Head On Automobile Collision - $1,250,000.00

Jurisdiction: Superior Court of Greene County

Liability Facts: This unnecessary and deadly automobile collision occurred at approximately 3:03 p.m. on Thursday, July 3, 2008, the day before the July 4th holiday weekend, on Linger Longer Road near its intersection with Old Salem Road in Greene County, Georgia. On this particular Thursday afternoon, our client was traveling back to his place of employment wherein he would be wrapping up his work day, actually his work week, in order to go home and spend a much deserved long holiday weekend with his wife and children.

Our client, driving a 2008 Toyota “Tacoma”, was traveling northbound on Linger Longer Road at an approximate speed of forty five (45) miles per hour, which is the posted speed limit on this stretch of roadway. At the same time and place, the at fault driver, driving a 2007 Chevrolet “Silverado 1500" pickup truck, was traveling southbound on Linger Longer Road. As the at fault driver was approaching the stretch of roadway wherein our client was traveling, suddenly, and without any warning, the at fault driver’s vehicle, which was traveling faster than the posted speed limit, entered into our client’s lane of travel and struck our client’s vehicle head on with such force that it was forced backwards (southbound) for approximately forty eight (48) feet prior to striking a large metal and concrete Reynolds Plantation sign.

The Georgia State Patrol was summoned and Trooper R. W. Thacker arrived at the accident scene to investigate this collision. Based on the physical evidence along with the statements made by witnesses, it was determined that this automobile accident was a direct result of the negligence of the at fault driver when he failed to maintain his lane of travel due to “driver condition” while speeding. According to Trooper Thacker, the at fault driver apparently fell asleep while driving down the roadway.

It was noted on the accident report that both vehicles had to be towed away from the accident scene. In fact, due to the severe damage to each vehicle, equipment had to be utilized to remove our client from his vehicle. As a result of this fatal collision, Sgt. James Wicker with the Georgia State Patrol did an additional investigation which included completing a Step Unit (SCRT) Report. This investigation also consisted of speaking with witnesses to this collision and retrieving the “black box” unit from the at fault driver’s vehicle. Sgt. Wicker latter stated that from the black box unit retrieved from the at fault driver’s vehicle, it revealed that the at fault driver was traveling at a speed well in excess of the posted speed limit in addition to the fact that he never attempted to apply his brakes prior to the impact. In fact, it was determined that the at fault driver was speeding up driving from 57 m.p.h. to 60 m.p.h. during the two (2) seconds immediately prior to the head on impact.

The case was evaluated by the expert trial attorneys at the Greensboro, Georgia office of Falanga and Chalker and the following allegations of negligence were made against the at fault driver:

That the at fault driver was grossly negligent in causing this automobile head on collision and in violation of the following Georgia traffic laws:

  1. Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers (O.C.G.A. Section 40-60-50);
  2. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and going around a curve. (O.C.G.A. Section 40-6-180);
  3. Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving (O.C.G.A Section 40-6-390);
  4. Any person who, without malice aforethought, causes the death of another person through the violation of O.C.G.A. Section 40-6-390 commits the offense of homicide by vehicle (O.C.G.A Section 40-6-393); and
  5. Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of O.C.G.A. Section 40-6-390 shall be guilty of the crime of serious injury by vehicle (O.C.G.A. Section 40-6-394).

Injuries: Client initially survived the crash, was air flighted to the hospital and lived for approximately thirteen (13) days until his death. During his hospitalization he underwent several operations for his fractures and life threatening injuries.

Medicals: $198,000.00

Funeral Expenses: $10,800.00

Attorney: Robert A. Falanga

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