In February 2017, our client was traveling on I-75 in Marietta, GA when a tractor-trailer sideswiped her car. The driver was from Canada and was working for a Canadian trucking company. Our client sustained multiple injuries, the most serious being a partially torn rotator cuff that ultimately required surgery. Her total medical bills were around $90,000. The law firm that represented our client at the time attempted to settle the case when the client was done with treatment, but they were unsuccessful in getting any offers. As a result, that law firm referred it to another lawyer, who then associated Darl Champion on the case based on his experience in pursing trucking accident cases.
The case presented several challenges that had prevented it from settling. First, the defendant-driver who sideswiped our client contended he was forced into her car by another driver who had entered his lane from the right. He argued that this caused him to move to the lane to his left and strike our client’s car. Therefore, he argued he was not negligent. Second, our client’s car did not have a lot of property damage. The lack of significant property damage is a common defense in car accident cases, even when a large truck is involved. The insurance company argued that, due to the lack of significant damage, the crash could not have caused our client’s injuries.
The Champion Firm pursued the lawsuit against the truck driver and the trucking company in the State Court of Cobb County. Our experienced legal team conducted depositions and obtained documents from the trucking company. Through the testimony and evidence we were able to uncover, we were able to show that another driver did not come into the defendant’s lane and that the defendant was entirely responsible for the collision. At the conclusion of discovery, the defendants asked to go to mediation in an effort to try to settle the case without a trial.
The Champion Firm was able to overcome all of the challenges that had prevented the case from settling earlier. The mediation of the case resulted in our client receiving a $210,000 settlement.