Fulton County Jury Awards $226,000 in Rear-End Collision

On November 16, 2021, a driver sustained injuries when his 1997 Chevrolet truck was rear-ended by a 2019 Hyundai Accent on I-75 in Fulton County, Georgia. The plaintiff filed a lawsuit on January 21, 2022, alleging the defendant negligently operated the vehicle. Specifically, the plaintiff claimed the defendant failed to make reasonable observations, drive safely, apply brakes properly, or observe necessary precautions, and drove with reckless disregard for safety. The defendant had been cited for following too closely. The plaintiff sought general damages for injuries and pain, special damages for over $25,000 in past medical expenses and future costs, and compensation for income loss.

The defendant and the defendant's insurer initially asserted several defenses, including that the complaint failed to state a claim, that venue was improper, and that the plaintiff failed to specifically state special damages as required by statute. In June 2022, the court granted a consent motion to dismiss the insurer from the action without prejudice. The case then proceeded through discovery, with the parties obtaining two extensions for discovery deadlines.

The case ultimately went to trial, and on January 31, 2024, a jury in Fulton County returned a verdict in favor of the plaintiff. The court entered judgment against the defendant, awarding $226,000 in actual damages plus the costs of the action.