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by The Stoddard Firm - August 9th, 2019
Two people were killed and seven more injured when an InCommunity van crashed into a tractor-trailer that was stopped in a left turn lane on July 15th, 2019. InCommunity is an organization that supports adults with special needs, and the van was taking program participants with intellectual and physical disabilities home at the end of the day.
The two fatalities included the driver of the van and one passenger. Six more passengers and the driver of the tractor-trailer were treated for injuries ranging from bruises to probable concussions. The circumstances surrounding the crash are currently under investigation.
The driver of the tractor-trailer likened the impact to a bomb going off. He reported attempting to respond to the sounds of screams in the van, but having to sit and wait for emergency personnel to arrive instead due to dizziness and neck pain. These early signs point to whiplash, among other possible lasting injuries, yet he may be one of the lucky ones.
Because many of the passengers have limited communication abilities, correctly diagnosing and treating their injuries is especially challenging. Some may also have above-average difficulty processing emotional trauma due to their underlying conditions. And, of course, one passenger will never make it home at all.
Drivers hold not only their own lives but the lives of everyone around them in their hands. Any entity that employs people to drive on its behalf needs to be careful to hire qualified candidates and provide adequate training and support. Situations like this one, where particularly vulnerable individuals and their families have placed their trust in an organization to ensure their safety, highlight the importance of accountability to that trust. Many people are reluctant to pursue compensation from nonprofit organizations like InCommunity, but liability insurance is a required cost of operating, even for a nonprofit, and incidents like this are exactly what it’s for.
As yet, it’s unclear what caused the InCommunity crash. There’s no information on whether the driver was behaving recklessly or aggressively. She may have suffered a medical emergency, or the van itself may have experienced a mechanical failure. It’s possible that this was nothing but a freak tragedy, or it may have been the result of any number of failures on InCommunity’s part to minimize risk to those participating in its programs.
If the van was not properly maintained, or the driver was not properly screened, trained, licensed, and free of known conditions that could make her a hazard on the road, then InCommunity is liable for the resulting car accident injuries and wrongful death. Hopefully, further investigation will help clarify exactly what happened.
If you or someone you love has been involved in a serious vehicle accident with a professional driver, call The Stoddard Firm to learn about how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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