Dump Truck Accident - $910,000.00

Jurisdiction: Superior Court of Forsyth County

Liability Facts: On Wednesday, October 21, 2009 at approximately 8:45 a.m., our client, the Plaintiff, was driving a 2001 Ford “Expedition” automobile with her eight (8) month old son seated in an infant car seat in the second row of the vehicle behind the drivers seat, traveling southbound on Highway 5 near its intersection with the Highway 372 Connector in Cherokee County, Georgia. The vehicle being operated by the Plaintiff was being driven by her in a cautious, careful and prudent manner.

At the same place and time, the Defendant (party at fault) driving a 1999 Chevrolet “C6500" commercial dump truck, was attempting to make a left hand turn from northbound Highway 5 onto the Highway 372 Connector, when suddenly and without any warning, he failed to observe the then existing traffic conditions when he failed to yield the right of way to the Plaintiff’s vehicle, therefore, the Defendant’s vehicle forcefully struck the Plaintiff’s vehicle. The violent force of this T-bone crash caused our client’s vehicle to flip over onto its passenger side trapping the Plaintiff inside the vehicle. The violent force of this impact caused the Plaintiffs, both the mother and the child, to be violently thrown about the interior of their vehicle wherein their bodies were thrown with such force that the impact caused them to sustain immediate visible and permanent physical injuries in addition to psychological injuries. The mother was air-lifted and transported by life flight from the collision scene to the hospital for her life threatening injuries.

The law offices of Falanga and Chalker alleged that the Defendant dump truck driver, just prior to and at the time of the collision, was negligent in one or more of the following ways: (a) In operating his commercial dump truck in a careless, reckless and unsafe manner; b) In failing to keep a proper lookout; c) In operating his commercial dump truck in a wilful and wanton manner; d) In operating his

commercial dump truck in a total disregard for the safety of himself and other vehicles around him; e) In failing to keep his commercial dump truck under control;

f) In operating his commercial dump truck in such a manner as to constitute negligence per se; g) In operating his commercial dump truck with a total disregard for the consequences of his actions; h) In negligently operating his commercial dump truck by failing to yield the right of way at an intersection in violation of O.C.G.A. § 40-6-70; i) In negligently operating his commercial dump truck by driving the vehicle with a reckless disregard for the safety of persons or property in violation of O.C.G.A. section 40-6-390; and, j) In failing to observe the uniform rules of the road.

Injuries: Child was checked out and released with little or no injuries. Mother was air flighted to the hospital from the automobile accident scene. At the hospital, x-rays and CT scans revealed the following results:

  1. CT Scan of the Head
    This study revealed soft tissue swelling and a hematoma (a swelling or collection of blood in a confined space within an organ or tissue, usually caused by broken blood vessels) overlying the left frontal scalp and the left periorbital region. Several densities were noted in the left high periorbital region which were perceived to be foreign bodies.
  2. CT Scan of the Face
    This study revealed left periorbital soft tissue swelling and scattered ethmoid air cell opacification (small, irregularly shaped spaces in the ethmoid bone, which is situated in the skull between the two eye sockets, at the roof of the nose).
  3. CT Scan of the Abdomen
    This study revealed a laceration of the anterior spleen along with blood surrounding the spleen and fluid around the inferior lobe of the liver.
  4. Left Femur X-rays
    These x-rays revealed a comminuted midshaft fracture of the left femur (the bone of the thigh which extends from the pelvis to the knee) with medial angulation of the fracture apex.
  5. Right Elbow X-rays
    These x-rays revealed a comminuted intra-articular fracture of the distal humerus (the bone of the upper arm, which extends from the elbow to the shoulder) involving the condylar and epicondylar surfaces.
  6. Further studies revealed a medial dislocation of the radius (the shorter of the two bones which forms the forearm, located on the thumb side of the wrist) and dislocation of the ulna (the longer of the two bones of the forearm located on the same side as the little finger).

Our client sustained severe immediate, visible injuries to numerous areas of her body, not to be limited to, but to include neck aches, back aches, shoulder aches, arm aches, knee aches, muscle strain, headaches, and numbness and weakness throughout numerous areas of her body, all causing great limitation of movement, pain and suffering. Additionally, Plaintiff was hospitalized numerous times and had undergone numerous surgical procedures for her extensive life threatening injuries.

Medicals: $235,000.00

Lost wages/earnings: $20,000.00.

Attorney: Robert A. Falanga

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