Personal Injury & Wrongful Death

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
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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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