Drunk Driving and Liability for Negligence

Drunk Driving Liability Negligence Wrongful Death Personal Injury Attorney Georgia

Driver of Pickup Dies in Fiery Wreck

A driver is dead after a drunk driving accident in Cobb County led to a fiery crash, The Atlanta Journal-Constitution reports. The accident occurred on Saturday, August 6 in Austell. The driver swerved through an intersection before hitting a tree in a parking lot. No other vehicles or pedestrians appear to have suffered any damage during the incident.

Driver was Drunk and Speeding Before Crash

The accident took place at about 4:15 in the morning on Saturday. The driver of a Dodge Ram pickup truck drove through the intersection of Old Alabama Road and Gordon Road and began to move into the next lane of traffic. The truck continued to drive at an angle until leaving the road and driving through an adjacent parking lot. Next, the truck hit a tree and burst into flames. Police believe that the driver was intoxicated and that he was traveling at a high rate of speed. There are currently no reports as to why the vehicle caught fire after the collision with the tree. Police have not yet released the identity of the driver, although the Cobb County Medical Examiner is currently working to determine who he is.

Violating Rules of the Road Makes Drivers Liable for Negligence

Luckily, it appears that no one other than the driver suffered any injuries in the collision. If they had, though, the driver would likely have been held liable for negligence.  Negligence lawsuits seek to hold a person liable for failing to exercise reasonable care in a way that leads to injuries to others. When it comes to driving, exercising reasonable care means following the rules of the road. Here, the driver failed to maintain a lane, which is the direct cause of the accident. It also appears that he was violating the speed limit when the wreck happened. Perhaps the most serious law that the driver was violating was the law against driving while intoxicated which can lead to punitive damages awards in Georgia.

Drunk Drivers Can Be Liable for Negligence in an Accident

If his blood alcohol content (BAC) was over .08 (the legal limit in Georgia), he was also violating the Georgia Code. According to section 40-6-391, drivers are prohibited from driving if they have a BAC limit of .08, while commercial drivers have a limit of .04. Drivers under the age of 21 have an even lower limit of .02 BAC. Not only can violating these laws lead to criminal prosecution, it can also lead to civil liability. That means driving drunk can make a driver responsible for money damages if he or she causes an accident. In some cases (especially a hit-and-run case), there may not have been a breathalyzer test after the accident to determine if the driver was under the influence of alcohol at the time of the collision. But in a case like the accident on Old Alabama Road, other factors such as the apparent speed of the accident and the driver’s failure to maintain a lane would make him liable in a negligence lawsuit regardless of alcohol.

Get Legal Help

If you or someone you know has been injured in a car accident, it is imperative that you contact a lawyer. Get in touch with an experienced car accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Who Pays for Accidents at Dangerous Intersections?

State of Georgia Liable for Dangerous Intersections Wrongful Death Personal Injury Case Attorney

Parent Urges State to Make Intersection Safer

Cobb County residents are petitioning the Georgia Department of Transportation to improve an intersection they say has caused numerous car accidents, according to WSB-TV 2 Atlanta. The intersection, the crossing of Meadows Road and Lewis Road, was the site of an accident this past week. There have been several more accidents at the intersection over the last several years. The mother of one of the teenagers who sustained injuries in the recent accident wants the state to install a four-way stop at the intersection.

Crash Blinds High School Athlete

The most recent accident occurred on Saturday, August 6, at around 2pm. A car filled with football players from McEachern High School in Powder Springs crashed. The driver, an honors student, lost an eye in the crash, and will likely suffer from facial deformity. The passengers sustained broken bones in the accident. The Atlanta Journal-Constitution reports that almost all of the Atlanta metro area’s most dangerous intersections are outside of the I-285 perimeter. One intersection, Memorial Drive and North Hairston Road in Stone Mountain, was the site of 22 accidents last July. The Atlanta Regional Commission believes that most dangerous intersections are located outside of central Atlanta because drivers in the suburbs are traveling at greater speeds, increasing the odds of an accident.

Government is Responsible for Building Roads to Standards

If someone has an accident at a dangerous intersection, how does this affect their liability in a lawsuit? This depends on what makes the intersection so dangerous. If, as the Atlanta Regional Commission believes, these suburban intersections are so dangerous because the drivers are traveling at high speeds, then the question becomes whether the drivers are exceeding the speed limit. If someone is violating the speed limit at the time of the accident, they may be liable for negligence in a lawsuit.

On the other hand, if the intersection is dangerous because the state or local government has made some mistake in its design, construction, or maintenance the state may be liable for negligence instead. In general, the state is immune from lawsuits related to road construction when the state agency has followed standard engineering procedures, especially those included in state laws. However, if they failed to meet those standards, the government agency could be liable for damages when their mistakes lead to injuries. If the government was only partly responsible, and the driver also violated the rules of the road, then both parties can share liability for injuries.

Standard Engineering Practices Determine Placement of Four-Way Stops

In a car accident like the one at the intersection of Meadows Road and Lewis Road in Cobb County, the mother of the teenager believes that the intersection should be a four-way stop. The standard practice, as the Federal Department of Transportation’s Manual on Uniform Traffic Control Devices describes, is for the agency designing the road to conduct a traffic study to determine if the intersection qualifies for a four-way stop. If the two roads are of similar traffic intensity, and if the overall traffic does not justify a traffic light, the agency should install a four-way stop. If these conditions are true, but the agency has failed to install a four-way stop, the agency may be liable for negligence if the failure causes a car accident. If the teenagers were also violating rules of the road, like speeding, then the state may only be partly liable for their injuries.

Get Legal Help

Have you been injured in a car wreck in Georgia? Get in touch with a car accident attorney at Williams Elleby Howard & Easter in Cobb County to get the compensation you deserve.

New Henry County Toll Roads May Cause Accidents

Toll Roads in Georgia Car Accidents Wrongful Death Personal Injury Attorney

Express Lanes Will Run from SR 155 to SR 138

Emergency responders are planning for how to provide response to car accidents and vehicle breakdowns inside new toll lanes in Henry County, according to The Henry Herald. The lanes are part of I-75. The lanes will be reversible, and a concrete barrier will separate the express toll lanes from the regular travel lanes. The lanes will change direction based on the time of day and the predominant direction of travel. Fox 5 Atlanta reports that the 12 miles of express lanes will run between State Route 155 to State Route 138. Anyone with a Peach Pass will have access to the lanes.

Police and Fire Departments Plan Response to Toll Lane Accidents

Emergency first responders in Henry County are making plans for what to do in the event of a breakdown or accident inside the concrete barriers that separate the reversible express toll lanes from regular traffic. The lanes will have full shoulders within the concrete barriers to allow drivers who are experiencing a vehicle breakdown to pull off the road and allow traffic to pass by. Signs throughout the express toll lanes will display the contact information for the towing service that will service the tollway so that any driver experiencing a breakdown will be able to request a tow immediately. A tow truck will need to remove any vehicle that has broken down in one of the express toll lanes before the toll lane operators reverse the direction of traffic. Otherwise, it will be difficult to tow any broken down vehicles against the direction of express lane traffic.

Toll Roads Can Be Deadly

Officials are building the express lanes to ease traffic on the state highways in Henry County. Express lanes should make travel faster, but they can also lead to increased accidents. As a report by The Miami Herald confirms, the I-95 express lanes in southern Florida led to an increase in deadly car accidents. Some drivers complained that those express lanes lacked proper divisions from regular travel lanes.

This can be dangerous because the direction of traffic in an express lane changes at certain times of the day, so drivers who cross over into the express lane may be driving in the opposite direction of high-speed express lane traffic. Even though the I-75 toll roads will have concrete separators to prevent the drivers in the normal travel lanes from passing over into the express toll lanes, it is still possible that drivers will face oncoming traffic if they break down on the shoulder before the operators reverse the direction of travel.

Highway Agency Could Be Liable for Accidents

Drivers have a responsibility to exercise reasonable care while driving on the freeway to prevent injuries to other drivers or pedestrians. This includes following all the rules of the road, even special rules for using toll roads or other specialized roads. If a driver violates the rules that govern special lanes and passes into oncoming traffic, they will be liable for negligence in a lawsuit. If the state agency that is planning and building the lanes fails to follow standard engineering practices in constructing the lanes, and their failure to build in safeguards against potential dangers leads to an accident, the state agency may also be liable for damages.

Get Legal Help

If you or someone you know has been involved in a car accident, then you need legal help fast. Get in contact with a car accident attorney at Williams Elleby Howard & Easter in Cobb County today and get the compensation you deserve.

Atlanta Could Pay Damages for Cops that Cause Accidents

Georgia Personal Injury and Wrongful Death Cases Involving Police Officer

Police Officer Hit Driver at Intersection

A police officer driving in Atlanta hit another driver in a car accident on Saturday, July 30, according to NBC 11 Alive Atlanta. At the time of the accident, the police officer was driving south on Peachtree Road. At the intersection with Peachtree Battle Avenue, the officer struck another vehicle. The driver was attempting to turn left when the police officer continued driving straight and struck the other driver’s car.

The police officer had the green light to continue through the intersection. The police officer stated that the other driver began to make the left turn at the moment when the police officer was entering the intersection, and that the the police officer had no time to stop before their vehicles collided. The officer hit the car on the passenger side. Emergency first responders transported the police officer and the other driver to Grady Memorial Hospital. Officials have stated that their injuries should not be life-threatening. ABC 9 Atlanta reports that police have stated that the driver who made the left turn caused the car accident.

Cops Are Liable for Accidents When They Violate Procedure

In an accident involving a police officer’s vehicle, one question that arises is, could the police department or city be liable for damages in the accident? In Georgia, all drivers are responsible for taking reasonable care to avoid injuries to other drivers or pedestrians on the road. This includes following all of the rules of the road when driving. If a driver violates the rules of the road, and their violation leads to an accident, that driver can be liable in a lawsuit for the injuries that result from the accident.

In general, an employer can be liable for damages that an employee causes in an accident as long as the accident occurs while the employee is on-duty and carrying out their work responsibilities. However, police officers and city governments are usually immune from lawsuits as long as the accident occurs while the police officer is following standard police procedures. On the other hand, if the officer is violating standard police procedures, and this causes an accident, the police officer and the city government may be liable for injuries that result from the accident.

Atlanta Cops May Be Liable for Officer-Involved Accidents

In a case like the accident on Peachtree Road, it’s possible that the city of Atlanta could be liable for injuries to the other driver that resulted from the accident. It appears from police reports that the driver who turned left did so when he should have instead yielded to the oncoming police officer, who seems to have had the right of way, since the officer had a green light. If this is the case, then the driver turning left violated the rules of the road. However, if the police officer violated the rules of the road, they could be liable for negligence. Even if both parties broke the law, the police officer could be partly liable for the damages that resulted from the accident.

For example, if the police officer was speeding at the time of the accident, and the speeding prevented them from being able to brake in time to prevent the collision, the police officer could be partly liable for the accident. In many cases, the police officer would be immune from a negligence lawsuit, as long as they were on-duty and performing their job according to standard police procedures. However, if they were violating police procedures (for example, by speeding without illuminating their emergency vehicle lights), they may not be immune from liability.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal assistance. Get in contact with an auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Hit-and-Run Drivers Are Liable for Negligence

Hit-and-Run Drivers Liable Negligence Wrongful Death Personal Injury Attorney Georgia

Marietta Drunk Driver Backs into Parked Car and Gas Station

A drunk driver crashed his car into a gas station in Cobb County on Monday, August 1, according to WSB-TV 2 Atlanta. The accident took place on Powers Ferry Road in Marietta. He hit several cars and collided with the side of the gas station’s main building. A video of the crash shows that the car was driving in reverse at the time of the collision. The man, who was driving a black BMW, sped backward through the gas station parking lot. The black BMW collided with a car in front of the gas station before slamming against the front of the building. Police believe that the vehicle was traveling over 60 miles per hour, based on video footage of the parking lot from the gas station’s security camera.

The collision caused serious damage to the front of the gas station, where the wall buckled in. The crash wrought havoc inside the store, where merchandise and shelving overturned and fell across the aisles. The driver narrowly avoided striking a cage containing propane tanks, which could have caused a powerful explosion. The driver, 38-year-old Jon Gatsby Karr, was allegedly under the influence of the alcohol when the crash occurred. He suffered serious injuries. Emergency responders transported him to Kennestone Hospital. None of the customers or employees of the gas station suffered any injuries. Police have charged Karr with driving under the influence and committing a hit and run.

Hit-and-Run Accidents Are on the Rise

USA Today reports that hit-and-run crashes are on the rise in the United States. Many hit-and-run accidents involve a driver who is under the influence of alcohol. Pedestrians are often the victims of hit-and-runs, with over one in five pedestrian collision fatalities being hit-and-runs. In recent years, many states have closed legislative loopholes that encouraged hit-and-run drivers to flee the scene, including penalties for hit-and-run convictions that were lower than those for vehicular manslaughter. In Florida, where hit-and-runs are a particularly severe problem, they caused over 3 in 5 pedestrian road deaths.

Hit-and-Run Drivers Are Liable for Accidents

Georgia law prohibits drivers from leaving the scene of a car accident without attempting to render aid. Section 40-6-270 of the Georgia Code requires drivers involved in any accident with another occupied vehicle or pedestrian to stop and perform several duties:

  1. Provide their name and vehicle registration
  2. Provide their driver’s license on request
  3. Render reasonable medical assistance, including arranging for transportation of an injured person to a hospital
  4. Request emergency help for anyone who has lost consciousness.

If a Georgia driver is convicted of violating Georgia’s hit-and-run law, the court will sentence them to a minimum sentence of one year in prison and a maximum of five. In a negligence lawsuit against a driver who causes an accident, a hit-and-run conviction will also provide evidence that the driver failed to take reasonable care, especially if the failure to provide reasonable assistance lead to worse injuries to the accident victim. If a driver is under the influence of alcohol during a car accident, this can also make them liable for punitive damages in a lawsuit.

Get Legal Help

If you or someone you know has been in a car accident, you need legal help. Contact an experienced auto accident lawyer at Williams Elleby Howard & Easter in Cobb County to get the compensation you deserve.

Where to Sue for an Out-of-State Accident?

Out-of-State Car Accident Personal Injury Wrongful Death Attorney Georgia

Georgia Truck Driver’s Rig Crashes in Florida Pileup

A Marietta man was involved in a six-vehicle truck accident on I-75 in Florida on Monday, August 1, according to ABC 10 News Tampa. The Georgia man, Jerry Davis, 63, was driving a semi truck southbound on the freeway when the accident occurred. A pickup truck on the southbound side of I-75 wove in and out of traffic, cutting off a different tractor-trailer. That vehicle changed lanes to avoid the pickup, and struck the back of a Honda Odyssey. Then, the trailer of the first semi struck the second semi that Davis was driving. This caused Davis’ truck to move into another lane, where it collided with a 2010 Buick.

Gallons of diesel fuel spilled onto the freeway, and the freeway was closed for the rest of the day while workers milled and swept away the asphalt to clean up the spill. No serious injuries were reported from the accident, but hundreds of drivers were delayed for hours in the traffic jam that resulted from the road closure. According to NBC News 8 Tampa, the northbound lanes of the freeway did not reopen until 1 am the morning following the tractor-trailer accident. Besides Davis, the other drivers involved in the accident were from Cedar Rapids, Iowa, and several cities in Florida.

Accident Victims Can Choose Where to Sue

If you are driving on an interstate freeway, chances are high that any car accident that occurs will involve drivers from multiple states. If you’re driving state to state, you could be in an accident far from Georgia. So what happens if you need to sue another driver? The victim of an accident can sue the defendant in a state court where the defendant lives, in the county where the wreck occurred under Georgia’s non-resident motorist act, or in federal court if complete diversity of citizenship exists among the parties.  If there are multiple people involved, the court will probably decide to hold the trial close to where the events that led to the lawsuit took place. If one of the people involved in the lawsuit believe that it’s impossible to get a fair trial in a particular location (perhaps because the events are too famous in that location so jurors have already formed an opinion of what happened), they can request to move the trial somewhere more neutral.

Davis Could Sue in Florida State or Federal Court

If you are the victim of an accident in another state, you need to consider all locations where suit may be filed.  In the Florida accident, Davis was the only Georgia resident, and several other people involved in the accident were from different locations in Florida. Also, the accident occurred in Florida, and most of the evidence and witnesses are probably still near Tampa. This means that Davis would have a hard time convincing a court to have the trial in Georgia. However, Davis may experience less bias against his case as an out-of-stater if he sued in federal court. The court would usually apply the substantive laws of Florida during the trial.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal help fast. Get in touch with an experienced auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Drivers Still Liable for Self-Driving Car Accidents

Self-Driving Car Accidents Personal Injury Attorney Georgia

Self-Driving Car Collides with Truck Trailer

Federal investigators found on Tuesday, July 26 that a Tesla Motors car that crashed in Florida was in self-driving mode and speeding at the time of the car accident, according to The Atlanta Journal-Constitution. Officials from the National Transit Safety Board are investigating the crash. The car collided with a tractor trailer in Williston, Florida, near Gainesville, on May 7. The tractor-trailer turned in front of the Tesla, which continued driving straight, so that the bottom edge of the 53-foot trailer sheared the roof from the Tesla as it traveled beneath the trailer and came out the other side. The driver was 40-year-old Joshua Brown from Canton, Ohio. According to The Guardian, the driver of the truck reported that Brown was watching Harry Potter on a DVD player in the vehicle, and that the movie was still playing after Brown’s car struck a telephone pole a quarter of a mile past the location of the tractor trailer collision.

Tesla Confused Tractor Trailer for a Clear Spring Day

The Tesla comes equipped with a self-driving system that automates highway driving. This equipment can control speed and lane changes using computer vision technology.

The automated driving system can negotiate slow traffic without driver input, and even avoid obstacles like highway wrecks. Although some Tesla owners have posted videos to YouTube in which they drive the car with their hands off the wheel, Tesla has discouraged the practice. Tesla founder Elon Musk says that this is the first self-driving accident for the Tesla, which means the technology has a lower accident rate than the average American driver. The company believes that the self-driving system was unable to distinguish between a bright spring sky and the white trailer on the truck, which prevented the system from attempting to stop automatically.

Law on Self-Driving Cars is Unsettled

Right now, there are no regulations in place to determine the standard behavior of fully autonomous driving systems. Because the technology is new, there is no specific law about how drivers should use the systems, either. However, drivers in Georgia must exercise reasonable caution when driving to prevent injury to others on the road. In the past, courts have placed the responsibility for turning off features like cruise control and taking direct control of the vehicle on the driver. If those features malfunction, though, the responsibility may be on the manufacturer of the vehicle.

Drivers May Be Liable for Accidents Despite Self-Driving Technology

Now that self-driving cars are on the highway, we’ll likely see more and more accidents that involve their use, and more lawsuits to determine who should bear the financial burden of those accidents. In an accident like the one in Florida, it seems that multiple problems lead to the collision. The company admits that the technology malfunctioned. But if the company warns drivers to remain alert and not to take their hands off the wheel while the self-driving system is active, they may avoid product liability in situations like this one. The driver also seems to have been distracted from the road, and may not have been watching when the truck turned in front of him. If he had injured someone and this kind of distraction had lead to the accident, he would be liable for negligence and have to pay damages.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal help. Contact an auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Blood on the Tracks: Who Pays for Train Collisions?

Train Collisions Wrongful Death Personal Injury Attorney Georgia

Norfolk Southern Train Kills Man in Apparent Suicide

A train collision killed a pedestrian in Norcross, GA on Wednesday morning, The Atlanta Journal-Constitution reports. A Norfolk Southern train struck a man standing on the railroad tracks near South Peachtree and Stevens Road. The train collision occurred at about 8:47 a.m.  The accident caused traffic problems at all downtown Norcross crossings. The accident occurred during morning rush hour. Police asked drivers to avoid the entire downtown area because of disruptions to traffic.

According to The Gwinnett Daily Post, police are investigating the accident as a possible suicide attempt. As reported by WSB-TV 2 Atlanta, eyewitnesses said the man made no apparent attempt to step off of the train tracks when the train was approaching. It’s this information that makes police believe the death was a suicide. The train attempted to stop, but it continued to travel for 2500 feet past the point where the man was standing, after which point the man was already dead.

Hundreds of Deaths and Injuries from Rail Collisions Annually

Dozens of people die each year in train accidents. According to the Federal Railroad Administration, there have been over 80 deaths from train collisions at railway crossings and 163 deaths at non-crossing points along the railway so far in 2016. There have been almost 400 non-fatal collisions between trains and either cars or pedestrians. Trains hitting cars and pedestrians account for almost 95% of all train accidents.

Train Operators Must Take Care to Avoid Train Collisions

In accidents involving trains, the legal consequences depend on who the train accident injures. Train operators have a very high standard of responsibility toward any passengers, because a passenger train is what is known as a common carrier, like a bus or commercial airline. Train operators also owe a duty of care toward other people who may be on or near a train track, like the railway worker in Wilmington, Delaware who died in a train collision when an Amtrak train traveling over 100 miles per hour struck the backhoe he was operating, as The Insurance Journal reports. If it turns out that the train operator was not following reasonable safety procedures, and that this failure lead to the accident, the train operator may be liable for damages in a negligence lawsuit. If the victim of the accident dies and can’t bring a lawsuit themselves, the victim’s surviving family can file a wrongful death lawsuit to recover the value of the victim’s life.

Norfolk Southern Could Be Liable for Wrongful Death

In a collision like the one that occurred in Norcross, it seems unclear whether any negligence occurred. If eyewitness accounts are correct, and the man waited on the tracks intentionally with the goal of committing suicide, then the question becomes whether the train operator did everything they reasonably could to prevent the collision. For example, if the train was traveling at a higher rate of speed than is standard, this may have prevented the train from stopping before it hit the man. However, if the train was traveling at a reasonable speed, or if slowing down would not have prevented the accident, the train operator may not be liable for damages. Any negligence lawsuit would be a wrongful death suit with the surviving family as the plaintiffs.

Get Legal Help

If someone you love has died in an accident, you need legal help. Contact an experienced accident attorney at Williams Elleby Howard & Easter in Cobb County to get the justice you deserve.

Shared Liability in Multiple Car Accidents

Shared Liability Multi Car Wreck Personal Injury Attorney Georgia

Out-of-control Car Nearly Smashes into Cop

A drunk driving accident nearly injured a police officer in Buckhead on Sunday, July 24, according to The Atlanta Journal-Constitution. NBC 11 Alive Atlanta reports that the car accident occurred shortly before dawn Sunday morning. Police responding to a previous accident were blocking traffic on the southbound side of Ga. 400. A police officer had parked his car perpendicular to traffic and illuminated the cruiser’s emergency vehicle lighting. He was waiting for a HERO unit to respond to the original crash.

The driver, Abraham Martinez, drove his blue Audi at high speed into the rear end of a black Ford near the parked police cruiser. The collision was so powerful that it sent the black Ford careening across two lanes of traffic toward the police cruiser. The police officer was able to run toward the shoulder to avoid the black Ford. Police arrested Martinez for driving under the influence and took him to the city jail. Emergency responders transported the driver of the black Ford to a nearby hospital after he returned to consciousness. All of the vehicles at the scene sustained serious damage and required towing.

Drivers May Share Responsibility for Multiple Car Accidents

In some car accidents, multiple factors might contribute to injuries and property damage. In Georgia, drivers must exercise reasonable care in avoiding injury to other drivers or pedestrians. This includes following the rules of the road. If more than one driver shares fault in the accident, then each driver can be responsible for part of the damages in the accident. This is known as comparative negligence. In general, police officers are not responsible for accidents that occur because of normal police procedures. This is called sovereign immunity. However, if police fail to follow normal procedures, the officer and the government agency they represent may be liable for damages in an accident.

Drunk Drivers are Liable for Car Accident Damages

In an accident like the one in Buckhead, it’s clear that someone failed to exercise reasonable care in driving, leading to the accident. First of all, if a driver is speeding at the time of the accident, and the speeding causes the accident or makes the results of the accident worse, this can make that driver liable for damages. In the Buckhead accident, it appears that Abraham Martinez was traveling above the legal speed limit. If so, this probably contributed to the severity of the accident. Secondly, it appears that Martinez failed to keep a safe following distance from the vehicle in front of him. This is another violation of the rules of the road that indicates negligence on the part of the driver. But perhaps most obviously, a driver under the influence of alcohol or other mind-altering substances that hinder the individual’s ability to drive will be a strong indicator of negligence. If the driver’s blood alcohol content (BAC) was over the legal limit (.08), this is evidence of negligence on the part of that driver.

Traffic Cops May Be Partially Liable for Car Accident

However, it’s also possible that the other parties may have contributed to the accident. It’s possible, for example, that the driver of the black Ford was also exceeding the speed limit, which caused him to stop suddenly when he noticed the police cruiser. In this case, that driver may also be partly liable for the damages in the accident. Although the fact that the police cruiser was stopping traffic likely contributed to the accident, this will only make the officer and the law enforcement agency liable for damages if the officer was not following standard police procedure at the time.

Need Help?

If you or someone you love has been involved in a car accident, you need legal advice fast. Get in contact with an experienced auto accident attorney at Williams Elleby Howard & Easter and get the help you need today.

Car Hits Stab Victim on Freeway: Who’s at Fault?

Pedestrian Struck by Car Wrongful Death Personal Injury Attorney Georgia

Car Runs Over Stab Victim on Marietta Freeway

A car struck a pedestrian on Marietta Highway Wednesday, July 27 who had already suffered several stab wounds before the collision, according to Patch.com. The car accident occurred in Roswell, Georgia, east of Coleman Road. The man was lying in the middle of the roadway when the driver of a black Acura struck him. First responders transported the man, 35-year-old Lawrence Cornelius Range, to a nearby hospital, where doctors discovered that he had suffered multiple stab wounds before the car hit him.

Auto-pedestrian Accidents Kill Thousands

Dozens of pedestrians die in car accidents in Georgia every year, according to a report by the Governors Highway Safety Association. In the first six months of 2014 alone, 50 pedestrians died after a car hit them; in the first six months of 2013, this number was even higher, at 75 pedestrians dead. The states with the highest overall totals of pedestrian deaths from car collisions are New York, California, Texas and Florida. But if you look at the number of pedestrian deaths each year per 100,000 population, Georgia is 1.7—higher than New York, and almost as high as Texas. Nationwide pedestrian fatalities fell during the first decade of the millennium, but in the last few years have risen to about the same levels as 15 years ago.

Drivers are Liable for Careless Injuries to Pedestrians

In Georgia, drivers are responsible for taking reasonable care not to injure other motorists or pedestrians while they are operating a motor vehicle. If a driver fails to follow the rules of the road and their violation of the traffic laws leads to an accident or injury, the driver can be liable for money damages in a negligence lawsuit. Even if the driver is only partly at fault, or if the pedestrian or other motorist they injure has violated the rules of the road, the driver can still be partly liable for the injuries that result. However, if the driver took reasonable care in driving and the accident still occurred, they are not liable for damages since they were not negligent.

Pedestrians Must Keep Off the Freeway

According to Section 40-6-96 of the Georgia Code, pedestrians should never walk or lie in the center of a lane of a freeway. Where sidewalks are available, pedestrians must use the sidewalks, and where sidewalks are not available but there is a shoulder, pedestrians must keep to the shoulder. When there is no shoulder or sidewalk, pedestrians may walk on the furthest right part of the furthest right lane. Therefore, a pedestrian walking in the middle of a lane of traffic would be negligent in a resulting car accident.

However, here the pedestrian had suffered injuries and was lying in the middle of the lane, perhaps unconscious or incapable of movement. If the driver who struck them was in violation of the rules of the road (for example, if she had failed to illuminate her headlamps, which caused her to strike the pedestrian), she could still be liable for negligence. But if she took all available precautions and still hit the pedestrian, she would not be liable. In that case, the person who injured the pedestrian and left him lying in the street may also be liable for any damages that occurred as a result of the collision.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal advice. Get in touch with an experienced auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.