$7.5 Million Settlement in Big-Rig Accident Demonstrates Importance of an Experienced Trucking Lawyer


February 23, 2015

When you are involved in a trucking accident, you will invariably face complex issues. The sophisticated nature of large truck accident litigation makes it important to seek out an experienced trucking accident attorney. Some people injured in a collision do not obtain legal advice because they assume they cannot prevail if they are determined to be at-fault by a law enforcement accident report, or they receive a traffic citation. Acceptance of a preliminary determination of fault in a vehicle accident without seeking legal advice is a poor decision under any circumstances. However, the complexity of trucking litigation makes it even more imperative to allow a tractor-trailer accident attorney to conduct an independent evaluation of the facts.

A recent $7.5 million settlement of a Clayton County trucking accident lawsuit demonstrates the importance of obtaining legal advice about your rights and remedies even if you are determined to be at-fault on a preliminary basis. The plaintiff was a model who was injured in a collision with a tractor-trailer on I-75 in Clayton County according to the Daily Report. The complaint filed in the lawsuit alleged that the plaintiff was injured when her passenger car slammed into the rear of a big-rig. The police originally determined that she was driving too close and that she was driving under the influence (DUI). When the injury victim was treated at the hospital she reportedly had a BAC of .081. According to the Daily Report, friends acknowledged that she had been drinking.

Despite this adverse preliminary evidence, the lawsuit alleged that the tractor-trailer swerved in front of the plaintiff and left her with no time to react to avoid the crash. The lawsuit alleged that the plaintiff was forced off the roadway which caused her to lose control of her vehicle. Her vehicle flipped over and traveled on the roof of her passenger sedan for a significant distance.

The decision of the injury victim to pursue the claim despite the initial determination that she was at-fault paid off because of the effective strategies of her truck accident attorneys. Her attorneys obtained accident reconstruction experts who examined gouge marks in the freeway and both vehicles. The experts concluded that the plaintiff's vehicle was located in the center of the slow lane when the truck crossed in front of her from a faster lane. The DUI charge also was dismissed because witnesses that were with the plaintiff when she was drinking indicated she did not appear impaired. The plaintiff's attorneys also argued that the BAC results taken for medical purposes were not as reliable as law enforcement alcohol testing. Evidence also was presented that the police did not notice any indication of alcohol impairment of the plaintiff at the scene of the crash.

Even though the initial investigation by the police found the injury victim was at-fault, her decision to seek advice from an experienced trucking accident lawyer resulted in a $7.5 million settlement. This is why you should always consult with an attorney after a trucking accident rather than simply relying on the conclusions of the police report or the trucking company's attorneys.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case

If you or someone close to you is injured in a trucking accident, our law firm might be able to seek compensation for any injuries or loss. Our truck accident attorneys at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and the Southeast for over thirty years, 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 our attorneys 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). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Sources:

http://www.dailyreportonline.com/id=1202716104653/Model-Whose-Face-Was-Scarred-in-Crash-Reaches-75M-Settlement?rss=rss_ga&kw=%20Model%20Whose%20Face%20Was%20Scarred%20in%20Crash%20Reaches%20%247.5M%20Settlement%20&et=editorial&bu=Daily%20Report&cn=20150201&src=EMC-Email&pt=Weekend%20Edition

Category: Truck Accidents

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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.