Our client was traveling as a front seat passenger in a vehicle operated by his friend. They were stopped behind a tractor trailer on 1-85 due to an overturned pickup truck. As they were stopped, a second tractor trailer collided with the passenger side of our client’s vehicle. Both the driver of the tractor trailer and our client ultimately died from their injuries.
The wife of our client qualified as the administrator of her husband’s estate. As such, we were able to file suit against both the driver of our client’s vehicle and the driver of the tractor trailer. Since both drivers may have been responsible for some portion of liability, as best practice we always file suit against anyone who may have contributed, even partially, to an accident. This ensures that all available insurance coverage comes into play.
Once the lawsuit was filed, there were multiple pleadings and hearings filed to consolidate both our client’s case and the driver of our client’s vehicle counterclaim lawsuit. Consolidating cases in which one of the parties is a defendant can cause confusion for a jury. It can also lead to one case piggybacking on the other for experts and costs. Although we did not convince the judge that these two cases needed to be heard separately, we were successful in getting our case settled.
We were co-counsel on this case with Fried, Rogers and Goldberg in Atlanta Georgia. The case resolved for $720,000.
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