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.
