Marietta Tractor Trailer Accident Kills SUV Driver
A tractor trailer accident in Marietta killed one person on Saturday, July 9, according to NBC 11 Alive Atlanta. The accident occurred on I-75 near I-285. A Rav4 SUV made several unpredictable lane changes before colliding with a tractor trailer on the southbound side of the freeway. The Rav4 then rolled over a number of times before the driver, who was not wearing a seatbelt, flew from the vehicle. She was taken to Wellstar Kennesaw Hospital and pronounced dead. The Marietta Daily Journal reports that no charges have been filed in relation to the accident.
Most Deaths in Truck Accidents Are Car Occupants
According to the Insurance Institute for Highway Safety, most deaths in car accidents involving large trucks are not truck drivers but the drivers and passengers of small vehicles. In 2014, 3660 Americans died in accidents involving large trucks; 68% of these fatalities were in cars and other passenger vehicles, and only 16% were large truck drivers. If we only look at crashes between two vehicles, the numbers get even more stark: In two car accidents between large trucks and passenger vehicles, 97% of fatalities were the occupants of the passenger vehicle. Over the last 40 years, the number of deaths from these accidents has declined, but the rate of deaths of passenger vehicles has declined more slowly.
Georgia Law Holds Drivers Responsible for Wrongful Death
If someone dies in an accident in Georgia, their surviving relatives can sue the party at fault for wrongful death. In a wrongful death case, the survivor must prove that the other party failed to take reasonable care to prevent injury to the victim. Even if the deceased victim was partially at fault, the survivors can recover part of the damages if they can prove that the other party failed to take proper precautions, such as following the rules of the road. Of course, the deceased victim cannot recover if he or she was 50% or more at fault for the tractor-trailer wreck. The Georgia Commercial Motor Vehicle Traffic Code & Safety Rules is an example of the standards a driver needs to uphold.
Truck Drivers Have to Follow the Rules of the Road
Anyone involved in a car accident with a large truck faces tough odds of survival. If the driver of the car dies, his or her family can attempt to recover damages from the truck driver and the company who employs them. If the truck driver failed to follow the rules of the road or trucking regulations (state or federal), the surviving family members can argue that the driver was negligent and should be held responsible for damages. For example, under the Georgia Commercial Motor Vehicle Traffic Code & Safety Rules, vehicles cannot be more than 8’ 6” in width, and trailers cannot be more than 53’ long. If the large truck exceeded these limits and the size of the vehicle contributed to the accident, the survivors may recover under wrongful death.
Get Legal Help
If you or someone you know has been in an accident with a large truck, you need legal help fast. Contact a car accident attorney at Williams Elleby Howard & Easter for the advice you need.
