Intersection Automobile Accident - $450,000.00

Jurisdiction: State Court of Putnam County

Willie F. Walker
v.
James G. Parker

Liability Facts: This collision occurred on Tuesday, November 16, 2010 at approximately 4:46 p.m. on Highway 441 north at its intersection with Oak Street/US 129 south, inside the city limits of Eatonton in Putnam County, Georgia. Our client, Mr. Willie F. Walker, driving a 2010 Toyota “Corolla”, was traveling westbound on Highway 129. Mr. Walker had a green arrow as he began to make a left hand turn onto Highway 441 south. The Defendant, Mr. James G. Parker, driving a 2010 Chevrolet “Express” van, was traveling northbound on Highway 441. Suddenly and without any warning whatsoever, Mr. Parker ran the red light at the intersection of Highway 441 and Highway 129/Oak Street and he crashed into the drivers side of Mr. Walker’s vehicle. The force of this impact caused Mr. Walker’s vehicle to skid toward another car which was sitting at the intersection. Mr. Walker’s car narrowly missed sliding into that vehicle. Officer Adams of the Eatonton Police Department was the first officer to arrive at the accident scene. Officer Adams investigated the collision site and he talked with both drivers and several witnesses prior to determining that Mr. James G. Parker, ran the red light and caused this collision.

At the scene of the accident your Mr. James G. Parker, was issued a citation for “Failure To Obey A Red Light”. January 13, 2011 Mr. Parker suffered a bond forfeiture in the amount of $91.00 in connection with the aforementioned offense. A recent Georgia Court of Appeals case has held that a bond forfeiture is an admission of guilt. “Where a defendant cited for a traffic violation posts a cash bond according to the schedule set up by court order and fails to appear in court at the term of court and on the day set in the original citation and complaint, then and in that event, such failure shall be construed as an admission of guilt and the cash bond shall be forfeited “Cannon, et al. v. Street, et al.” 220 Ga. App. 212 (1996). Therefore, this fact would be admissible against Mr. Parker in a civil trial as an admission of guilt on the issue of liability. See “Thompson v. Hill, et al.” 143 Ga. App. 272. We are enclosing a copy of the disposition of the court, marked Exhibit “B”, for your review and consideration.

As noted on the accident report, both vehicles sustained extensive damages as a result of this accident and they had to be towed away from the collision site. Mr. Walker’s vehicle was later deemed to be a total loss.

Injuries: Mr. Walker was transported by ambulance to the Putnam County Hospital and later transferred to the Medical Center in Macon. The initial x-rays and CT scans revealed the following results:

  1. A displaced comminuted fracture of the distal shaft of the left clavicle;
  2. Left knee joint effusion;
  3. A comminuted infra-articular fracture of the lateral left tibial plateau with corresponding large knee joint effusion. Possible fragmented or fractured spurs at the superior and inferior poles of the right patella;
  4. Developing infectious airspace disease;
  5. A right pleural effusion;
  6. Multiple rib fractures; and
  7. A possible pulmonary embolism.

After fifteen (15) days of intense hospitalization, on December 1, 2010 Mr. Walker was discharged from Medical Center of Central Georgia located in Macon, Georgia. Mr. Walker was taken to Eatonton Health & Rehabilitation, where he underwent aftercare treatment and rehabilitation for his knee fracture and clavicle fracture. Mr. Walker was admitted to Eatonton Health & Rehabilitation on December 10, 2010 and he was discharged home on March 2, 2011.

Medicals: $147,000.00

Attorney: Robert A. Falanga

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