Pam Transport Class Action Lawsuit
Difference Between a Transport Class Action Lawsuit and an Auto Accident Class Action Lawsuit
In 2021, Tammy Houghton and Markham Ware of Atlanta, Georgia were injured when their van was struck by a tractor-trailer while they were making an interstate drive. Their injuries were serious and required months of rehabilitation. On July 9th, they received a Lawsuit Certification from the American Association of Personal Injury Lawyers (AAPL) and commenced their roadside Assistance Class Action Lawsuit against the tractor-trailer. The accident was captured on video by a truck driver who witnessed the accident.
The accident occurred as the tractor-trailer was traveling in excess of fifty miles per hour.
According to the affidavit sworn by the truck driver, he saw Mr. Houghton hit the front passenger side of the vehicle, causing her to enter a coma. Ms. Houghton finally passed away at the age of twenty-one. Mr. Ware suffered various injuries, which included broken bones, spinal cord injuries, and a punctured lung.
On the date of the accident, Tammy Houghton contacted her personal injury attorney, stating that she wanted to file a claim against the tractor-trailer driver. According to her attorney, she had been driving without any seat belts on, which according to Georgia law is a violation. She told her attorney that although the accident was not her fault, that she believed the truck driver was liable for what happened to her because he did not wear a seat belt, which is required by law in that state.
When interviewed by a deposition expert, Tamara Ware explained that the day she suffered her injuries, she had no recollection of hitting the rear of the vehicle.
According to Tamara, however, she drove the vehicle for approximately eighteen hours prior to the accident. Further, according to Tamara, she never recalled having intercourse with the male driver during this time. Based on the foregoing information, we believe it is reasonable to assume that Tamara knew from prior experience that a transport class action lawsuit is available in cases involving claims involving injuries caused as a result of automobile accidents.
The ultimate question in this regard is whether or not Tamara was a competent driver at the time of the accident.
Based on the answers to both of these questions, it appears that Tamara was not competent to drive. Pursuant to the applicable statutes, Tamara was not entitled to compensation under the circumstances described above. If, however, there was evidence that Tamara was competent to drive, that fact will be considered by the trier of fact in the case of a transport class action lawsuit. Assuming that Tamara was competent to drive, there is no reason why the trier of fact should not find her liable for this injury because there was a valid trucking industry safety standard that was not implemented properly in this case.
The issue also arises whether a transport class claim case should be allowed to proceed against an insurer-insured driver who was at fault for the accident.
While we recognize that insurance coverage generally will cover any injuries that occur in an auto accident, this is not always the case. In this instance, if the claim does proceed against an uninsured driver who was at fault for the accident, it is likely that the judgment in the case will favor the insurer.
This issue should also be addressed in any transport class action lawsuit that involves a claim for medical expenses arising from an automobile accident.
In many instances, plaintiffs will move forward with their claims even after they have suffered serious injuries. This is often because they do not understand that any damages that are awarded in a court of law will ultimately be paid by the defendant (the defendant in this instance is the insurance provider). In order to avoid having this problem, we recommend that you hire an attorney experienced in handling medical claims. Such an attorney can make sure that your case is not forced into one that you were not properly prepared for.
As you can see, there are a number of differences between a transport class action lawsuit and an auto accident class action lawsuit. It is important to keep this distinction in mind when you are preparing your claim. Many people are hesitant to move forward with either lawsuit type because they believe that the outcomes may be different. However, the reality is that an injury case will almost always be able to move forward on fairly similar grounds. The same is true when you are considering filing a PAM transport class action lawsuit.