A 30-something bakery worker was driving her vehicle through a section of road construction. When she stopped at an intersection, her rear tire became stuck in a large pothole. As she attempted to move forward, the woman’s tires spun in gravel on the roadway. Suddenly and unexpectedly the vehicle lurched forward out of the pothole and in front of an oncoming truck. There was a collision. The truck was driven by an employee of one of the three defendant Contractors working at the construction site.
Then The Injuries Came…
The woman suffered a cerebral infarction – necrotic or dying tissue in the brain which limits blood and oxygen flow. This resulted in a shower of strokes which left plaintiff brain damaged and wheelchair bound.
Then The Lawsuit…
A civil suit against the three contractors at the construction site was brought by the woman. The plaintiff contended that:
- Defendant contractors were responsible for safety at the construction site;
- A large pothole and gravel presented an unsafe condition; and
- Defendant driver failed to avoid the accident.
Each of the three contractors argued that the intersection was the responsibility of the other contractors.
Blaming The Pothole Did Not Work Out
Even though the plaintiff’s vehicle had failed to yield right-of-way to the oncoming truck, the defendant’s each took part in the settlement of the action in which the plaintiff was awarded $2,300,000.
There are, in most civil actions, details that must be hammered out by learned legal minds. Most of us don’t have the training or the experience to readily see who is ultimately at fault for an accident such as this one. For that reason, it is wise to consult an attorney before you put an accident out of your mind as ‘just bad luck.’
If you were just in an accident, contact our law firm. You’ll appreciate our car accident consultation.
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 of our firm or of other lawyers and law firms are not guarantees of future performance.