An Atlanta car accident recently occurred involving two vehicles, one driven by an off-duty officer. The other driver was speeding, according to witnesses, and crossed the centerline of the road, causing him to strike the other vehicle head on. The officer was taken to a hospital for treatment of his injuries, which are not considered life threatening. The other driver has been charged with driving with a suspended license, failure to maintain lane and driving in the wrong lane.
]]> Negligence governs the assessment of liability in motor vehicle accidents. The required elements to prove negligence are a duty owed to others, a breach of that duty that causes an accident and injuries that result from the accident. Negligence may be evidenced by various actions including disregarding traffic signals or conditions, speeding and improper lane changing, among many others. In this case, the driver was reportedly speeding at the time of the accident. Additionally, the driver crossed the centerline of the road for an unknown reason, creating a dangerous situation by driving in the opposite lane. Both of these actions may be enough to constitute negligence on his part in causing the accident, which led to the officer's injuries.The cause of the collision in this case appears to be the result of the actions of one of the drivers. If the victim can establish that these actions were negligent, he may be entitled to compensation from the other driver for his injuries.
Source: CBS Atlanta, "MARTA officer injured in Moreland Ave. accident," Mandy Milligan, June 7, 2013
]]>A recent Georgia car crash involving a van and a pedestrian resulted in the death of the pedestrian. The van struck the pedestrian at night, but the driver has not been charged. The pedestrian is reported to have been wearing a dark shirt and shorts and was carrying a dark bag containing alcohol. The driver of the van claims that the pedestrian was dancing in the road and appeared to be intoxicated at the time of the collision. Both the driver and the pedestrian were tested to determine their blood alcohol level and authorities are currently awaiting the results of those tests. The pedestrian also had improper identification on him, which has made it difficult for officials to determine where he lived or his relatives.
]]> Typically, liability in car accidents is assessed by applying the legal theory of negligence. The same is true when the accident involves a pedestrian. Under this theory, all drivers owe a duty to use a reasonable amount of care in their actions to prevent from creating a dangerous situation.Pedestrians, however, also have a duty use care for their own safety by avoiding situations that they should know to be dangerous. If a pedestrian fails in this duty, or contributes to the occurrence of an accident in any way, they may have contributory negligence for any injuries incurred in the accident. There are many actions that may constitute contributory negligence on the part of a pedestrian.
In this case, the pedestrian was reportedly wearing dark clothing at night, drinking and dancing in the road. All of these actions may indicate that the pedestrian contributed to the accident and his own injuries. This may prevent any recovery that he or his family may have had for the accident.
Source: Moultrie Observer, "Accident victim had bogus ID," June 3, 2013
]]>A Georgia car crash recently occurred involving two vehicles on an interstate exit ramp. A vehicle was exiting an off-ramp and turning onto another road when it was struck by another car. Two teenagers were in the other vehicle and were both injured and taken to nearby hospitals. A passenger in the car that was turning was also injured in the accident. The accident is very similar to another accident that occurred two weeks before this one involving the same ramp and road. Authorities did not indicate who was at fault in this accident, but stated that the car turning in the previous accident failed to yield while turning on the road.
]]> The assessment of liability in any motor vehicle accident typically hinges on the determination of which party was negligent. There are many actions that can evidence negligence, including speeding, disobeying traffic conditions, failure to signal a turn and failing to follow traffic signals, among many others. In the case above, liability has been determined between the drivers, however a similar accident occurred two weeks before this one that the car turning failed to yield the right of way. If the driver turning in this case failed to yield to the car that collided with them, this may be a negligent action on their part. If they are found to be negligent, they may be liable to those injured in any action stemming from the accident.There are many actions that may demonstrate negligence by the operator of a motor vehicle. Those injured in an accident should be aware of the circumstances that may indicate negligence, as well as their possible right to recovery for any damages.
Source: FOX 24 News Central GA, "Three Injured in Hartley Bridge Road Accident," May 23, 2013
]]>A fatal accident recently occurred in Georgia involving a bicycle and a car. The bicyclist was travelling on a highway and was struck from behind by the vehicle. The driver of the vehicle failed to stop at the scene of the accident and continued travelling on the highway after colliding with the bicyclist. The bicyclist died as a result of their injuries.
]]> Motor vehicles are required to share the roadway with bicycles under certain circumstances. Any accident involving these two forms of transportation will determine liability using the theory of negligence, as with any other motor vehicle accident. Negligence may be found on the part of the driver through activities such as speeding or driving in a bike lane. Bicyclists may also be negligent in their actions, which may be evident by travelling in the wrong direction on a road or turning quickly into traffic. If they are found to be negligent, they may lose any or all of their recovery for contributory or comparative negligence.This assessment of liability will likely factor into the outcome of any wrongful death action if they are brought pursuant to such an accident. The State of Georgia allows the spouse or children of victim's of fatal accidents to bring a wrongful death action against the party in fault to receive compensation. To be successful, they must show that the defendant was negligent or reckless, and that such actions led to the death of the victim.
Bicyclists are offered little protection from injury when travelling on roadways that are shared with other vehicles. If a bicyclist is fatally injured in an accident, their immediate family members should be aware of any rights to compensation to lessen the financial impact that results.
Source: CBS Atlanta, "Bicyclist struck and killed in Augusta hit & run," May 15, 2013
]]>A recent truck accident left two men dead. The accident occurred on March 27 in Southwest Missouri. A tractor trailer driver crashed into three cars in the accident. The driver has now been charged with two counts of involuntary manslaughter.
]]> The truck driver smashed the two cars into another tractor trailer. The truck was stopped at a light and the other two cars were stopped behind him. Then the man who has since been charged with criminal offenses hit the car closest to him, crashing that car into the other car and truck.The prosecutors in the case cite many common truck issues as the reason for the crash. The prosecutors claim that the driver had been on the road for too many hours, did not brake and was speeding. They claim this combination was the cause of the accident.
Because of the size of the average truck, accidents involving trucks are often serious and sometimes fatal. Common causes of truck accidents include an overloaded truck, a truck with poor upkeep or an overtired driver. The good news is that the victims in these types of accidents do have legal options to recover compensation.
Source: KCTV5, "Truck driver bound over in double fatal wreck," May 2, 2013
]]>A woman was recently arrested for her actions in a Georgia car crash that occurred late last year. The woman was driving her car on a highway when she struck a pedestrian who was walking alongside the road. The pedestrian was a 12-year-old girl who died at the scene. The driver remained at the scene of the accident and alerted authorities. The driver has been arrested on charges of homicide and changing lanes improperly.
]]> Liability in car accidents is assessed using negligence. This is also true for accidents involving cars and pedestrians, as opposed to only motor vehicles. Both drivers and pedestrians can be found to be negligent based on the circumstances. Drivers must use appropriate care in their actions, while pedestrians must protect their own safety and avoid dangers of which they should be aware. Although negligence is often the basis for assessing liability in an accident, drivers who are deemed to have acted recklessly can be held liable as well.Actions that constitute reckless driving include speeding, improper passing and improper lane changing. An improper lane change can be defined as a failure to signal properly or a failure to see that a lane change can be made safely. In this case, the driver is charged with changing lanes improperly, which authorities believe caused the accident. If the driver is found to have improperly changed lanes, she may also be liable for the victim's injuries and any other costs associated with the accident.
Pedestrians should be aware of their rights and responsibilities on the road. If they are injured in an accident with a motor vehicle, they should know of their possible right to compensation and the circumstances that must be present to do collect.
Source: My FOX Atlanta, "Woman arrested in accident that killed 12-year-old girl," May 2, 2013
]]>A fatal accident recently occurred in Georgia involving a school bus and a five-year-old girl. The girl was facing away from the bus when she walked into the side of it. The bus was in the course of turning left when the girl walked into it. She was struck by a rear tire of the bus and it ran over her torso. She died as a result of her injuries.
]]> The death of a human being that results from the negligence or improper conduct of another is considered a wrongful death. The damages from any resulting legal action are an assessment of the financial value of the victim's life. This determination can be difficult to make for any person, but it becomes increasingly so when the victim is a child. The factors applied for such a determination include the age, health, life expectancy and earning potential of the child. It also involves the health and circumstances of those seeking to recover, which is typically the child's parents. The younger a child is at the time of a wrongful death, the more difficult determining an accurate award becomes. Often times, the award for the wrongful death of a child is small, due to the uncertainty surrounding their life expectancy and future earning capacity.Family members of wrongful death victims should be aware of the elements required for a successful case, as well as the factors involved in determining a damage award. Although such a recovery will never equate to their loved one, it can help mitigate any financial costs they may have incurred.
Source: CBS Atlanta, "Ga. girl, 5, killed in bus accident," Apr. 22, 2013
]]>An Atlanta truck accident recently transpired involving a FedEx truck with two trailers and a car. The truck collided with the car while attempting to switch lanes, sending both vehicles off the road. The truck jackknifed, causing it to overturn and land on its side. The driver of the FedEx truck, who was not wearing his seat belt, was ejected from the passenger side of the truck. He died at the scene of the accident. The driver of the car was taken to a nearby hospital with pain in his back and neck. Authorities are still investigating the accident.
]]> Motor vehicle accidents that involving commercial trucks follow the same rules in determining liability as other accidents. If the driver of a truck is shown to be negligent, they may be liable for any damages that result. However, when trucks are involved, there exist certain circumstances unique to them that are not encountered by other vehicles including wide turning and jackknifing. Jackknifing, as found in this case, typically occurs when a truck brakes suddenly or turns sharply, such as when on slippery roads or when avoiding other drivers. Although jackknifing in itself is not evidence of negligence, it may show that a driver was failing to use the proper level of care if the circumstances were in their control. The truck driver in this case was hauling two trailers and collided with another vehicle, which likely caused his truck to turn sharply.Jackknifing is a highly dangerous action that puts truck drivers and other at risk of severe injury. Although not inherently evident of negligence, it may be enough to indicate that a truck driver was negligent if he could have avoided it.
Source: NBC 11 ALIVE, "Tractor-trailer driver dies in 2-car wreck on I-285," Holly Pennebaker, Apr. 12, 2013
]]>A Georgia car crash recently occurred that resulted in the death of one person, and injuries to two others. The accident occurred when a driver passed another vehicle in a no passing zone, sped around a curve and entered the opposite lane. The car collided with a pickup travelling in the opposite direction, setting the car on fire. The driver of the car was killed in the collision, and the driver of the pickup was airlifted to a nearby hospital. A state trooper then collided with the car upon arriving at the scene of the accident, resulting in minor injuries to the officer. The trooper had witnessed the car tailgating another vehicle and driving aggressively prior to the accident and was intending to make a traffic stop when the accident occurred.
]]> Often, the question of liability is based on a determination of negligence, but in some cases it can be established if one of the drivers was reckless. Reckless driving is intentional, unsafe driving that shows a disregard for the possibility that such actions may cause an accident. Behaviors that demonstrate reckless driving include speeding, failing to see if a movement may be made safely and improper passing. The driver in this case was witnessed by an officer tailgating another vehicle and driving aggressively. Additionally, the accident occurred when the driver attempted to pass another vehicle in a no passing zone. These actions may evidence reckless driving on his part, and his estate may be liable for any damages suffered by the driver that he collided with.Reckless driving is an aggressive activity that makes the road even more dangerous. Victims injured by a reckless driver should be aware of what constitutes reckless driving and their possible rights to compensation.
Source: Access North Georgia, "Dahlonega man killed in fiery crash on Hwy. 9," B.J. Williams, Apr. 10, 2013
]]>An Atlanta man is facing charges pursuant to a fatal accident involving a child pedestrian. The man was driving when he struck a 12 year-old boy and fled the scene. The young boy died as a result of the injuries he suffered in the accident. The driver later surrendered to authorities and turned himself in. The man is charged with vehicular homicide, DUI, failure to yield or maintain lane and reckless driving, among other charges.
]]> Every state has a statute or set of statutes governing the procedures of a wrongful death action, and Georgia is no exception. Under Georgia law, the spouse or children of the victim of a fatal accident may bring an action for damages against the party at fault. In certain cases, parents may be able to bring such an action as well. Damages in such cases are typically measured as the financial loss created by the victim's death. Such a determination can be made more difficult when the victim is a child, as in the case above. The actual pecuniary loss suffered by a child's parents is often minimal. The factors included in such a determination include the child's age, health, life and work expectancy and earning potential, as well as the circumstances of those bringing the action. The younger a child victim is, the more difficult such an assessment can be. Juries may use life expectancy charts, but such guides invoke speculation and can make awards difficult to affirm if they are too large.There are numerous factors involved in determining a damage award in a wrongful death action. However, when a child is the victim, this assessment can be very difficult to make and can often lead to a smaller award. The parents of child accident victims should be aware of these factors and their potential rights to a damage award.
Source: Athens Banner Herald, "Man arrested in Atlanta crash that killed 12 year old," Apr. 2, 2013
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]]>Two people were killed and four others injured in a recent Georgia car crash. The accident occurred when an SUV collided with a car containing six people. The driver of the SUV was eluding police after they discovered cocaine in his hotel room. Police lost track of his whereabouts, but discovered where he was when they learned about the accident. The driver of the other vehicle, as well as three passengers suffered injuries that required them to be hospitalized. Two other passengers were killed in the accident. The driver of the SUV has been charged with vehicular homicide, fleeing the scene and drug charges, among others. Six of the charges are felonies.
]]> As with any motor vehicle accident, liability for damages is typically dictated by negligence. However, liability may also be established if one of the drivers was reckless in their actions. Reckless driving is intentional, unsafe driving that demonstrates a disregard for the possibility that their actions may lead to an accident. Actions that may indicate reckless driving include speeding, excessive lane changing and failure to pass safely. The driver in question in the case above was attempting to elude police at the time of the accident. Leading police on a pursuit may evidence a disregard for the safety of others on the roadway, especially if the driver uses high speeds and repeated lane changing to do so.Drivers who choose to elude police are liable for injuries or damages incurred as a result of their actions, in addition to any criminal charges they may face. Drivers, passengers and pedestrians injured by a driver being pursued by police should be aware of their right to compensation.
Source: FOX 5 Atlanta, "Man facing multiple charges after slamming SUV into car," Aungelique Proctor, Mar. 22, 2013
]]>A Georgia man is expected to plead guilty to charges stemming from a fatal accident that occurred last year while he was driving under the influence. The man was driving in the early morning hours, when his vehicle crossed the centerline while rounding a curve and collided with a vehicle travelling in the opposite direction. The driver and passenger in the other car were both killed in the accident. An investigation found that the man had multiple drinks that night and had told others that he would not drive his vehicle.
]]> All states have a civil wrongful death statute that governs the requirements for bringing a wrongful death action, and Georgia is no exception. Under the Georgia statute, the spouse or children of the victim of a fatal accident are allowed to bring an action against the party at to compensate them for their damages. To bring a successful action, they must show that the defendant owed the victim a duty of care, typically assumed since all drivers owe a duty of reasonable care to others on the road, that they breached such duty and caused the victim's death as a result.In addition to these financial damages, drunk drivers may be subject to punitive damages as well under Georgia law. Georgia courts have held that driving under the influence evidences intentionally willful, wanton conduct that demonstrates a total want of care, since it puts others at a heightened risk of serious injury and even death. Therefore, drivers that are under the influence at the time of an accident, as in the case above, are subject to actual monetary damages and may also be liable for punitive damages for their actions.
Drunk drivers may be subject to significant liability for their actions. It is important that victims or their family members are aware of their rights to both financial and punitive damages in such cases and the proof required to be entitled to such.
Source: Douglas County Sentinel, "Plea expected from suspect in 2012 fatal Post Road crash," Mitch Sneed, Mar. 17, 2013
]]>An accident recently occurred in Georgia involving an SUV and a bicycle. A teenage boy was riding the bike when two vehicles approached behind him. The boy thought there was only one car and switched lanes and rode in front of the second car. The second vehicle collided with the boy, launching him into a ditch. The boy died at the scene of the accident. No charges have been filed against the driver of the SUV at this time.
]]> A wrongful death exists when a person is killed as a result of the negligent actions of another person or entity. Every state has a statute that governs the procedures for brining a civil wrongful death action, and Georgia is no exception. Georgia's wrongful death statue allows the spouse or children of the victim of a fatal accident to bring an action for damages against the at-fault party. To bring a successful action, the plaintiffs must show that the defendant owed the victim a duty of care and breached that duty. Since every driver has a duty to use reasonable care in his or her actions, this element is almost always present. Additionally, the plaintiffs must show that the defendant's breach caused the victim's death. If the plaintiffs are able to establish the defendant's liability, the next step is to determine the amount of damages to which they are entitled. The damages awarded are meant to be equal to the financial value of the victim's life. There are numerous factors involved in this determination including medical and funeral costs, loss of future earnings and age of the victim, among many others.The family members of wrongful death victims can face severe financial damages related to an accident. It is important that they are aware of their rights to compensation and the proof required to be entitled to such damages.
Source: CBS Atlanta, "Ga. teen struck, killed in bicycle accident," Mar. 11, 2013
]]>A Georgia woman recently pleaded guilty to charges of vehicular homicide and causing serious injury by vehicle. The charges stemmed from an incident in which the woman crossed the centerline while driving her car and struck another vehicle. The driver of the other vehicle was killed in the accident and two passengers in her vehicle were injured as well. The woman was sentenced to five years in jail and ten years probation for her actions.
]]> A determination of negligence is typically used to assess liability in the event of a motor vehicle accident. Under this theory, every driver is held to owe a duty to use reasonable care in the operation of their vehicle to preserve the safety of others on the road. A defendant is negligent if the plaintiff can show that they owed this duty and breached it, that said breach caused the accident and that the accident caused the plaintiff's injuries. There are numerous actions that can evidence negligence including disregarding traffic signs and speeding. Additionally, a defendant can be held liable if their actions are reckless. Such conduct disregards that their conduct may cause an accident. Reckless actions include improper lane changing and passing.A lack of focus or a failure to understand the consequences of improper actions can lead to an auto accident. Due to the steep consequences for both the injured party and the party that caused the accident, drivers must be careful in their actions and do everything they can to prevent an accident. In the event an accident occurs, victims should be aware of their rights to compensation.
Source: Barrow County News, "Woman to serve jailtime in vehicular homicide case," Stanley Dunlap, Mar. 4, 2013
]]>A Georgia man recently pleaded guilty to charges stemming from a fatal accident that occurred a couple years ago. The man was driving a vehicle when he struck another vehicle after running through a stop sign. A passenger in the other vehicle was ejected from the car and died at the scene. The man left the scene of the accident, but authorities were able to track him down using a trail of antifreeze that was leaking from his vehicle. He had hidden the vehicle behind his home and another car, but officials discovered it and arrested him after questioning. He pleaded guilty to charges of vehicular homicide, unsafe and reckless driving and DUI, among other charges.
]]> The death of a person as a result of the negligent actions or improper conduct of another individual or entity is defined as a wrongful death. Every state, including Georgia, has a wrongful death statute that governs who may bring a wrongful death action and the circumstances that must exist for such an action. Georgia's statute allows the spouse or children of a wrongful death victim to bring an action for damages against the party at fault. To be successful, they must prove that the defendant owed the victim a duty to use reasonable care, that they breached said duty and such breach caused the victim's death. If successful, they will be entitled to damages equivalent to the financial value of the victim's life.Additionally, in cases involving a drunk driver, they may be entitled to punitive damages. Georgia courts have ruled that intoxicated driving demonstrates an intentional want of care because it places other at an increased risk of injury or death.
Drunk driving is a careless and unnecessary action that places others at increased risk of injury and exposes the driver to greater liability. Family members of victims of such accidents should be aware of their rights to compensation.
Source: CBS Atlanta, "Ga. man sentenced in fatal hit & run crash," Feb. 26, 2013
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