Tractor Trailer Accident - $750,000.00
Jurisdiction: Superior Court of Dooly County
Liability Facts: That on or about August 15, 2010, during daylight hours, on a Sunday at approximately 4:05 a.m., on a clear evening on dry pavement, our client was operating a 1991 International yellow refurbished school bus in a southerly direction on I-75 approximately .3 miles south of exit 112 in Dooly County, Georgia. At all times mentioned herein, Plaintiff (our client) was operating his vehicle in a cautious, careful and prudent manner in a lane designated for travel on the interstate highway. At the same time and location, Defendant at-fault driver was operating a 2005 Kenworth tractor trailer traveling southbound in the same lane as Plaintiff and immediately behind the Plaintiffs vehicle, when the Defendant tractor trailer driver, suddenly and without any warning, negligently and forcefully ran up upon and rammed the rear end of the Plaintiffs vehicle. The crash between the tractor trailer and the bus torpedoed Plaintiffs vehicle with such force that the Plaintiff’s vehicle left the west side of the roadway crashing into a tree on the side of the roadway. The force of the collision was so great as to cause Plaintiff to be violently thrown about the interior of the vehicle wherein his body was thrown with such force that the impact caused him to sustain immediate life threatening injuries which directly caused the Plaintiffs death.
The estate family of the deceased hired the law offices of Falanga and Chalker to file a lawsuit. The subsequent lawsuit alleged that the tractor trailer driver and the trucking company that he was working for were negligent and failed to comply with the standards of care ordinarily possessed and exercised under like conditions and similar circumstances subjecting the public and the deceased Plaintiff to an unreasonable risk of harm as follows:
- in operating their tractor trailer in a careless, reckless and unsafe manner;
- in failing to keep their tractor trailer under control;
- in failing to keep a proper lookout;
- in failing to yield the right of way;
- in failing to allow proper distance between their tractor trailer and the vehicles ahead of them in violation of O.C.G.A. § 40-6-49;
- in driving their tractor trailer too fast for the conditions then existing on the roadway in violation of O.C.G.A. § 40-6-180;
- in failing to position their tractor trailer properly with regard to the lanes of travel upon said roadway;
- in failing to observe the uniform rules of the road;
- in failing to exercise due care in violation of O.C.G.A. § 40-6-241; and,
- in operating their tractor trailer in such a manner as to constitute negligence per se.
Contested liability as to whether the Plaintiff changed lanes into the tractor trailer causing the collision or whether the tractor trailer changed lanes striking the bus.
Funeral Expenses: $1,850.00
Lost wages/earnings: $60,000.00 plus
Attorney: Robert A. Falanga