Jury Awards $ 7M to Children of Woman Killed on the side of the Road in Georgia after Breaking Down

flat tire car crashA Fulton County jury awarded nearly $7 million to the children of a 46 year woman killed as she and the driver of the car in which she was a passenger were attempting to change a flat tire on the highway.  As the woman who was the passenger went to the back of the car and was attempting to remove the spare tire from the trunk, another car slammed into the women and the car, and the woman was pinned between the cars and died at the scene.

The driver of the car that was broken down was seriously injured.  The driver of the car who hit and killed the woman suffered only minor injuries.

Although it was discovered that the driver of the car that killed the woman had been obsessively texting and driving as later shown by cellphone records that he was texting and driving the whole time having a lovers quarrel by text message with over 250 texts in three and a half hours, he was still never held liable for any portion of the accident nor were any criminal charges filed against him.

Another interesting and important point in this case was that the car that had broken down was not fully pulled off the road and it was determined that that also contributed to the accident.  The Judge, therefore, placed the driver of the vehicle that was partially parked in the roadway on the verdict form so that the jury could apportion some fault to her for not being completely off the road way.  The Jury apportioned 1% of the fault to her.

The case is Hooker v. Brown, No. 12EV014753.


Important Rules to Follow if you Want to Win your Injury Case in Georgia ~ part two.

what to do in your injury case part twoThis is a follow up from my prior blog post about Important Rules to Follow if you Want to Win your Injury Case in Georgia.

Third, during your case, be sure that you keep good records such as a copy of the police report, a diary of how you feel each day and what activities you were not able to enjoy that you were able to enjoy prior to the injury, all correspondence with the insurance company and the other party, contact information for your doctors and potential witnesses, receipts for medical treatment, records of lost time from work, photographs or videos of your injuries, a copy of insurance policies, car repair information, and receipts from anything involving the accident or injury.

The more documentation that you have, the better.  Be as meticulous and organized with this information as you can be as you gather this information.  You may think that you will remember every detail but memories do fade over time so the more documentation and record keeping, the better for your case.

Do not share this information, however, with anyone except your legal counsel.  This is not the time to post messages on social media as these things may very well end up hurting your case.  Insurance companies have investigators and they will follow you and watch your every move so keep your notes and documentation private.


Important Rules to Follow if you Want to Win your Injury Case in Georgia ~ part one.

seeking medical treatment part one for blogIn order to win your injury case in Georgia you must show that there was a duty owed to you by another person or entity, that the duty was breached, and that the breach of the duty caused your injury.  If you end up in a court of law in your injury case, then the burden of proof is on the injured party (i.e. the Plaintiff) to show by a preponderance of the evidence that it was more likely than not that the actions of the Defendant caused the Injury to the Plaintiff.

Of course, Injury cases are much more complicated than this as each case has its own facts and circumstances and there are multiple variations that will effect the outcome of any one particular case.  There are, however, some Important Rules to Follow if you want to Win Your Injury Case in Georgia.

First, one of the most common mistakes that people make is that they don’t seek proper and immediate medical treatment.  It is imperative that when you are injured that you do not delay medical treatment and that you seek the proper treatment.  There may be legitimate reasons that a person does not seek medical treatment such as lack of knowledge of where to get proper treatment, lack of insurance or other resources to seek treatment, the assumption that you aren’t hurt very badly or that you will get better, not worse, without medical treatment.

Regardless of the reasons for not seeking medical treatment, not seeking medical treatment immediately following an accident or injury will diminish the value of your case.  Therefore, it is imperative that you seek medical treatment by a qualified physician immediately following an accident or injury, and follow up with any and all treatments that are recommended by the doctor.