Teresa, from Unadilla, calls in asking about her case as an 18 wheeler truck driver. She and her husband, who are a driving team, were leaving Lawrenceville, on Hwy 341, headed south on Tuesday, March 15. It was raining heavily that day. As their truck rounded a curve, they saw that the DOT (Department of Transportation) had set up a flagman to the right about 500 feet from the curve to stop traffic. There had already been an accident, which the DOT was trying to ‘block off’. Yet with no prior warning before the curve, Teresa and her husband were committed to their speed and unable to stop their truck in time, thereby causing a second accident.
Attorney Carl Reynolds, advises her to seek an attorney’s services immediately as she most likely has a “cause and affect” case. He also points out that the DOT uses independent contractors to set out warning barrels and those sorts of jobs. She and her attorney must determine if the “cause and affect” case is against the DOT or an independent contractor who might have been employed at that incident. If the DOT was in charge of the scene, then she has one year to file an Ante Litem Notice with the State of Georgia. If an independent contractor was employed on the scene, then she has two years to file the Ante Litem Notice against the contractor. This would be to make a claim against any damages to their truck or physical injuries they may have suffered.
Attorney Wendell Horne points out that their law firm had successfully handled a case very similar to her case. Luckily, the drivers in both cases were not seriously injured.