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$5,000,000 Settlement for Disputed Liability Trucking Crash Fatality

A Midwest trucking company touted its dedication to safe driving. However, one of their employees operating an 18-wheeler neglected to check for oncoming traffic while entering a Georgia intersection. Consequently, the large trailer rolled right in front of 48-year-old Dwayne and obstructed all southbound lanes. Dwayne, who was on his way home in his family minivan to celebrate his wife’s birthday, had nowhere to go. He crashed into the underside of the trailer and was killed. James A. Robson of Glass & Robson, LLC represented Dwayne’s family against the transportation company and obtained the $5,000,000 policy using an accident reconstruction animation in his demand package.

After receiving the complaint against the driver and his employer, the Defense attempted to dispute liability for the crash. Their attorneys argued Dwayne had comparative fault for not noticing the truck pulling out. Moreover, they contended the intersection was defectively designed and that the city was responsible. Indeed, James reviewed the evidence collected at the scene and realized the photos taken of the wreck failed to contextualize what happened.

James retained an accident reconstructionist and a human-factors expert to verify the events leading to the collision. Did Dwayne have enough time to avoid the crash? As he worked up the case, James brought on DK Global to collaborate with him and his experts. The accident reconstructionist determined that the driver pulled out in front of Dwayne when he was only 400 feet away. Ultimately, the team created an accident reconstruction animation showing the timing and distances of the crash, establishing Dwayne had no time to react.

The animation began with a 3D model of the intersection. Then, with the human-factors expert’s direction, the Defendant’s line of sight was depicted, showing he had enough time to see Dwayne approaching. The Defendant’s point-of-view from inside the vehicle illustrated Dwayne in clear view to his left. As the Defendant proceeded into the intersection, Dwayne was shown in the side-view mirror crashing underneath the trailer. Next, the collision replayed from Dwayne’s view, showing it was impossible to avoid the impact. Finally, a photo taken at the scene was superimposed onto the animation, verifying its accuracy.

James included the animation in his demand package, requesting the carrier’s entire $5,000,000 policy. He stated that if they refused to tender the full amount, he would play the reconstruction for a jury during the trial, putting the Defendants at risk for a verdict larger than the policy limit. After reviewing the demand, the visual, and his expert testimony, the Defense settled the matter for $5,000,000.

For over 15 years, James A. Robson has represented those devastated in personal injury and wrongful death matters. Before co-founding Glass & Robson, LLC, James worked for one of the largest insurance defense firms in Georgia and now uses his prior experience to help his clients attain justice. As a result, James received an “AV” rating from Martindale-Hubbell, a prestigious achievement given to the most successful attorneys for their expertise. Additionally, James has been selected among Georgia Super Lawyers as a “Rising Star” for more than ten years.

"Upon seeing the animation that DK Global had prepared for us in collaboration with our experts, the mood and the opinions of every single person in that focus group did a 180."
James Robson – Glass & Robson, LLC
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