A Georgia truck driver has been charged with making an improper U-turn and homicide by vehicle, second degree, after colliding with a motorcycle while attempting to make a U-turn in the middle of an Atlanta intersection. The motorcyclist, 46-year-old Derek Davis, was fatally injured in the accident, passing away at Grady Memorial Hospital hours later. About two percent of vehicular accidents in Georgia involve large trucks; between 2008 and 2012, there were an average of 27 large truck accidents per year. Trucking accidents can be caused by a variety of factors and often result in catastrophic injury. In the case of the recent homicide by vehicle, the driver may be found guilty of negligence, including reckless and aggressive driving.
The accident occurred around 9 a.m. on 2 September 2014, where Lenox Road NE and Ferncliff Road intersect. According to the police report, a semi-trailer truck, driven by a truck driver identified as Eugene Holmes, was attempting to make an improper U-turn from the far right lane when motorcyclist Derek David, who was also traveling southbound on Lenox, collided into the rear of the cab after skidding for about 165 feet. David sustained heavy injuries and was taken to Grady Memorial Hospital, in Atlanta, although police reported his death before noon that day. Mr. Holmes is facing a charge for second degree homicide by vehicle, as well as a charge for making an improper U-turn.
Truck accidents have steadily increased by over 20 percent throughout the past two decades. While they make up a comparatively small fraction of total accidents, collisions involving one or more large trucks typically cause greater harm than other traffic accidents, given the size and weight of the vehicles involved — whereas a semi-truck can weigh as much as 80,000 pounds, the average passenger vehicle weighs between 3,000–4,000 pounds. These types of accidents can result in catastrophic injury, including both physical and emotional harm. If you’ve been involved in a vehicular collision with one or more large trucks, where the truck driver was negligent of his duties, it is important to seek legal counsel to fight for the compensation you deserve.
If a truck driver is found to have been negligent of his or her duties, whether as a result of dangerous driving, fatigue, or a lack of training, that person may be liable for any damages and injuries caused to other drivers as a result of a collision. Apart from the driver, the trucking company, the contractor (if there is one), and the insurance company may also be liable, although the extent of liability depends on the unique characteristics of each individual case. Proving the accountability of third parties can be difficult, since truck drivers can often work through independent contractors or for a larger, but separate, company. The truck driver can be found liable if the plaintiff can prove that the defendant owed him/her the duty to exercise a reasonable degree of care, under the circumstances of the collision. Turning accidents also present an additional degree of complexity, since large vehicles often require two or more lanes to make a turn. Choosing the right attorney is vital to a successful claim against a negligent truck driver.
How Pope McGlamry Can Help You
At the Georgia law offices of Pope, McGlamry, Kilpatrick, Morrison, & Norwood, P.C. we have tried experience in representing victims of trucking accidents, having obtained million dollar settlements on behalf of past large truck collision victims. We have the comprehensive knowledge of state and federal laws, as well as the resources necessary, to expertly represent your interests in a court of law. Our legal team works closely with accident investigations and makes use of other expert opinions to help you obtain full and fair compensation for your injuries. If you have suffered personal injury or damages as a result of a vehicular collision involving one or more large trucks, contact the Pope McGlamry legal team to schedule your free case review with our renown team of attorneys today. Call us at: (877) 285-7656.
