$1,000,000 Tractor Trailer Accident — Fatality

Gardner Trial Attorneys is a staunch advocate for our clients. We provide compassionate representation for families who have suffered tragedy in automobile and trucking accidents.

Gardner Trial Attorneys represented the family of a young man killed in a traffic accident involving a tractor-trailer. The man was not a legal resident of the United States, but we made sure that his immigration status did not inhibit the ability of his family to be justly compensated for the wrongful death he suffered.

The case required expertise on insurance company practices and the ability to move quickly in order to maximize recovery for the client. Gardner Trial Attorneys secured a $1,000,000 settlement for the young man’s family, the maximum amount allowed under the trucking company’s commercial insurance policy.

The young man was seated in the front passenger seat of an SUV with three friends when their vehicle was sideswiped by a truck on a metro Atlanta highway. The tractor-trailer recklessly tried to change lanes without leaving adequate clearance. The SUV spun out of control and left the road. The young man was ejected and died from severe injuries.

Gardner Trial Attorneys knew that a timely approach to the case was critical to maximizing a potential settlement. The tractor trailer company’s insurance carrier denied responsibility. The commercial insurance policy they had issued for the truck company was a combined single limit $1,000,000 policy. This meant that the total amount the policy could pay, to all claimants, was $1,000,000 and it would be paid out on a first-come, first-serve basis. Others had been injured in the truck accident. Multiple competing claims can limit your recovery. This type of case must be prepared quickly.

It is crucial to gather evidence quickly. Our first step was to hire an accident reconstruction expert to piece together exactly how the truck accident had occurred and who was at fault. We made sure that the vehicles were preserved for examination. We obtained all Georgia State Patrol records, including their accident reconstruction report, and prepared the case for trial.

We found the legal facts to be clear. The driver of the tractor trailer was at fault and the insurance company was liable for the amount of the policy. We submitted the claim for the combined single limit policy before anyone else that had suffered an injury in the trucking accident. The insurance company asked for an extension, but Gardner Trial Attorneys said no and they were forced to tender the entire $1,000,000 to our clients.

The young man who died was engaged to be married. Both he and his fiancé lacked legal immigration status, but they were the parents of two small children, both American citizens. The mother had been in the United States basically all her life, living in Texas and Georgia. She attended grammar school and high school here. Because they had not yet been married, her two small children were the beneficiaries of the policy.

A long-term approach was needed to assure her ability to raise and care for her children. We tailored a structured settlement with an appointed guardian. This allowed the settlement to be safely invested so that the children could begin to receive it upon their 18th birthdays. It also meant that their eventual recovery would be much greater than $1,000,000.

Gardner Trail Attorneys recognized the mother’s immigration status could potentially hinder her ability to care for her kids, so we aided her in obtaining an immigration lawyer so she could work towards citizenship and be assured of being there for the children. She is now an American citizen.

Trucking accidents can be complicated and are more likely than car accidents to cause fatalities and serious injury due to the size and weight of tractor trailers. The medical expenses of people injured in truck accidents often exceed the maximum amount of their personal injury protection coverage. Trucking companies and their insurers often have extensive legal and investigative resources to limit their liability exposure and the recovery available to victims of truck accidents.

Gardner Trial Attorneys have the resources and experience to properly investigate truck accidents. Many factors must be considered to determine which parties are liable for damages. Liability often arises from negligence, and many parties can potentially be negligent in these cases: the driver, the trucking company, the owner or leasing company in charge of the truck, the shipping company who contracted to have the load delivered, the company that made the truck.

Gardner Trial Attorneys sometimes represents the families of people who have suffered grave injury or a wrongful death through no fault of their own. We pursue the best possible financial outcome for these clients by maintaining our focus and professionalism as they struggle to deal with their bereavement.

We keep clients informed of all progress in their case and are responsive to any questions they may have. We take care of the legal work that needs to be done and help them by being the most effective possible advocate for them, leading them through the challenging litigative process to the compensation they deserve.