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Atlanta Postal Worker vs. Drunk and Uninsured Driver: An Inside Look at A BIG Case

Published December 10, 2017 by Bruce Millar

A postal worker hadn’t missed a day of work for thirty-five years. That is, until he ran into a drunk driver who had no insurance.

In Fulton County, a man was driving his pickup truck on Fairburn Road—this is a busy residential roadway in southwest Atlanta, Georgia. Suddenly, every driver’s nightmare became a reality for this man…a vehicle on the approaching side of traffic veered across the centerline and into his lane. The two cars collided head-on.

The driver who lost control of the car (also a male) tried to flee the scene. But—get this—he couldn’t escape in his vehicle because it was so trashed, so he tried to run away on foot! What was this man thinking?

Apparently, he wasn’t thinking, because it was later determined that he was drunk at the time of the head-on collision.

The plaintiff suffered serious soft tissue and lumbar injuries. He was in so much pain, he couldn’t sleep and sought treatment for sleep apnea at the local Veteran’s Hospital.

The Story of the Accident

The postal worker filed claims against the man who veered across the road. The defendant argued that the plaintiff’s ongoing complaints were age-related and had nothing to do with the collision. But let’s look at the facts…the plaintiff was traveling approximately 25 mph at the time of the accident. The defendant’s speed was estimated at 50 mph—well above the speed limit. Not only was the defendant intoxicated, but he had no insurance.

The plaintiff pursued this claim against the defendant’s uninsured motorist carrier. He claimed $3,000 in medicals and $3,500 in lost wages and an unspecified amount for pain and suffering.

Proving Age Wasn’t a Factor

The plaintiff stated that his injuries were, in fact, from the accident and not because of his “age,” but the plaintiff was unable to get all of his medical records from the Veteran’s Hospital in time for the trial. All the plaintiff could do was deny the defendant’s accusations that he was hiding past medical history.

Speaking of the defendant, he did not even show up for the trial and his uninsured motorist carrier did not dispute how the accident occurred or that the defendant was uninsured. They argued that the plaintiff’s complaints were not related to the accident and suggested the plaintiff be awarded his non-economic damages, plus $2,000 for pain and suffering.

The Awarded Car Accident Compensation

A Fulton County State Court jury awarded the plaintiff $125,000 after deliberating for 1.5 hours.

Talk about a verdict! This award far exceeded the motorist carrier’s policy limit…but it all could have been prevented.

Drunk drivers are everywhere and at random times. Always be cautious and have an escape route planned in your mind if you see a vehicle in an approaching lane swerve in front of you. If you find yourself struck by a drunk, or in any car accident, The Millar Law Firm can help evaluate your case. Are all head-on collisions guaranteed a $125,000 award? No. But don’t just walk away—we can help you get the compensation you deserve.

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