Archive for the ‘Personal Injury’ Category

Fatal Georgia Motorcycle Crash Underscores “Blind Spot” Negligence

Posted on August 1st, 2009 in Atlanta, Personal Injury, Safety | No Comments »

Riding a motorcycle is a lot of fun for many people, and for others, it is more than mere fun; it is a way of life. There are a number of advantages to motorcycles as a means of transportation, like fuel economy, and cost , but there are a great number of risks that go along with it as well. There is virtually no margin of error for motorcyclists because the only thing between them and the pavement is their helmet and their clothing, so they need to ride defensively and carefully. However, even the most diligent biker has no control over the people he or she is sharing the road with, and that is where much of the danger lies.

There were over 5,000 motorcycle accident fatalities in 2007 and some 103,000 injuries. Clearly, riding a motorcycle is a risky way to get around, and this statistic is especially telling: about 40% of the wrecks between motorcycles and other vehicles take place when the vehicle is making a left hand turn while the motorcycle is going straight. In these instances the driver of the other vehicle never knew that there was a bike behind them. Clearly, there are cases when the driver is not paying enough attention and has absolutely zero excuse. But due to the small width of a bike, there is also a “blind spot” to the left of the driver, who may not see a motorcycle when it is in this spot.

There was a fatal accident in Dade County, Georgia recently that underscored the danger of this phenomena. A motorcyclist, Michael Wayne Mooneyhan, found himself behind a slow moving vehicle, and he decided to pass. The driver of the vehicle made an unexpected left hand turn onto a side road as Mooneyhan was passing. His front bumper hit the bike, and Mooneyhan was thrown from his motorcycle as it went down an embankment and hit a tree. He was transported by helicopter to a trauma center in Chattanooga where he eventually died due to the injuries that he suffered in the crash.

Even though there is such a thing as a “blind spot,” drivers need to account for it by being totally aware of their surroundings before the biker enters that spot. Most of us have had the experience of suddenly realizing that there was in fact a motorcycle to their left that they didn’t see at first. This teaches you something and makes you a more defensive and aware driver when you consider what might have happened. Unfortunately, many drivers never learn that lesson, and others learn it at the expense of another.

If you have been the victim of a motorcycle accident due to the negligence of the other driver, contact the Atlanta personal injury attorney,  Bruce Hagen, at (404) 522-7553, or drop us a message through the website to schedule a consultation. There is no excuse for “not seeing” another motorist, and we will see to it that your legal interests are well represented so that you can devote your energy to getting well and putting the experience behind you.

Workers Compensation Doctors Biased Toward Insurance Company Interests

Posted on May 13th, 2009 in Big Insurance, Personal Injury | No Comments »

About half of American working people live paycheck to paycheck, so for many people, the thought of going even one week without being able to work due to an injury is a very big deal. When you are injured on the job, it is bad enough that you are in pain physically, but you also have to concern yourself with the legalities of the workers compensation system. Many people assume that if they are injured on the job, all they have to do is go to the doctor for treatment and follow doctor’s orders until they are back on their feet and cleared by the doctor to go back to work. They also assume that the system is there to serve them in this unfortunate event, and that they will receive a workers compensation check to help cover their expenses while they are recuperating. Unfortunately, this is a rather naive and unrealistic viewpoint.

The reality is that the workers compensation system in this country has been broken by insurance companies who pressure doctors to slant their findings. They finance examinations that invariably support the interests of the company at the expense of the worker. Certainly that comes as a surprise to you, right? The New York Times reports that the doctors who conduct supposedly “independent” exams are physicians who are found by, believe it or not, “brokers” who are hired by insurance companies, presumably to find doctors who understand who is buttering their bread. Some of these physicians see twenty or more injured workers who are seeking workers compensation benefits in a day. It is, apparently, a sweet gig.

A 75-year-old semi-retired Queens orthopedic surgeon, Dr. Alan Zimmerman, had this to say about the qualifications that one needs to become an independent workers compensation medical examiner:

“Basically if you haven’t murdered anyone and you have a medical license, you get certified. It’s clearly a nice way to semi-retire.”

That is, if you consistently find in favor of the insurance companies and against the interests of the injured workers. What qualities would you think the “brokers” who find these examiners for the insurance companies would be looking for?

“If you did a truly pure report, you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want…that’s the game, baby,” said Dr. Hershel Samuels, who is an independent medical examiner in New York.

If you have been injured on the job and you need to file, or have already filed, a workers compensation claim, you have an uphill battle ahead of you. A good workers compensation attorney can help you to wade through the maze and get you treatment that you need to get well and the financial assistance that you need to pay your bills until you can get back to work with a clean bill of health. Call the premier atlanta personal injury attorney today: 404-522-7553