When a car meets an 18-wheeler head on, the results are not pretty. In cases like this, it is critical to know who was at fault for the accident.
Let’s take a look at a real life case example. Picture a big rig barreling down the interstate heading west. On the other side of the highway route, a car is traveling east. The car, for some unknown reason, suddenly veers left of the centerline, causing the semi to swerve to avoid the car. While the intention was there to avoid an accident, in reality, the defensive driving maneuver the trucker took failed. The car was subsequently stuck under the big rig.
It will come as no surprise that the driver of the car was pronounced dead at the scene. An open and active cell phone was found by police lying on what was left of the front seat of the car. The accident also caused an oil and gas spill.
On the surface, it appears that the cause for this crash may have been that the driver of the car was either texting or talking on the cell phone just prior to the fatal collision. If that happens to be the case, and this is subsequently proven by the police, then the family of the deceased car driver will have a difficult time filing a wrongful death lawsuit.
If the car veered left of the centerline because the semi was not in his own lane and the car driver was trying to avoid hitting him, this would be another matter entirely. This is just one of the reasons why it is critical to know what happened to cause accidents like this in the first place.
Generally speaking, if you have any questions about a big rig fatality or severe injury, it’s best to speak to a highly skilled Atlanta personal injury attorney. The attorney will be able to assess the case and also determine where the fault may lie for the accident.
Big rig accidents are difficult cases for everyone involved and the personal injuries of the survivors can be catastrophic. If the car driver had survived in this example and was successful in proving the semi caused the accident, there would have likely been a good chance that a court would award damages for pain and suffering, medical bills, therapy, rehabilitation, and perhaps punitive damages if the negligence on the part of the truck driver was considered to be egregious.
The most important thing in determining liability in an accident is to make sure your attorney is fully aware of all of the details in order to be able to assess the case; start collecting evidence if necessary; gathering police reports; and getting photos of the accident scene, etc. Never underestimate the value of having a good attorney to fight for you if you are the survivor of a big rig accident.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.