Freak Accident or Wrongful Death?

On an early spring evening in Fulton County, a truck driver was leaving a facility where he’d made a delivery. He was required to stop and to open his trailer for a guard to inspect his trailer. The 47-year-old man dismounted from his 2005 Volvo tractor and opened the trailer for the guard for verification that it was empty. While he was at the rear of his trailer, the truck behind him rolled forward, pinning the driver between his own trailer and the 2006 International that was next in line.

He suffered multiple crushing injuries including a fractured femur and collarbone, several broken ribs, and a crushed pelvis. The injured driver was taken to the hospital by ambulance where he died less than two hours later.

Wrongful Death suit was brought against the driver of the moving truck who claimed that the decedent was a fault for his own death by standing between the two big rigs.

The surviving driver claimed that he had been instructed to back up in order to allow the decedent to open the trailer doors. While he was waiting for his brakes to disengage, he reached down to pick something up from the floor on the passenger side of his truck. His foot slipped off the brake and the truck lurched forward. He claimed not to know the truck was moving until it was too late.

The case was to have been heard in the Superior Court of Fallon County before the Honorable Thomas R. Campbell. Prior to the court date the parties reached an agreement and the Wrongful Death matter was settled out of court for the amount of $1,350,000.

When someone is injured or killed because of the action or the inaction of another, there may be cause for a claim or lawsuit. Even in cases where, at first, it simply appears to be a fluke, there may be culpability – or responsibility – for the accident on the part of another party. For this reason, it’s a wise idea to have your case evaluated by a reputable personal injury attorney.

Because knowing the laws around personal injury is our business, the attorneys here at The Millar Law Firm are happy to review your case and determine if or how you might receive a settlement for the injuries done to you or a loved-one. Email or call for a free evaluation.