DeKalb County Tow Truck Accident Verdict

DeKalb County Tow Truck Accident Verdict

DeKalb County Jury Awards $29.5 Million in Georgia Tow Truck Accident Case

A DeKalb County, Georgia jury has returned a $29.5 million verdict in a personal injury lawsuit involving a tow truck and a child riding a bicycle in a residential neighborhood. The case, Dingess, et al. v. Hasan, et al. (No. 23A02919), was tried in Georgia State Court and reflects the continuing impact of Georgia’s 2025 tort reform laws on high-stakes injury litigation.

Georgia Jury Apportions Fault in Child Bicycle Accident

During the liability phase of trial, jurors apportioned responsibility for the 2023 collision as follows:

• 45% to tow truck driver Zartavius Hasan and his employer, Associates Asset Recovery
  
• 45% to the child’s mother
  
• 10% to the child
  

Under Georgia’s comparative negligence statute, the apportionment substantially reduces the defendants’ share of the verdict. Although total damages were set at $29.5 million, the defendants’ base liability is expected to be approximately $13.275 million, before interest and statutory additions.

Tow Truck Accident Facts and Liability Arguments

The accident occurred as the child rode her bicycle near a driveway in a residential neighborhood while the tow truck traveled along the roadway. Liability evidence included accident reconstruction analysis and video footage.

Plaintiff’s counsel argued the driver was traveling too fast for neighborhood conditions where children were present and that reduced speed would have avoided the collision. The defense countered that the driver was within the posted speed limit, slowing as he approached, and that the child entered the roadway suddenly from behind parked cars. Defense counsel also emphasized parental supervision issues as a contributing factor.

Damages Dispute Focuses on Traumatic Brain Injury

In the damages phase, the parties sharply disagreed over the long-term impact of the child’s traumatic brain injury.

Plaintiff experts testified that the child would require extensive, possibly lifelong care. Defense experts opined that meaningful neurological recovery was likely over time. The defense requested approximately $5.5 million in damages, while the plaintiff sought more than $86 million, largely for future medical care and pain and suffering.

The jury ultimately awarded $29.5 million, falling between the competing damages models.

Georgia Tort Reform and Bifurcated Trials

The case was tried under Georgia’s 2025 tort reform legislation, which mandates bifurcation of liability and damages in certain civil actions. The procedure resulted in separate openings and closings for each phase.

While plaintiff’s counsel criticized bifurcation as inefficient, they also argued that separating the phases allowed jurors to focus exclusively on damages once liability was resolved. The defense bar has generally supported bifurcation as a way to reduce prejudice in liability determinations.

Insurance Policy Limits and Post-Verdict Exposure

Plaintiff’s counsel has stated that settlement offers within $1 million policy limits were rejected prior to trial. As a result, defendants now face potential exposure well beyond policy limits, including pre-judgment interest, attorney fees, and litigation costs, which could raise total liability into the $20-plus million range.

Key Takeaways for Georgia Personal Injury Litigation

This verdict highlights several important trends in Georgia civil litigation:

• Comparative fault findings can dramatically reduce verdict exposure
  
• Policy-limits decisions carry significant post-verdict risk
  
• Bifurcated trials are reshaping trial strategy in catastrophic injury cases
  
• Child injury and traumatic brain injury claims continue to drive high jury awards
  

As courts continue to apply Georgia’s tort reform framework, cases like this provide early insight into how juries evaluate liability, damages, and fault apportionment in serious injury matters.

For legal counsel on high-stakes personal injury and commercial litigation in Georgia, with a focus on comparative negligence and tort reform implications, contact HBLG.law.

If you or a loved one were injured in a serious truck or towing accident, experienced representation can make a critical difference. Contact Haug Barron Law Group to discuss your case and pursue the compensation you deserve.