A traffic accident involving a car and a tractor trailer on I-285 earlier this month resulted in the death of a 36 year old man.
The accident reportedly occurred when when the man’s car struck a tractor trailer that had slowed down to avoid a car bumper that was in the roadway. The driver of the tractor trailer truck had slowed to a near stop when the collision occurred. According to witnesses, the man was traveling at a high speed just before the impact occurred.
According to police reports, the bumper was dislodged from another man’s vehicle, who had struck the retaining wall just prior to the tractor trailer collision. That man was later charged with a lane violation and 2nd Degree Vehicular Homicide. The driver of the tractor trailer truck was not charged.
This accident is, sadly, a vivid illustration of the fact that it may not be the driver who an individual collides with that is to blame or at fault for causing an accident.
In some cases, the actions of drivers may not result in a primary collision, but, as in this case, they may result in a secondary collision, or may cause some other sort of damage, such as that which may have been caused had a vehicle hit the bumper that was left in the roadway.
Car accident lawsuits are often brought under a negligence cause of action. This requires two things:
- That the driver responsible for causing the accident was driving in a negligent manner. This means that they were not driving in a way that a reasonably prudent person would. Common examples of this type of driving include things such as aggressive driving, excessive speeding, failure to stop at red lights or observe other relevant traffic laws.
- That this failure caused the plaintiff’s (person bringing the suit) damages.
This case is a good example of the requirement of these two elements, because the charges that the driver was charged with most likely meet the standard for proving the driver was operating his vehicle negligently. However, the second element is more difficult to prove, as the article mentions that the individual who was killed may have also been traveling at a high speed.
The victim in this case could potentially run into issues with Georgia’s comparative negligence law. This law states that if your own actions are found to be 50% or more responsible for your accident, you will be barred completely from receiving any compensation for your damages. If, however, you are found to be less than 50% liable for your accident, you can recover, but your final settlement will still take into account your relative amount of fault and deduct it from your award. Your Georgia car accident attorney will be able to fully advise you regarding the nuances and potential limitations of this rule.
If you or a loved one has been injured or killed as a result of another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen M. Ozcomert is an experienced Atlanta area car accident attorney with over two decades of experience, which includes years of successfully representing individuals and their families who have been injured or killed as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. We will treat your case with individual attention at the highest standards of quality and ethics. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.
More Blog Posts:
Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013
Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013