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Personal Injury & Wrongful Death

BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

“Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment stating the time, place and extent of the injury as nearly as practicable and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.”

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THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

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MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
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Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
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HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

The Plaintiff, Olivia Banks, alleged that her 22-year old daughter was killed as a result of a reckless disregard of police policy and procedure when City of Hampton Police Officer Jeremy Pirtle engaged in a high speed pursuit of Dwight Allen Dixon (at speeds in excess of 100 mph), allegedly because Dixon had committed a traffic violation. Dixon crashed head-on into the vehicle being driven by Grashaunda Banks as Dixon was fleeing from the officer. While there was some evidence that Dixon might also have been impaired, this evidence was disputed because the blood sample taken from Mr. Dixon (who was also killed in the collision) was lost for eight days and allegedly became contaminated before it was tested.

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PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
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PHYSICAL AND SEXUAL ASSAULT

If you are physically or sexually assaulted by another person, you can bring a personal injury claim (civil action) against them to recover payment for your medical bills, lost wages, pain, suffering, and any other financial loss that you sustained as a result of the assault. A personal injury claim is separate from any criminal proceedings that may also be underway. The criminal court can find the other person guilty or not guilty and sentence them to prison; however, in the civil action, the judge
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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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