Imagine driving down the busy interstate when you pass a semi-truck in the right lane. You are overcome with horror as you check your rearview mirror. There, you see an entire motorcycle and its rider somehow entangled with and clinging to the truck’s grill as it hurtles down the highway.
This was exactly the situation on a clear and sunny day on Georgia’s interstate highway I-16 when a motorcycle driven by a 55-year-old married private investigator was rear-ended by an 18-wheeler. The impact caused the motorcycle and its driver to become stuck to the grill of the truck where they were carried some distance before the driver of the truck realized what had happened.
The Injuries From a Georgia Truck Accident
The motorcycle driver sustained multiple injuries including serious neck, back, and knee injuries. He underwent medical treatment and physical therapy for his neck and back injuries, and surgery on his knee. Even with medical attention, the motorcyclist was unable to recover fully.
There was no question that the driver of the truck was at fault. Ultimately, the injured man brought a civil suit before the Fulton County State Court where he claimed permanent injuries as a result of the impact.
Those injuries to the plaintiff included bulging lumbar and cervical discs, with peripheral neuropathy and radicular pain, (Peripheral neuropathy is nerve pain which causes burning and shooting pain in the hands and feet. Radicular pain refers to pain that radiates outward from injured nerve roots.)
The plaintiff required medical treatment and physical therapy. Plaintiff also claimed a partially torn meniscus, which required surgery. He had permanent residual pain and diminished capacity, but was able to return to work.
An Injury Lawsuit for a Life Now Living in Permanent Nerve Pain
He now lives with permanent nerve pain caused by trauma to his spine as well as the nerves around those injuries. The plaintiff asked the court to award payment for his economic and non-economic damages, seeking $63,673 for his past medical expenses, compensation for some lost wages, and damages for pain and suffering.
The defendant, the owner of the trucking company, argued that the plaintiff’s claim of peripheral neuropathy and radicular pain were due to a pre-existing diabetic condition. Defendant also questioned the nature, extent and permanency of the plaintiff’s injuries.
This case was heard in Fulton County State Court before the Honorable Judge: John J. Goger. When all the evidence was submitted to the jury, they deliberated only 2 hours before reaching a verdict in the case. Even though the plaintiff’s nerve pain might have been pre-existing as a result of his diabetes, the jury awarded the plaintiff $663,673.
Once upon a time, people called them the Knights of the Road. Truckers were reputed to be the most helpful users of the highway system. Now, probably because of the growth of our country and the necessity of employing many thousands of long-haul tractor-trailers and their drivers to move our nation’s freight, it may be that not all truckers are as safety conscious as they once were. Is it too much to expect that somebody responsible for driving a 40-ton battering ram down the highway be held to a high standard? This Fulton County jury thinks not.
If you or someone you love has been involved in an accident because of someone else’s negligence, call or email The Millar Law Firm. We will be happy to review your case and determine if you could be eligible for compensation for your injuries.
LEGAL DISCLAIMER: The above article is a factually-accurate case history of an actual previously litigated or settled Georgia case. The case was reported on in local media and/or legal reporting services and it was not handled by The Millar Law Firm. However, we think our current and prospective clients may find this information interesting and informative as the case is factually similar to cases our office routinely handles. Please be advised that The Millar Law Firm makes no guarantees your case will have a similar outcome, as past results and results of our firm or of other lawyers and law firms are not indicative of future performance.