On November 17, 2017, a MARTA police officer Emanuel Sabir was seriously injured when he was struck by a van while riding his motorcycle. The officer was off-duty and leading a funeral procession at the time of the accident. The accident occurred on Fairburn Road in northwest Atlanta. The officer was reportedly seriously injured but conscious and alert at the time of the accident. Sabir was taken to Grady Memorial Hospital and was last reported to be in stable condition.
Based on reports, the driver of the van that struck officer Sabir was at least negligent and perhaps reckless in causing the accident. Police say that the van driver ran a stop sign before pulling onto Fairburn Road, and that he appeared to be intoxicated. After the accident, responding police officer Stephanie Brown said the van driver “got into fights with residents in the area and responding officers before he was taken into custody.” The driver of the van was arrested and charged with several traffic offenses, including failing to stop at a stop sign and driving with an open container of alcohol.
Motorcycle Accidents and Georgia Law
Motorcyclists are extremely vulnerable if they get into an accident on the road. In fact, motorcyclists are nearly 30 times more likely to die in an accident when compared to other motor vehicle drivers. This is, of course, true because a motorcyclist is not protected by the body of an automobile, and is instead exposed to the threat of direct trauma if they get into an accident.
Moreover, motorcyclists deal with certain unique risks that make accidents more likely to occur. For instance, drivers will often fail to see motorcyclists because they are not looking out for them, road hazards such as potholes can have an outsized impact on motorcyclists, and at high speeds it can be difficult for motorcyclists to safely make quick turns.
All drivers have a duty to watch out for motorcyclists, to operate their vehicles with care, and to obey traffic rules. Likewise, motorcyclists have a duty to ride carefully and to follow traffic rules. When a driver or motorcyclist fails to operate their vehicle with reasonable care and causes an accident, they are considered negligent and at-fault. In some cases, a motorcyclist and another driver are each party to blame. In Georgia, when more than one party to an accident is at fault, courts will apply the comparative fault doctrine and the parties will share liability according to their degree of fault.
The Importance of Wearing Helmets
Motorcyclists who do not wear helmets are at a much higher risk of sustaining serious and fatal head injuries. In recognition of this danger, federal and state initiatives during the 1990s mandated the use of helmets for motorcyclists in most states, including in Georgia. Under Official Code of Georgia § 40-6-315(a), “No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety.” According to the World Health Organization, these helmet laws have saved thousands of lives in the United States. States that do not have mandatory helmet laws see much higher rates of serious and fatal motorcycle accidents.
For More Information, Contact Williams Elleby Howard & Easter
If you would like more information about this issue, or if you or a loved one has been in an auto accident and you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.
