News
Michael L. Neff




Why Is A Truck Case Different From A Car Wreck?

Professional truck drivers perform an important service and help keep our nation's economy moving. I have respect for all honest, hard working people. But, some irresponsible drivers and trucking companies put the safety of everyone on the road at risk for profit.

Professional truck drivers are held to a different standard than the average driver. A tractor-trailer driver has to be physically qualified, has to pass a road test and written test, and has to follow the Federal Motor Carrier Safety Regulations.

Like it or not, motor carriers are in the safety business. By law they need to comply with the safety regulations. The Safety Regulations are designed to prevent drivers from driving when they are tired. They limit the number of hours a trucker can work until he or she has to take a break.

The truck drivers are generally paid by the mile they drive not how many hours they work. Thus, they have an incentive to lie about their work hours so they can drive more miles and make more money.

Increased competition has brought about lower costs but has put more pressure on the truck drivers to drive faster and longer. As a result, more people die in truck collisions than in all other forms of transportation combined. The number of injuries is virtually countless.

The Law Offices of Michael Lawson Neff, P.C. is aggressive in litigating major trucking injury cases

Frequently Asked Questions

Here are some questions you should have in mind if you or a loved one is involved in a collision with a truck.

Q. When should I speak to a lawyer?

A. Immediately. In serious injury cases, the major trucking companies will immediately have their lawyers and experts hired and working for them. This is critical because evidence from the scene of the wreck must be secured.

An experienced attorney will make sure that Photographs and statements must are taken as soon after the accident as possible. For example, skid marks will disappear unless photographs are immediately taken.

Many important pieces of evidence helpful to you can be lost, misplaced or be purposely destroyed. For example, some trucking companies won't save the driver's hours of service records unless they are promptly contacted by an attorney.

Q. What kind of a lawyer should I hire?

A. You should choose a lawyer who is very familiar with the Federal Motor Carrier Safety Rules and Regulations and who has the time, interest, and resources to handle a truck case. Litigation can take several years and expenses can cost tens of thousands of dollars.

Q. How will expenses be handled?

A. Consistent with the Bar Rules, The Law Offices of Michael Lawson Neff, P.C. advances all litigation costs on behalf of the client and they are deducted from the verdict or settlement after the fee has been determined.

Safety Concerns - Causes Of Truck Wrecks

Did You Know?

The Federal regulations started in some fashion in 1935. The Federal Safety Regulations apply to professional drivers because a fully loaded tractor-trailer can weigh up to 80,000 pounds. That kind of weight makes a truck is a dangerous piece of equipment. It is much more dangerous than a car.

According to the Federal Safety Regulations, the trucking company has a duty to monitor the driving record of the driver and look for problems.

Tractor trailers comprise 3% of vehicles on the road yet are involved in 21% of the fatal wrecks.

64% of truck drivers surveyed were willing to anonymously admit they falsified their hours of service logs. Falsified log books are common. Many driver's refer to their time records as "comic books".

One out of three trucks fail road side inspections.

Driver fatigue causes 30-40% of truck crashes (National Transportation Safety Board Jan. 1995)

19% of truck drivers said they fell asleep at the wheel in the previous month (NTSB 1992).

According to the National Highway Traffic Safety Administration: - 5,355 people died in 44,400 truck-related crashes in 1997; - 133,000 were injured; and - 26,000 suffered severe brain damage or loss of limb

There are plenty of honest, hard working drivers. Unfortunately, there are also greedy, selfish drivers who are acting irresponsible with your safety. If you are involved in a wreck involving a tractor trailer or construction vehicle, you need someone to fight to make sure you receive full compensation. Please contact the Law Offices of Michael L. Neff at mneff@mlnlaw.com or (404) 531-9700 so that your rights can be protected.

The Truth About The McDonald's Coffee Case

There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drive through window of a local McDonalds. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.)

Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. The sweat pants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.

During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard. McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature.

Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees. Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.

Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.

McDonalds asserted that customers buy coffee on their way to work or home, intending to consume it there. However, the company's own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.

The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonalds' coffee sales. Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful. No one will ever know the final ending to this case. The parties eventually entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned. ----- excerpted from ATLA fact sheet. ©1995, 1996 by Consumer Attorneys of California.

The Insurance Crisis

It wasn't long ago when we learned about the little guy being abused by Big Business. Have we forgotten Enron, Worldcom, Adelphia, and others have that cooked the books and cost employees and shareholders billions? This is another example of "cooked-books" accounting in which Big Business putting profits ahead of people.

They want you to believe that our jury system is a runaway train. According to the spin, Lawyers are filing frivolous lawsuits and making millions because it is easier to settle than fight. Doctors are picketing because there insurance rates have skyrocketed and they can't afford to practice medicine. But are you getting the truth?

According to information publishing in The Atlanta Journal-Constitution, August 6, 2002 Daily Briefing, primary care doctor's pay rose to $149,009 in 2001. Compensation for specialists increased to $263,254. Doctors say they have been hurt by Medicare's 5.4% reduction in reimbursements this year. Thus, most doctors are hardly starving to death. They have been affected by economic factors such as lower payments from insurance companies and Medicare as well as higher costs.

It is true that malpractice insurance rates have gone up. But is it because of lawsuits or are there other reasons? The Wall Street Journal investigated this issue on June 24, 2002. In an article written by Rachel Zimmerman and Christopher Oster, it was reported that insurance companies helped create the current "premium crisis" through a price slashing war in the early 1990s. In fact they quoted the chief executive of an malpractice insurer who stated, "I don't like to hear insurance-company executives say it's the tort system - its self-inflicted."

Insurance companies make money by taking in money, investing it, and paying out less than what they have. If insurance companies only invested in CDs and made 3% a year it wouldn't be glamorous but it would be safe. However, the insurance companies invest in stocks so they can make more money. However, the stock market has crashed the last few years and it has hurt everyone. When the insurance companies took in a $1 in 2000 and invested in the stock market, it is now worth about $.50. The insurance companies aren't alone in licking there wounds. However, unlike the insurance industry, the common citizen can't call the President and asked for the law to be changed so his expenses will be lowered.

Will insurance rates go down if tort reform is passed? There is no proof of that. The proposed law doesn't require the insurance companies to lower their rates. California passed tort reform and their average premiums are $8,000 a year higher than Georgia. It also doesn't account for the fact that doctors are still receiving less from Medicare and health care plans.

These Lawsuits are just to make lawyers rich. No one complains or seeks to limit the multi-million dollar compensation the CEOs of Big Business make. However, they do seek to cap how much a lawyer can make. Much more importantly, the National Academy of Sciences-Institute of Medicine conducted a 1997 study that found 44,000 to 98,000 Americans die each year because of medical errors in hospitals. Thousands more are critically injured because of negligence. What happens if there is less legal responsibility for mistakes? Will there be more or less mistakes? Who should pay the millions in cost of care for critically injured - the insurance companies that take in billions to insure against loss or the taxpayers?

A recent article written in Creative Loafing by John Sugg entitled "Let's reform tarts, not torts" noted that President Bush's tort reform speech last week was delivered at a Wilkes-Barre, Pa., hospital that recently settled a massive malpractice case (sticking a tube in the wrong place, causing a patient to go into a coma and die). Knowing that wouldn't help his arguments, the President banned the press from the speech.

However, the truth will come out. Will it come out in time to save the legal rights of Georgia's citizens? In West Virginia, the Legislature just completed a year-long study of tort reform, and stated, "Any limitations placed on the judicial system will have no immediate effect on the cost of liability insurance for health care providers ... Adequate and reasonable compensation to injured individuals is essential." The West Virginia report concluded: "The possibility of injury or death from negligent conduct demands that protection of the public is an important state interest."

It seems when corporations are making lots of money, they are fine. When they lose money, they blame everyone but themselves. . Proposed legislation would put a cap such as $250,000 or $500,000 on the value of someone's health. For 226 years, if a doctor cuts off the wrong leg or overdosed a patient with a drug, a jury decided what the loss was. Now, we have some leaders who think they know better. Do you wonder whether any of these leaders have stock investments in insurance companies that stand to gain by passing this law?

The truth is that Medical malpractice lawyers typically have to spend at least $10,000 for a small medical malpractice case and over $100,000 for large cases. Normally this is done without any assistance from the client. Medical Malpractice lawyers also frequently work years without any money being paid to them for their time. No recovery, no fee. When is the last time a doctor waited 2 years to get paid for what they do? What doctor agrees not to get paid if the surgery isn't successful? It doesn't happen.

Big Business is trying to sell the American Public on a bad deal and they don't care about the truth. It is adding insult to injury that our President and Big Business put such a low value on human life. Life, liberty, and the pursuit of happiness are the basic rights that we based our country on? Isn't life and the ability to enjoy it worth more than the limits that Big Business want to put on it?

What can you do about it? Contact your state and federal representatives and let them know that you oppose any modification to the civil justice system. Its worked fine for 226 years.

"An Open Letter To Orthopedic Surgeons"
Full page Advertisement by Sulzer Orthopedics
Atlanta Journal Constitution - May 20, 2001

Recently, we've all heard a about tort reform from President Bush. He wants you to believe that lawyers suing doctors on behalf of injured people is a bad thing. According to the President, "The problem of those unnecessary [medical] costs isn't in the waiting room or the operating room -- they're in the courtroom. Everybody's suing, it seems like." On May 20, 2001, Sulzer Orthopedics, Inc., what was supposed to be a "open letter" two orthopedic surgeons that had used Sulzer's "inter-Op" implant parts. Sulzer stated that during its 35 years of experience with physicians and surgeons in the field of orthopedic medicine, they were able to obtain "a keen perspective on the pride and professionalism with which the doctors served their patients.

The advertisement further states that Sulzer was aware that the doctors had dealt with a huge number of inquiries because of "the massive advertising blitz staged by the plaintiff's bar to recruit new clients."

Sulzer later states "both surgeons and patients have suffered as a result of the media frenzy created by hip recall. We take great pride in our work and every individual Sulzer has been profoundly disturbed by our manufacturing error. Believe me when I tell you that we would do anything to have known last fall what we know today."

In the last paragraph of this add Sulzer's president, Gary Sabins, cuts to the chase when he writes, "We would like to offer one final thought for the patients who have received one of the hip implants. Sulzer Orthopedics, Inc. is committed to working with all patient to defray the expenses associated with their implants, including medical expenses, lost wages, and pain and suffering. By dealing with us, the patient's needs will be addressed promptly, and they will avoid the cost of legal fees that the plaintiff's lawyers want to charge them. We encourage all patients to contact us by calling our patient assistance hotline at . . . ."

Firm's Comment: Have you heard the story of the wolf dressed in sheep's clothes? Sulzer has manufactured a defective product which has injured numerous people. It was their business to design, manufacture and sell a product that would be placed inside its customer's bodies. As a result, it had an obligation to ensure that its product was safe.

When Sulzer failed to be responsible for its actions, it criticized the media for publicizing the problem and attacked plaintiff lawyers for educating the public on their right to be compensated for their injuries. Sulzer then tried to assure people that read this advertisement that it would "defray the expenses". Sulzer had the opportunity to hold back on selling the defective product until it was absolutely sure that there were no errors. Instead, it asked for the public's trust. They state, "by dealing with us directly, the patient's needs will be addressed promptly, and they will avoid the cost of legal fees that the plaintiff lawyers want to charge them."

Note that Sulzer says nothing about how they will calculate lost wages and pain and suffering. Nor did they say that the people that deal with them directly will do as well as though that are represented by a competent attorney.

The reality of this advertisement is that if Sulzer that wanted to get the message out to orthopedic surgeons, it could have mailed or faxed letters directly to the doctors that used their product. Instead, Sulzer decided to take out full page ads in major newspapers. Most likely, their interest is much simpler and much easier to understand -saving as much money as they can by avoiding as much responsibility as they can.

Hospitals Become More Obligated To Disclose Medical Errors

On June 28, 2001, the Atlanta Journal Constitution published an article released by the Associated Press which stated that hospitals will be required to tell patients when they've been victims of medical errors. These new safety standards that took effect July 1, 2001. The new rule is the first of its kind from the Joint Commission on Accreditation of Healthcare Organizations. This non-profit group monitors nearly 5,000 hospitals nationwide.

The problems caused by errors in medical treatment are serious. In 1999, the Institute of Medicine reported that medical mistakes kill 44,000 to 98,000 hospital patients every year.

In the past, hospitals had an incentive to keep mistakes quiet in order to avoid a possible lawsuit. However, under the new guidelines, hospitals that fail to admit harmful mistakes will risk losing their accreditation.

Ironically, some research has shown that hospitals that were honest with patients about mistakes faced fewer lawsuits. Apparently, an apology and advice on what to do after the mistake would go a long way towards preventing lawsuits.

According to the article, Congressional figures show that medical errors, such as missed dosages, double dosages and dangerous mixes are believed to kill or injury 777,000 people each year.

Firm Comment: Honesty is the best policy. However, it is unlikely that all hospitals will be completely honest about every mistake. Thus, if you feel that you have been injured due to a medical error, you should seek to get your case reviewed. For additional information, see the medical malpractice article on this web site or email the firm at lawyer@mlnlaw.com.

Lawyers Face New Insurance Strategy In Soft Tissue Cases

Most people are unaware of a battle that is being fought everyday between lawyers and insurance companies. The above cited article documents the details of this important conflict.

Allstate, one of the nation's leading insurance companies for automobile insurance, has introduced a new program in which it makes low settlement offers on all injury claims involving injuries to muscles that occur in low speed crashes - even in cases of clear liability. In adopting the new policy, Allstate has relied on a computer program known as "Colossus" in order to justify the low offers. The adjuster will input information to type of injury, location of the lawsuit, and prior similar settlements into the computer and come out with a number for that type of injury.

However, the program is only accurate if all information is entered into it. If the insurance company using the program does not enter jury verdicts into the computer, the computer can only evaluate the injuries based on the people who accepted low offers. After reviewing the computer evaluation, the insurance adjuster is normally not able to negotiate above that figure. As a result, many cases that used to settle are now being taken to court. The insurance companies are sometimes spending more money on the cost of litigation than what the injured party had requested. It is believed that the insurance companies are trying to make these cases so difficult that victims and lawyers will not bother to fight for full compensation.

Firm Comment: As a result of this program, people who suffer nerve and muscle injuries that want to pursue full compensation will likely have to file a lawsuit. To see how you can best protect your rights, please see the article on automobile wrecks that is located on this web site or email.