The story of Jose DeAnda

What happened to Jose DeAnda?

On a clear January night, Jose DeAnda of Fairburn, Georgia, was driving to Walmart to pick up new work boots. As he crested a hill, a semi truck made an illegal left turn in front of him. Jose could not swerve in time. He hit the side of the truck and died on impact.

He left behind a close, loving family: his parents, his younger brother and sister, and his cousins. Jose loved soccer, and his teachers all hugged him at graduation. He worked full-time while he waited to start his training.

His relatives remember a young man who was “very respectful, very loving…a great kid in school and a hard worker as well.”

His little brother lost his mentor: the hugs, the bond they shared and Jose's guidance.

The DeAndas came to us convinced that the truck driver's illegal turn caused Jose's death. We agreed, and we took the case.

What stood in the way of the DeAnda family's case?

The trucking company offered the DeAnda family nothing and would not admit its driver was negligent. Jose's car had struck the side of the truck, and black box data showed he was speeding. The truck was also moved from the scene quickly, and critical data was erased.

Speed mattered because of Georgia's comparative negligence rule. If you are less than 50% at fault, you can still recover damages, reduced by your percentage of fault. O.C.G.A. § 51-12-33 The black box data could have put enough fault on Jose to defeat the lawsuit his family filed in his name.

So the case turned on proof. Evidence had to be gathered from the scene before it disappeared, and we had to show that the truck driver and the trucking company were at fault.

Large trucking companies often keep a team of lawyers ready to contest any claim. In this case, Jose and his family were the underdogs. Read more about truck accident cases in Georgia.

How did The Scott Pryor Law Group build Jose's case?

The Scott Pryor Law Group took the case right away, because evidence from the scene was at risk. We proved the truck driver's fault. Then we showed the people deciding the case who Jose was, so they could see that his death was worth far more than its economic value.

We focused on two things.

• Jose's story. A “day in the life” video with his loved ones showed the remarkable young man he was and the good he brought to the world.
• Non-economic damages. The family's loss went beyond the funeral costs and the economic value of the case. Every member of his family suffered, and many grieved deeply.

How did Jose's case end?

Jose's case ended in a verdict for the DeAnda family that was significantly higher than compensation for economic damages alone. No amount of money can fill the space Jose left. The verdict eased the family's financial stress, so they could focus on healing.

The family has since given back to the community in Jose's honor.

If you lost someone in a crash, read about wrongful death cases in Georgia.