Civil Lawsuit Filed in Fatal Georgia Truck Accident


June 11, 2015

A catastrophic crash that killed five Georgia Southern University nursing students last month is being called indefensible and inexplicable in a new wrongful death suit brought by the parents of three of the deceased students, according to the Atlanta Journal Constitution.  The accident occurred on I-16 in Bryan County, Georgia, rocking the local community. The wrongful death suit has included as defendants two truck drivers involved in the crash, their trucking companies, and insurers. Another nursing student injured in the accident has also filed a civil suit in Bryan County Superior Court and State Court.

The lawsuit alleges that the truck driver who hit the nursing students did not apply his brake, despite the traffic ahead clearly being at a standstill. It further alleges that the trucker did not attempt to maneuver to avoid a collision before hitting the cars ahead. The truck crashed into the vehicle carrying the victims at such speed that the car caught on fire. The truck then continued forward, hitting several other vehicles. Attorneys have presented a theory in the lawsuit that the driver was either drowsy or fatigued. Investigators have also reportedly uncovered that the truck was equipped with a collision avoidance system, but it is not clear whether it was operational at the time of the crash.

Wrongful Death Suits in Georgia

Georgia law allows the relatives of anyone who has been killed due to negligence, reckless, or intentional actions of another person to file a wrongful death claim. Wrongful death claims often arise due to car or truck accidents, as well as slip and falls, and more.

Normally, the spouse, if applicable, will have the first priority in bringing a wrongful death action. If the spouse and the accident victim have children, said children will likely have rights as well. However, it is important to retain a personal injury attorney so that he or she can evaluate the facts and circumstances of any wrongful death case to determine which family members have the proper standing to bring claims arising from the death of a loved one caused by another at fault person or party.

Damages in a wrongful death action can include lost wages and benefits that the deceased would have earned had he or she lived to a reasonable life expectancy, medical expenses if applicable, as well as loss of care, companionship, and more.

Wrongful Death Truck Accident Suits Are Complex and Require Skilled Assistance

As this recent truck accident lawsuit demonstrates, wrongful death actions involving trucking accidents can often involve multiple defendants. In fact, a single lawsuit could involve three or more defendants, not to mention the complicated laws and regulations governing this area of legal practice. As such, anyone injured in a crash or who has lost a loved one to a truck accident should retain counsel as soon as possible so they can take all necessary actions to preserve evidence and protect your legal rights.

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

Tractor trailer accidents can destroy the lives of those involved, inflicting serious injuries or even death. If you or a loved one has been involved in a truck accident, an experienced and knowledgeable attorney can inform you of your legal rights and the steps necessary to protect those legal rights.

The Atlanta Truck Accident Attorneys at Montlick and Associates represent those who suffer serious injuries throughout all of Georgia and in the Southeast, 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.

 

Source:
http://www.ajc.com/news/news/parents-of-gsu-nursing-students-killed-in-i-16-cra/nmFn3/

http://www.timesfreepress.com/news/business/aroundregion/story/2015/may/02/us-xpress-named-georgifatal-wreck-lawsuit/301998/

 

Category: Truck Accidents

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.