Is the sidewalk safer than the street on a rainy day? Not always.
The Story of a Man Hit on the Sidewalk
A man was ambling down the sidewalk on a rainy day when a right-of-way issue on the adjacent street caused one vehicle to leave the street, cross the sidewalk and plow into him.
The walker flew through the air, and then landed forcefully on his head and shoulder. He suffered a laceration to his head and a torn rotator cuff of the shoulder requiring surgery. His shoulder injury will be a permanent one according to the complaint.
The injured man filed a civil action in Georgia’s Cobb County State Court.
Unsafe Speeds During Bad Weather
In his complaint the plaintiff alleged that the driver of the vehicle that hit him was driving too fast for the road conditions and that she failed to be fully aware of the traffic around her. The plaintiff also named the driver of a second vehicle – one that made a left-turn in front of Vehicle A, causing Defendant A to lose control of her vehicle. Plaintiff alleged that Defendant B failed to yield the right-of-way to oncoming vehicle A.
Plaintiff claimed approximately $14,000 in medicals.
The Battle Between the Defendants
Defendant A blamed Defendant B for the accident. Defendant B maintained that since she was not even at the site of the accident, she could not be blamed.
The empaneled jury in this case deliberated only 2.5 hours. They found that Defendant A was fully at fault and dismissed the claim against Defendant B. As sometimes happens, the injured pedestrian was awarded significantly more than he had requested, the jury believing his injuries were worth $184,122.
Why Its Critical To Have a Great Lawyer Represent You
If you or someone you know has been injured by the negligence of others, the law in Georgia is there to provide consideration for those losses. Not all cases can be decided quickly as this one was. Not all cases are easy to prove. Nevertheless, you may have a case in which you could be compensated for the losses you’ve suffered in terms of medical costs, quality of life, pain, suffering, or even the inability to find comfort in the arms of your spouse. (The legal term for this is ‘loss of consortium.’)
You won’t know if you have such a case unless and until you consult with an experienced legal team. You need to speak to someone who knows and can untangle the sometimes difficult to understand provisions of the law. The law is meant to level the playing field but it only works if you take the time to bring your case before the Court.
Before you write your injuries off to ‘bad luck,’ call or email the legal professionals at The Millar Law Firm. We can tell you whether or not you can recover your losses in a court of law. Allow the laws in the Great State of Georgia to work FOR you.
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.