Trucking Accidents

This is my continuation of a very interesting case from my last blog post titled, “Settlement of $ 12 Million Dollars for an Augusta, Georgia Family Man Who was Severely Brain Damaged in a Trucking Accident ~ part one.” As I discussed in my last blog post, there were many factors that finally led up to the insurance company of the Defendant’s Employer to decide to settle the case early and for an amount that was double the amount of the actual compensatory damages of the Plaintiff.

Who says that the character of your client isn’t going to make a difference in a case, or the severity of the crash scene itself as recalled by eye witnesses (who aren’t always the most credible in remembering the details as the actual scene happened) isn’t going to change the mind of the insurance company about when and for how much to settle, or whether or not the particular severity of your client’s injuries may have an impact on the final judgement of the insurance company about whether or not to settle or prepare the case for trial?

On December 4, 2010, an elderly woman, Martha Edins, was attempting to merge from the Airport Loop onto 1-285 in Georgia when she ran into a tractor-trailer that had stopped in the roadway a few minutes earlier, and Ms. Edins was killed in the collision. Edins’ adult children subsequently brought an action against the trucking company and the driver of the truck for the wrongful death of their mother.

Early this morning, it was reported that two tractor-trailers wrecked and started a blaze when one of the driver’s allegedly fell asleep at the wheel and hit another tractor-trailer that was parked on the shoulder due to mechanical issues. This accident illustrates many of the issues that I have discussed about accidents in general and about tractor-trailer accidents specifically.

A driver in Georgia who hurt his knee when he swerved to avoid pipes falling from a flat bed truck received a jury award for a total of $ 608,980. The verdict included medical expenses, plus $365,627 for lost earnings and $204,500 for pain and suffering. The case is Stepien v. Hawk Plastics, No. 2010-3856-5.

If you or a loved one have been injured or killed in any type of accident, then I am truly sorry. I understand that choosing the right attorney for your case can be daunting task. You want an attorney who understands what you are going through as well a lawyer who throughly understands the legal aspects of your case.

There is an excellent case in the Fulton County Daily Report today that illustrates why in Canton, GA, Atlanta, GA and the Entire State of Georgia the importance that certain cases should be treated as both workers’ compensation case and as Personal Injury cases and why, in a workers compensation case when there is pain and suffering and other damages not covered under workers’ compensation claims, that the workers’ compensation attorney should never agree to subrogate the personal injury insurance company that may be on the hook to make the Plaintiff whole again.