Interior of a commercial truck cab

Beasley Allen settles case against two trucking companies

Beasley Allen has settled another truck accident case.

The Drivers

On Aug. 29, 2017, our client Lynn Curry was driving a 2012 Jeep Compass northbound on Interstate 285 in Cobb County, Georgia. Her vehicle was in the third lane from the left shoulder.

An 18-wheeler owned by CT Transportation, LLC out of Port Wentworth, Georgia, was being driven by Ernest Elmore, Jr. He was traveling northbound in the lane behind our client’s vehicle. Elmore was an employee of one Defendant: CT Transportation.

John Thomas Haugen, an employee of the other Defendant, Florilli Transportation LLC of West Liberty, Iowa, was operating another big truck and was also traveling northbound.

The Accident

In an attempt to change lanes, Elmore drove his truck into Haugen’s truck two lanes over, causing a collision. Haugen was driving over the speed limit and too fast for conditions, rendering him unable to avoid a collision with Elmore’s vehicle. As the Elmore and Haugen trucks collided, the Haugen truck then entered our client’s lane, impacting her vehicle.

This accident occurred during early morning rush hour traffic. This caused the immobilization of commuters, including our client. This road condition was a potential hazard well known to all commercial truck drivers. There was also active construction in the area, which created an additional hazard.

Both Elmore and Haugen ignored the danger created by the two hazardous conditions. Our client, properly belted, was on her way to work at the time of the accident and her vehicle was not moving at the time of the collision.

The speed limit in the area where the accident occurred was 40 mph, without factoring in rush-hour traffic and construction. According to John Haugen’s blackbox download on his vehicle, he was traveling at speeds that reached up to 53 mph right before the accident happened. Haugen maintained that he did nothing to cause or contribute to this accident, and stated that Elmore pulled into his lane of travel abruptly, causing the collision. He maintained that the speed limit in the area was 55 mph and that it was only 40 mph in the approaching curve. Although Haugen disputed the speed limit in the area, he admitted in deposition that he would have been able to avoid hitting our client had he been traveling at 40 mph.

Case Information

Our client suffered serious injuries, including a traumatic brain injury; a C4-5-disc herniation causing ventral cord compression, and lumbar facet capsular injury. She filed claims of negligence and wantonness in her complaint against CT Transportation, LLC; Florilli Transportation LLC; Ernest Elmore, Jr.; and John Thomas Haugen. She also alleged negligent hiring, training and supervision against Defendants CT Transportation and Florilli Transportation.

The Plaintiff was represented by Beasley Allen lawyers Chris Glover and Ben Keen from our Atlanta office, along with Gibson Vance, who is based in Montgomery. The case was successfully settled for the client. The lawyers and staff did a tremendous job in the investigation and presentation in this case.

Truck Accident Lawyers

As part of our truck accident practice, Beasley Allen has lawyers and investigators with experience in handling these often-complicated claims. Handling a truck accident claim is very different than a standard automobile accident. There are many state and federal regulations under the direction of the Federal Motor Carrier Safety Administration (FMCSA) applied to these cases. A truck accident law firm must be familiar with these rules, and dedicate time to thorough investigation.

This story appears in the January 2021 issue of The Jere Beasley Report. For more like this, visit the Report online and subscribe.

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