto insurance.

Can You File a Claim Against the Contracting Company?

Yes, and this is often where the largest compensation comes from.

A delivery contractor’s company may be liable if:

1. They failed to train or supervise their drivers

If the driver was unqualified or had a history of traffic violations, the company can be held responsible.

2. They pushed drivers to meet unrealistic deadlines

Requiring high-speed deliveries often leads to reckless behavior.

3. They failed to maintain their vehicles

Poor brakes, worn tires, or overloaded vehicles can be signs of negligence.

4. They violated federal or state trucking regulations

This can significantly strengthen your claim in a commercial vehicle accident lawsuit.

The company’s negligence can make them liable even if the driver is considered an independent contractor.

Can You File a Claim Against the Retailer or Shipping Company?

Sometimes—yes.

Although major corporations often try to avoid liability by using contractors, they may still be responsible if:

  • They set unsafe delivery expectations
  • They failed to vet the contractors
  • The contractor acted as an “agent” of the company
  • Their branding or instructions created dangerous conditions

This makes claims more complex, but it can also increase the potential value of your truck accident compensation in Atlanta.

Common Causes of Accidents Involving Delivery Contractors

These accidents often share patterns of negligence, such as:

Driver Fatigue

Rushed schedules or long hours often push contractors to keep working even when exhausted.

Distracted Driving

GPS use, scanning packages, and phone apps can distract delivery drivers.

Improper Backing or Parking

Stopping in unsafe locations or reversing without caution is extremely common for delivery drivers.

Speeding to Meet Deadlines

Cutting corners on safety often leads to crashes in busy areas.

Poor Vehicle Maintenance

Contractor vans and trucks may not receive the same oversight as corporate fleets.

Why These Claims Are More Complicated

Claims involving independent contractors can be more challenging because:

  • Companies deny responsibility by stating the driver wasn’t an employee
  • Insurance carriers often dispute coverage
  • Contractors may have lower policy limits
  • Multiple third-party companies may share liability
  • Evidence must be collected quickly before it disappears

This is where hiring an experienced delivery truck accident attorney is essential.

How an Atlanta Delivery Truck Accident Lawyer Helps

A seasoned attorney can strengthen your claim by:

1. Identifying All Liable Parties

A single accident may involve:

  • The contractor
  • The subcontractor
  • The retailer
  • The logistics coordinator
  • The driver

Each one may hold a portion of responsibility.

2. Obtaining Corporate and Electronic Evidence

This may include:

  • GPS data
  • Driver logs
  • Service records
  • Vehicle inspections
  • Delivery schedules
  • App communication between driver and company

Companies rarely release this voluntarily—your lawyer must demand it legally.

3. Negotiating With Multiple Insurance Companies

Delivery contractors may carry several types of policies, including:

  • Commercial auto insurance
  • General liability insurance
  • Umbrella policies
  • Employer liability policies

An attorney ensures you claim against every possible coverage.

4. Maximizing Compensation

With a strong legal strategy, victims can recover:

  • Medical expenses
  • Lost wages
  • Future treatment costs
  • Pain and suffering
  • Property damage
  • Wrongful death compensation

Hiring an Atlanta delivery truck accident lawyer dramatically improves your chance of receiving full and fair compensation.

What Evidence Helps You Win Your Claim?

To file a successful claim against a third-party delivery contractor, you will need:

• Police reports

Documenting fault and initial findings.

• Photos and videos

Of the scene, vehicle damage, skid marks, or injuries.

• Witness statements

Supporting your version of events.

• Electronic delivery logs

Showing driver activity before the crash.

• Vehicle inspection records

Proving poor maintenance or equipment failures.

• Black box or GPS data

Revealing speed, braking, and route history.

Swift action is crucial because companies may try to erase, hide, or “lose” electronic records if they’re not preserved quickly.

How Long Do You Have to File a Claim?

In Georgia, the statute of limitations for personal injury claims—including those involving delivery contractors—is typically two years from the date of the accident.

However, evidence may disappear long before that, so it’s best to consult a delivery truck accident attorney immediately.

When a Commercial Vehicle Accident Lawsuit Is Necessary

Most claims settle out of court.

But you may need to file a lawsuit if:

  • The company denies responsibility
  • The insurance carrier refuses fair compensation
  • Multiple parties blame each other
  • Evidence shows corporate negligence
  • Your injuries are severe or permanent

A lawsuit allows your attorney to use subpoena power to force companies to hand over critical documents.

Truck Accident Compensation in Atlanta: What to Expect

Your compensation will depend on:

  • Severity of injuries
  • Long-term disability
  • Medical needs
  • Lost income
  • Impact on your daily life
  • Evidence of negligence
  • Number of liable parties

Cases involving commercial vehicles often lead to higher settlement values because contractors and retailers typically carry larger insurance policies.

Conclusion

You can file a claim against a third-party delivery contractor—and often, you can file against multiple responsible parties. 

Because these cases are filled with legal complexities, corporate involvement, and conflicting insurance policies, working with an experienced Atlanta delivery truck accident lawyer is the strongest way to protect your rights and maximize compensation.

Whether your accident involved Amazon, FedEx, UPS, or any contracted delivery company, a skilled attorney can help you navigate the legal process, preserve critical evidence, and secure the compensation you deserve.

About Us

Finch McCranie LLP is a trial practice firm, with a long history of success. 

Founded in 1965 by Baxter Finch and Claude Ross, the firm quickly established itself as among the best plaintiffs’ personal injury firms in Georgia, with numerous notable plaintiffs’ verdicts. 

In the 60s and 70s, Baxter and Claude traveled throughout the state, trying cases regularly and cementing the firm’s reputation as one of the premier plaintiffs’ firms in Georgia.

Medication Errors in Duluth Hospitals: Who’s Really Responsible?

When a loved one is admitted to a hospital, families trust doctors and nurses to deliver the right treatment, follow proper procedures, and monitor medication carefully. 

Yet every year, patients across the United States—and right here in Duluth—suffer harm because of avoidable medication errors. 

These mistakes can lead to severe complications, lifelong injuries, or even death.

When this happens, one question arises: Who is really responsible?

Understanding liability in hospital medication
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