A University of Georgia work truck caused a serious car accident in Athens, Georgia that left a local woman with a permanent back injury that ultimately required spinal fusion surgery. The week before the case was set for trial, our Athens truck accident lawyer secured a $555,000 settlement—nearly five times her medical bills.
How the Accident Happened
The crash happened at the intersection of Oak Street and South Peter Street in Athens-Clarke County, Georgia.
Our client was driving on Oak Street, which has two lanes of traffic. She was driving in the left lane when a University of Georgia work truck attempted to turn left from South Peter Street onto Oak Street.
Another car stopped in the right lane of Oak Street waved the UGA work truck through. The truck driver assumed both lanes were stopped and began turning without confirming it was safe. The UGA work truck pulled directly into the path of our client. She braked and tried to stop, but couldn’t and crashed into the side of the truck.
Athens-Clarke County Police responded to the scene and cited the UGA work truck driver for failure to yield while turning left, in violation of O.C.G.A. § 40-6-71.
Injuries Caused by the Crash
The wreck hurt our client’s neck and back. She didn’t think she needed an ambulance, but had her husband drive her to the emergency room at Athens Regional.
Emergency room physicians diagnosed her with neck and back strains, prescribed pain medication and anti-inflammatories, and advised her to follow up with an orthopedic specialist if symptoms persisted.
While her neck pain got better within a few days, her lower back pain got worse.
Medical Treatment and Lumbar Fusion Surgery
Our client then went to Athens Orthopedic Clinic. The doctor confirmed the diagnosis of lower back strain / sprain, prescribed medications and referred her to physical therapy. Unfortunately, her back continued to hurt and the doctor ordered an MRI, which showed significant damage to her lower back:
- L4-5 Herniated Disc: A rupture in the disc that allows the inside to push out, irritating the nerves and making them painful
- Annular Fissure: A tear in the tough exterior of the spinal disc.
Over the next two years, our client tried multiple treatments to help with her back pain, including:
- Prescription medication
- Months of physical therapy
- Medial branch blocks: injections of local anesthetic into the nerves at the L4-5 and L5-S1 levels of her spine to calm them down and make them less painful
- Multiple epidural steroid injections: injections of a strong steroid into the space surrounding the herniated disc to reduce inflammation and pain
While the treatments provided temporary relief, the pain always returned. Eventually, it became too much to bear and was impacting her daily life too much.
Surgical Intervention: L4-5 Lumbar Fusion Surgery After Car Accident
Our client sought a second opinion from a neurosurgeon at Georgia Neurological Surgery. Because she had tried every other treatment with no lasting pain relief, the surgeon advised her that her options were to live with the pain or have surgery, and she decided to undergo the surgery.
She underwent an L4-5 lumbar transforaminal interbody fusion. This procedure involved:
- Removing the damaged portion of the herniated disc.
- Inserting a metal cage to replace the disc.
- Fusing the vertebrae together using metal rods and screws.
Although the surgery was successful, her recovery was difficult and required:
- Months of physical restrictions
- Extended physical therapy
- Long-term lifestyle adjustments
She improved after surgery but was never fully the same as she was before the wreck.
Lawsuit Against the State of Georgia Under the Georgia Tort Claims Act
Because the at-fault driver was a UGA employee driving a UGA vehicle, the case was governed by the Georgia Tort Claims Act, which allows citizens to sue the State but has strict rules including:
- Mandatory legal notice to the State called an “ante litem notice” that must be sent within a year of the accident;
- Special legal requirements for filing and serving the lawsuit;
- Damage caps of $1,000,000 per person and $3,000,000 per accident, regardless of how many people are injured or how bad their injuries are
Failure to meet every requirement will result in the case being dismissed, no matter how strong your case is or how badly you are injured.
Because the State is protected by the damage cap and because verdicts and settlements are paid with taxpayer money, cases against the State are more difficult than an average car accident case. The State usually does not make a fair settlement offer until the case is ready for trial.
Our firm prepared the case for trial by:
- Filing a lawsuit against the State.
- Deposing our client’s doctors to prove the wreck caused her injuries and spinal surgery;
- Preparing illustrations of the scene of the wreck and our client’s injuries and surgery;
- Preparing her husband, sister, friends, and co-workers to testify about the impact of her injuries on her;
$555,000 Settlement Reached Before Trial
The State initially refused to make a fair settlement offer. However, the week before the trial was set to start, the State increased its offer to $555,000, which our client chose to accept. We’re proud to have helped her and wish her the best in her continued recovery. If you or a loved one is hurt in a truck accident in Georgia, contact us today!
Frequently Asked Questions
Can you sue the University of Georgia after a car accident?
Yes, but claims involving UGA vehicles must comply with the Georgia Tort Claims Act, which has strict notice requirements and damage caps.
What is the deadline to file a claim against the State of Georgia?
An ante litem notice must be sent within one year of the accident, or the claim will be barred.
Is there a limit on settlements against the State of Georgia?
Yes. Georgia law caps damages at $1,000,000 per injured person / $3,000,000 per accident.