Personal Injury & Wrongful Death

In An Accident While Traveling Out Of Town: What Law Controls?

We are often called by clients who have traveled through the Atlanta area only to be the unfortunate victim of a third party’s negligence. Calls usually come from those in car accidents or tractor-trailer collisions. Sometimes a slip and fall is involved or a defective product. These innocent persons sometimes are hospitalized following the incident in Georgia and then sent back to their home states for follow up treatment. When they reach out to an attorney the usually are being overwhelmed with medical
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Wrongful Death Cases: Who Has The Claim?

It is not unusual for our firm to be contacted by family members who are bereaved over the death of a close family relative. Oftentimes the individual is killed through the negligence of a third party and the family member simply wants to understand the law that pertains to the claim. Sometimes, however, family members can get in an argument among themselves as to who has the right to pursue the claim for the wrongful death. While Georgia, like many states, has a statutory scheme
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Structured Settlements In Serious Injury Cases

In any serious injury case involving permanent or lifetime injuries, careful consideration should be given to whether a structured settlement should be part of any settlement of such a case. A structured settlement agreement is a device whereby if the overall lump sum amount can be agreed upon, a certain percentage of it can be set aside and invested in an annuity that will pay benefits over the victim’s lifetime, usually on a monthly basis. Such benefits are extremely important for people who are disabled because it provides them a safety net and allows them to pay rent and other necessary living expenses as they grow older. Particularly in those cases where a victim is incapacitated and unable to work, a structured settlement agreement can provide a lifetime of revenue for necessary living expenses.
One of the main advantages of a structured settlement agreement is that the benefits are not taxable. As an example, if someone were to settle a personal injury case for $500,000.00 and allocate $200,000.00 for a structured settlement annuity, any benefits generated from the structured settlement annuity would be non-taxable. However, if the settling individual were to receive the entire amount in cash and then invested a portion of the money and made the same monthly interest, taxes would have to be paid on the interest earned, assuming that there was enough income otherwise generated to be subject to taxation.

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Hospital And Medical Liens: What Should A Victim Do?

In a serious injury case the victim is usually overwhelmed with medical expenses, lost wages, terrible pain and suffering, and a total disruption in their personal, family and home life. If they are fortunate enough to have good counsel and they are fortunate enough to get a good settlement from the third party responsible for inflicting the injuries upon them, it will not be uncommon for such a victim to have to deal with a host of medical lien issues. The most common medical liens
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Implantable Defibrillators Frequently Used In Inappropriate Cases

More than 20% of patients who received an implantable cardioverter-defibrillator — a high-tech device that produces electrical impulses to regulate heartbeats and prevent life-threatening arrhythmias — in recent years were not good candidates to receive the device, a new study suggests.
Researchers at Duke University looked at more than 111,000 patients who received ICD implants between 2006 and 2009. More than 25,000 of those patients did not meet evidence-based criteria for receiving the device, according to the study.
The risk of dying in the hospital
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Inhalers Recalled Due To Mislabeling

The Food and Drug Administration is also concerned that hospital, med-center and emergency patients may be given the higher dose, as correctly labeled outer packaging is generally discarded.
Health care providers seeing only the mislabeled bottle would be very likely to give the wrong dose, especially since the two solution strengths are distilled in equal sized bottles. The .05 mg/3 ml bottles look just like the 2.5 mg./ 3 ml bottles. Only the strength differs.
Albuterol Sulfate Inhalation is sold in single use dosage bottles,
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Subrogation Claims In Personal Injury Cases

In car accidents, tractor-trailer accidents, medical malpractice or other serious injury cases, in the event a settlement is reached, there is always the possibility of a subrogation claim being asserted by a third party against the settlement proceeds. Subrogation claims are usually claims held by insurance carriers that have paid medical benefits. The victim who was injured by the negligent truck driver, for example, may have incurred hundreds of thousands in medical bills for expensive surgery. If a third party health insurance carrier pays these
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Food-Borne Safety Bill Signed But in Trouble

Each year, according to the most recent Centers for Disease Control and Prevention estimates, 48 million people, that is one in six Americans, are sickened by food-borne illnesses. Of those, 180,000 are hospitalized and 3,000 die.
The first major overhaul of the nation’s food-safety infrastructure since 1938 was signed into law yesterday by President Obama.
The Food Safety Modernization Act moves the Food and Drug Administration (FDA) away from its early-20th-century role of responding to adulterated food to a more modern one of requiring companies
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Electric Adjustable Beds Singled Out For Dangers

Electric adjustable beds have been singled out for causing serious injuries and death. Yesterday, the Food and Drug Administration issued a warning to Invacare Corp. for failing to report and address malfunctions with its electric beds, including electronics that allegedly caught on fire causing injury and death.
The FDA posted a warning letter to the Ohio-based company Tuesday morning. Invacare makes a variety of medical equipment, including wheelchairs, oxygen tanks and electric beds.
In its Dec. 15 warning letter, the FDA said the company
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Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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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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