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Car Accident with Spinal Surgery Leads to Large Clayton County Verdict

Published November 18, 2017 by Bruce Millar
Car Accident with Spinal Surgery Leads to Large Clayton County Verdict

A Clayton County, Georgia jury awarded a large verdict in a car accident case that left a man with the future possibility of spinal fusion.

The plaintiff and the defendant in this case were traveling down roads that intersected at North Main Street and State Route 138 in Clayton County near Jonesboro, Georgia. The vehicles arrived at the intersection at the same time resulting in a collision.

The Plaintiff’s vehicle was hit on the front driver’s side by the defendant’s Plymouth Voyager van causing the plaintiff’s automobile to spin in a complete circle.

The plaintiff’s injuries were not treated for three weeks. When he did consult with a doctor, he learned that he suffered herniated cervical and lumbar discs as a direct result of the collision, requiring future fusion surgery.

A Dispute and Contradiction With Stories

Interestingly, both the plaintiff and the defendant claimed that the other driver ignored a red light.

In Georgia cases such as these plaintiffs and their attorneys must rely upon the ‘at fault rule’ in determining which driver was responsible for the accident. In this case, impact on the front left side, indicated that the plaintiff’s vehicle entered the intersection first, suggesting that the Defendant should have exercised more caution before entering the intersection with or without the help of a traffic signal light. It was also obvious that the plaintiff’s vehicle was on the Defendant’s right giving the plaintiff the right of way according to Georgia law.

At trial, the defendant alleged Defendant contended that plaintiff: (1) ran a red light; (2) did not seek medical attention until three weeks post-accident; (3) was involved in a motorcycle accident 15 years prior to this collision and underwent neck fusion surgery; (4) injuries were approximately related to an auto accident which occurred six years prior to the subject collision; and (5) injuries were not severe enough to require fusion surgery.

Both parties brought expert medical witnesses to testify concerning the facts of the injuries sustained by the plaintiff.

Accident Compensation Awarded to Plaintiff

In the end the witnesses for the plaintiff, and the facts of the collision led the jury to find in favor of the plaintiff, awarding him $330,000.

The fault in accidents is not always perfectly clear even to first responders. To the drivers in an accident, there can be a ‘fog of war’ feeling immediately following an accident. In the event of injuries, things can be even more bewildering to those who were directly involved.

If you have been involved in an accident – whether or not you think you may have been partially at fault – seek legal help. Legal professionals have the training and the skill to better understand where the ultimate fault and the liability lie. Call The Millar Law Firm today to consult with a legal professional about your automobile accident.

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 guarantees of the same type of success.

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