Truck Accident

How common are truck accidents?

There are few things more intimidating than driving past a large truck on a highway. These big tractor-trailers are an integral part of the economy, transporting over $700 billion of goods in the U.S. alone. But, we all know that a vehicle that can weigh 33,000 pounds or more can do some real damage when it impacts a car. Statistics support this. The Federal Motor Carrier Safety Administration (“FMCSA”) is the branch of Department of Transportation that oversees big rigs for the U.S. Government. The FMCSA compiles an annual report on “statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses.” These are the statistics that stand out the most, from the most recent released report in 2017: There were 4,889 truck and bus fatal accidents in 2017. There were 116,000 tractor trailer and bus accidents with injuries in 2017. The amount of truck and bus accidents with deaths or injuries has increased each year since 2009. The Insurance Institute for Highway Safety (“IIHS”) is an independent, nonprofit organization dedicated to traffic safety. IIHS analyzed the data provided by the Department of Transportation and provided some important insights. This includes that “eleven percent of all motor vehicle crash” fatalities in 2017 involved a tractor trailer. It is clear that we need to improve road safety with tractor-trailers. There are a number of ways to help. First, proper regulation is important. The FMCSA issues detailed regulations that apply to trucks. With regulations this big, improvements are always available. Second, there are a number of organizations that fight for safe driving and advocate for education. While improving regulation may not be your expertise, you can support organizations, like the National Safety Council and others, to help improve the safety of our roadways. Truck driving is important to us because we represent folks in tractor-trailer wrecks. We have represented seriously injured victims, and we have represented truck companies. By representing folks on both sides, we are able to tell our clients what the other side is thinking and planning based on our actual and recent experience. This gives our clients a distinct advantage.

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Investigating Death by Dehydration of Cobb County Inmate

The AJC recently featured an article on a case that we’re investigating concerning the death of a Cobb County inmate, Reginald Wilson. Mr. Wilson, who suffered from a mental health disorder, died of dehydration while imprisoned at the Cobb County jail. The final report by Cobb County has not been released to his family, despite the fact that Mr. Wilson died nearly 6 months ago. All inmates have a constitutional right “to receive medical treatment for illness and injuries, which encompasses a right to psychiatric and mental health care….” Cook v. Sheriff of Monroe County, 402 F.3d 1092, 1115 (11th Cir. 2015). We are continuing to investigate this matter intently. Helping folks like Reggie’s family is the most meaningful part of being a lawyer.

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$700,000 Settlement in High Speed Police Chase

Our firm, along with several others, secured a $700,000 settlement in a high speed police chase for our clients. This is the maximum allowed by law. We are not revealing the names of our clients for their privacy. Although we secured the maximum recovery possible, this was a tragic case involving seriously injured children. High speed police chases should be avoided at all costs. On average, one person per day dies from a high speed chase, many of them innocent bystanders and some children. With today’s technology, there is minimal justification for such a chase, particularly when the offense is a mere traffic violation, like speeding, as it was in our case. Police officers generally have the tag information and can quickly track down an offender after backing off the chase. By engaging in a high speed pursuit, the police officer and the criminal’s cars become missiles on the roadway. A wreck at these high speeds often leads to serious injury or death. Under Georgia law, an innocent person injured from a high speed chase may have a claim against the police department. Even when engaged in a high speed chase, “the driver of an authorized emergency vehicle” is “not relieve[d]” “from the duty to drive with due regard for the safety of all persons.” O.C.G.A. § 40-6-6(d)(1). An innocent third party may bring a claim when “the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer’s decision to initiate or continue the pursuit.” Id. at (d)(2).

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$27 Million Verdict in Wrongful Death Case

We obtained a verdict in excess of $27,000,000 in Fulton County in a wrongful death case. This is one of the largest verdicts in Fulton County history for wrongful death, and will likely be a top-10 verdict in Georgia for 2018. The verdict concluded over 20 months of litigation between the Parties. The Complaint alleged that the Defendant bar served alcohol to a minor who was noticeably intoxicated, knowing she would soon be driving a vehicle. The Complaint alleged that this was a violation of the Dram Shop Act. Georgia’s Dram Shop Act states that a business that “willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle” may be held liable for an auto accident “caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage” Further,  a business that “knowingly sells, furnishes, or serves alcohol. Alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle,” may be held liable for an auto accident “caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage.” O.C.G.A. § 51-1-40. Alex Weatherby and Pitts Carr have developed a strong wrongful death practice. This year, alone, they have secured nearly $30,000,000.00 for wrongful death victims in Georgia. The cause of action for wrongful death in Georgia is somewhat unique. The type of claims asserted in such a case are (1) a wrongful death claim and (2) a pain and suffering claim by the Estate. A pain and suffering claim brought on behalf of a deceased person is for the pain endured after the shooting but before the death. A claim for wrongful death is brought by the heirs of the decedent. Under Georgia law, this includes damages for the full value of the loss of the life of the deceased, without deduction for damages for the pain and suffering of the deceased after the injury and prior to death. O.C.G.A. § 51-4-1 Although the verdict is a matter of public record, we have redacted our clients’ names for their privacy.

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