Practice Area:Trucking Accident
Description:Deidra Marsh, age 19, was a front seat passenger in a vehicle being driven by her boyfriend. He lost control of his vehicle and collided with another vehicle. The impact caused both vehicles to go out of control, with the vehicle driven by Ms. Marshâ€™s boyfriend traveling across the travel lanes toward the concrete median. At that time, the truck driver who was driving a fully loaded tractor trailer on behalf of his employer, Lakeway Trucking, Inc. observed the impact of the two vehicles in front of him, however, was unable to avoid a collision with the vehicle driven by Ms. Marshâ€™s boyfriend. Deidra Marsh suffered fatal injuries as a result of the collision. During discovery, we obtained admissions from Lakeway representatives that the driverâ€™s hiring and training were in violation of their company policies. Furthermore, the driver admitted that he was exceeding the speed limit at the time of the accident, and that he had not checked the adjustment levels of his brakes. An inspection of the tractor trailer by the Cobb County Police Department revealed that four of the six tractor brakes were out of adjustment. The case settled for $1,500,000.00 following mediation.