Earlier this month in Catoosa County, a man was killed on the side of the highway when he was hit by a passing semi-truck. According to a report by WRCB TV, the man was heading northbound on Interstate 75 when he experienced mechanical problems with his Volkswagen Jetta around 4:30 in the morning. The man pulled off to the side of the highway and got out of his car. For some reason, he was standing in the rightmost lane of traffic.
Shortly after the man pulled off the road, a semi-truck came across the man and didn’t see him standing in the lane of traffic. The truck, which was traveling at about 55 miles per hour, hit the man directly, killing him instantly.
The police responding to the crash explained that the man was wearing all black, and that this likely contributed to the fatal accident. The police decided not to issue a citation to the semi-truck driver, explaining that it would have been difficult for him to have been able to see the man on the side of the road.
Troopers claimed that this tragic accident can serve as a lesson on what not to do when your car breaks down on the side of the road. Instead of getting out and standing in the middle of a lane of traffic, make sure to stay on the shoulder of the road, where passing cars or trucks are less likely to travel.
Civil Liability When There Was No Citation Issued
In any Georgia truck accident, the victim of that accident is entitled to recover from the person who caused the accident. In order to do so, the plaintiff must establish that the accident was the defendant’s fault, of course. It is important to realize that a plaintiff may still be able to recover when there was no citation issued to the other driver.
Although there was no citation issued by the police in the accident described above, that does not foreclose the possibility of a civil recovery for the family of the victim of the crash. Even though being able to point to a citation may help a plaintiff’s case, it is not necessary to recover. This is because the burden of proof in a civil case is lower than that of a criminal case.
Have You Been Involved in a Serious Georgia Accident?
If you have recently been involved in a serious Georgia accident of any kind, you may be entitled to recover a sizable monetary award based on the negligence of the others involved. To find out more about the laws of negligence in Georgia, and to speak to an experienced Georgia personal injury attorney about your case, contact Miller Legal Services. Miller Legal Services is a preeminent Georgia personal injury law firm that has years of experience recovering for its clients. Click here, or call 770-284-3727 to schedule a free initial consultation with an attorney today.
See Related Blog Posts
Georgia Teen Dies in Car Accident, Possibly While Street Racing, Marietta Personal Injury Lawyer Blog, May 28, 2014.
Georgia Court of Appeals Finds that Plaintiff’s Provided Notice Was Sufficient, Although Imperfect, Marietta Personal Injury Lawyer Blog, June 4, 2014.