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Personal Injury & Wrongful Death

Finding a Qualified Attorney

As I ride around the City, I am amazed at the number of billboard advertisements by attorneys. Occasionally, even though I am working all day long, I also get a chance while I am in a waiting room (usually awaiting a doctor’s deposition) to watch daytime TV. When I watch the TV, I am similarly amazed at the number of lawyer advertisements on daytime television. Obviously, this leads me to consider how the average person goes about finding a qualified personal injury attorney in a
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Loss of Consortium Claims

Many of the clients we represent are married individuals. When they are seriously injured, obviously, their spouses are adversely affected. The emotional toll of caring for an injured spouse, worrying about their health and financial issues and being overwhelmed by dealing with the totality of a serious injury case can be debilitating. The spouse of the actual client may be emotionally taxed and physically burdened by increased demands and therefore entitled to compensation for their damages. The question is whether a loss of consortium claim
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Uninsured/Underinsured Motorist Coverage: Don’t Leave Home Without It

A typical case we see far too often is that where the motorist who caused the damage to our client had the minimum limits of Georgia law which provides only $25,000.00 in liability insurance coverage. Typically such a driver has little or no personal assets to satisfy an excess judgment against them. In those cases where our client’s damages (medical bills, lost wages, pain and suffering) clearly exceed the $25,000.00 in available limits, the best chance for an excess recovery is to procure uninsured/underinsured motorist
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Family Purpose Liability: Alive and Well in Georgia

In our serious injury practice we are often times confronted with cases involving the Family Purpose Doctrine. It is not unusual for one of our clients to be injured by the acts of a teenage driver. More often than not, the teenage driver is operating the automobile with the express permission of the owner of the car which are usually the parents. Under Georgia law, when a family purpose car that is furnished by the owner to a member of the family for their convenience
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Insurance Coverage for Intentional Torts

Our lawyers are often times confronted with cases where the clients complain of intentional torts committed against them. For example, we have had clients that have come in swearing that the driver that hit them did so on purpose because of some longstanding feud or vendetta. Unfortunately, if someone acts intentionally to cause harm, their insurance policy will typically provide no coverage for them. Insurance coverage is purchased to protect against negligent acts and omissions which give rise to liability to third parties. If someone
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Suing Uncle Sam Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) waives sovereign immunity only for the acts or omissions of an “employee of the government while acting within the scope of his office or employment. . .” 28 U.S.C. § 1346(b). Because it is a limited waiver of sovereign immunity, the provisions of the Federal Tort Claims Act are strictly construed and must be followed if a valid claim against the government is to be asserted under its provisions.
The provisions of the Act are found in Title 28 of the United States Code. 28 U.S..C § 1346(b); 1402(b); 2401(b); and 2671-2680. If someone is injured by the acts of a government employee, suit may not be brought against the agency or the employee but only against the United States as the named defendant. See 28 U.S.C. § 1346(b). With regard to venue, suit may be brought in the judicial district where the plaintiff resides or where the act or omission occurred. There is no right to a jury trial as all such cases are decided by United Stated District Court Judges. If a claimant is injured by the acts of a government employee. such as a postal truck driver, the liability of the United States is the same as a private individual under like circumstances but in no event shall the government be liable for interest prior to judgment or punitive damages. See Molzof v. United States, 502 U.S. 301 (1992).
We have written before about some of the unique issues associated with these claims. One of the biggest problems is the failure to timely submit written administrative claim as is required by the act. Such an ante litem notice or administrative claim must be filed within two years of the date of the accident or occurrence. A proper notice, to be sufficient under the act, must be in writing and contain sufficient information for the agency to investigate the claim. A sum certain amount for damages must be specified and the claim must be submitted in writing. A claim is deemed presented when received by the agency, not when mailed by the claimant. Denial of a claim is the day its mailed and not when received by the claimant.
If an administrative claim is denied, suit may not be filed for an amount in excess of the amount claimed administratively except when newly discovered evidence, not reasonably discoverable at the time of presenting the claim to the federal agency or upon allegation and proof of intervening facts, relating to the amount of the claim.
Once a claim is submitted to the proper federal agency, the agency has six months to investigate and adjudicate a claim and suit may not be filed during this period. The denial of a claim must be in writing and sent by registered or certified mail and must be unequivocal in denying the claim. The claimant must be informed of the right to file suit within six months in the appropriate federal district court.

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LAKE ACCIDENTS IN GEORGIA

On May 12, 2007, we wrote here about an increase in boating accidents in Georgia. We handled several such cases in 2006 and based on our experience were very aware of the peculiar dangers affiliated with recreational boating activity. Unfortunately, in yesterday’s paper, we read about 4 separate deaths which occurred in Georgia lakes over the Memorial Day weekend. Thus, even before the summer has officially begun, we have already seen tragic evidence of the dangers associated with boating.
We cannot tell from the news
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ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY
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Wrongful Death of a Child: Apportionment of Proceeds Between Divorced Parents

Anyone who has practiced law for any period of time in the area of Serious Injury Litigation unfortunately comes across cases where a child has been killed as a result of the negligent act of a third party and the cause of action resides in divorced or separated parents. These cases not only are tragic, they can be very sad and/or messy.
The law has long been in Georgia that where parents are divorced and their unmarried child dies as a result of a negligent
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More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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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.

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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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