An accident last month led to the death of a seven month old baby and 20 year old young man, when a 22 year old woman decided to race her vehicle on Interstate 20 in Conyers.
According to various reports, the woman was racing her Honda Accord, when she suddenly lost control of the vehicle, causing it to hit a guardrail, and then reverted back into oncoming traffic. The car was then hit by an oncoming pickup truck. Both of the passengers in the Honda were killed, and the woman was taken to the hospital for non-life threatening injuries.
Additionally, the accident led to a secondary collision, when another driver was attempting to slow to avoid the accident, and was hit from behind by another vehicle.
Unfortunately, due to the circumstances involved in this case, it is demonstrative of several different principles in Personal Injury Law and most notably probable negligence claims.
Taking the issues raised in this case and isolating them as facts in a hypothetical case, we have the driver’s decision to engage in a road race. Deciding to engage in this behavior is potentially negligent because it is considered to depart from the way in which a reasonably prudent (safe) driver would drive. In addition to the risk to those in the car, there is also the potential risk to any other drivers or pedestrians on the roadway. Secondly, in terms of the causation element of negligence — as you must prove that the negligent behavior led to the accident — the racing allegedly caused the car to enter traffic, which then led to the collision with the pickup, killing the two passengers. These elements, if true, provide a potential basis for a negligence or wrongful death claim.
As to the second accident, the driver may have a case against the driver of the Honda. However, this is a fact sensitive matter, because if the driver who crashed into this second driver was engaging in negligence, they would likely be responsible for the damages caused.
Individuals harmed in auto accidents due to another driver’s negligence could potentially pursue a personal injury lawsuit under a negligence or wrongful death cause of action. In either type of case, potentially recoverable damages include things like pain and suffering, hospital bills, lost wages, loss of companionship, funeral expenses and, in some cases, punitive damages.
If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. By hiring our law firm, you can count on personal attention, excellent quality representation, and high ethical standards. Stephen Ozcomert is an experienced personal injury attorney, with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. 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:
Former NBA Player involved in Tragic Car Accident in Suburban Atlanta, Atlanta Personal Injury Lawyer Blog, published June 13, 2013
Tow Truck Slams into Car in Tragic Accident on Atlanta’s Westside, Atlanta Personal Injury Lawyer Blog, published June 5, 2013