An extremely damaged front end view of a white truck with a burnt, smashed in hood, with it's front left tire laying on the ground in front of it.

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.

Recommended Posts