Local News Update
69-year-old Syble Cooper, of Flowery Branch, was reportedly killed in a Hall County dump truck collision Wednesday afternoon, April 8, 2015.
According to Gainesville Times, a dump truck crashed into an SUV near the intersection of Poplar Springs Road and Circassian Place, shortly after 2:00pm. It appears that the dump truck pushed the Honda SUV for sometime before coming to a rest in an adjoining yard. Sybil Cooper, the SUV driver, reportedly succumbed to injuries sustained during the crash.
The Georgia State Patrol is investigating and believes the dump truck may have lost control due to a “tire malfunction,” per media reports. Authorities have not yet announced whether the dump truck operator or owner will be facing charges.
Our Legal Take
The Murray Law Firm is following media updates of the accident closely and questioning what factors, such as speed or a lack of safety inspections, may have contributed to the tragedy.
It appears the dump truck pushed the Honda SUV well off the roadway. The speed limit on Poplar Road, near Circassian Place, is marked at 35mph. How fast was the dump truck traveling when it lost control?
Do tire treads and vehicle service records indicate when the dump truck tires were last inspected and changed? Does this tire model have a history of malfunction and, if so, what efforts have been made by the manufacturer to recall and repair this issue?
As the details of this tragic accident continue to emerge, and if the dump truck owner or operator is deemed to be at-fault, the family of Syble Cooper may seek to pursue a legal claim for negligence with the trucking company’s insurance carrier. Additional negligence claims may also be filed with the tire manufacturer, should a catastrophic malfunction have contributed to this accident. Negligence, under the law, is generally defined as a lack of the degree of care which would have been exercised by an ordinarily prudent person under the same or similar circumstances. Where negligence exists, the injured person or that person’s family may be entitled to an award of damages that could include, among other items, compensation for: pain and suffering; past and future medical expenses; loss of wages and future earning capacity; loss of consortium; and, emotional distress. If the facts of this matter warrant a negligence claim, it would not only be an avenue of justice for Ms. Cooper’s family, but would also serve as a critically-needed warning to all truck drivers to mind speed limits and to perform frequent safety inspections.
Based upon its prior experience in handling accident claims, The Murray Law Firm suggests that photographs and a thorough inspection of the scene and the vehicles involved will need to be performed immediately on behalf of Ms. Cooper’s family before any evidence may be repaired, altered, damaged or destroyed. It is imperative that all evidence be preserved to ensure that the family’s best interests are protected.
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You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:
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If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
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The Murray Law Firm has extensive and sucessful experience in representing victims of motor vehicle accidents such as this one, and we offer our legal expertise in this potential claim, if desired. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.