Victim of Motor Vehicle Accident Dies, Resulting in Complex Legal Issues


August 18, 2010

The father-in-law of a victim of a motor vehicle accident called Montlick & Associates, Attorneys at Law two days after the accident had occurred. The injured person was initially involved in a minor accident where very little injury or damage had occurred. Our client called her fiancée who is the father of her child to tell him about the accident, and he was on his way to help her. When she got out of her vehicle to assess the damage and to exchange information with the other driver, a tow truck lost control and struck our client. She survived the initial impact but died a few hours later at Grady Hospital. Our client had received multiple orthopedic injuries and half of her lung had to be resected in emergency surgery. Sadly, she ultimately succumbed to her injuries at the Hospital.

Why They Need an Attorney

The victim died as a result from her injuries from the motor vehicle accident. The client also had an 11 month old daughter that would become the sole heir of the victim's estate. Also, there were 2 fatalities as a result of this motor vehicle accident. By law, the the policy limits needed to be divided.

The Findings in Our Investigation

The police reports show that a Penske Rental Truck was in the left lane and decelerated rapidly because that vehicle was going to miss their exit. When that Penske truck slowed down sharply to move from the left lane to the right exit lane, the vehicles behind the Penske truck had to make adjustments so as not to hit the truck. At that time, one victim pulled over to the left lane and clipped our client’s vehicle. The two accident victims were parked at the side of the road when a tow truck collided with the two vehicles pinning our client between vehicles and dragging her. The other vicim was thrown into the opposite side of the interstate.

No parties received citations, but the crash scene investigator said that the tow truck was going 76 mph in a posted 50 mph zone per our expert.

Since the 11 month old daughter of our client was the sole heir but was also a young minor, we communicated directly with the father of the minor child as well as the grandparents of the minor. After an attorney from our law firm met with client’s representatives of the family, our attorney traveled to the tow yard in order to obtain photographs of the victim’s vehicle. Based on the series of events that led up to the accident, our attorney determined that we needed to hire an accident reconstructionist. The accident reconstructionist was able to download vital data from the tow truck black box. The accident reconstructionist also took photographs again of the vehicles and completed a thorough accident scene investigation.

Montlick & Associates, Attorneys then established claims with all of the insurance companies and the case was referred out by the defendant’s insurance company to a defense attorney. Unfortunately the available insurance policy limits were not very high. After completing mediation, it was determined to split the liability limits $125,000 to our client and $375,000 to the other victim's 2 children. Also, the sole heir of our client's estate will receive the Uninsured/Underinsured (UM) coverage we discovered, totaling $100,000 and $25,000, from the other victim's liability coverage.

Our Georgia Auto Accident Attorneys are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located, we are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). Or visit us online at www.montlick.com where you can use our Free Case Evaluation Form or 24 hour Live Online Chat.

Category: Montlick Law

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.