Late last week, a local news station reported that three teens and a man operating a riding lawnmower were killed in a fatal accident involving an SUV.
According to the report, the four individuals were killed around Chatsworth, Georgia on Old CCC Camp Road. There were three teenagers in the SUV. The driver of the SUV was speeding and had trouble controlling his car when he came around a curve. At that point, he lost control of the car. The car subsequently flipped over and went off the road. Unfortunately, at the same time a man was riding his lawnmower when the car flipped over him.
In addition to the man riding the lawnmower, the SUV driver and two of his passengers were killed. One other individual in the car was life-flighted to a hospital and remained in critical condition at the time the article was published.
Negligence Per Se
Georgia law explains that there are certain rules of the road, and when someone violates one of these rules he or she can be held liable for negligence as a matter of law. Some of these rules include obeying the traffic laws, making proper turns, obeying speed limits, and driving at safe levels of speed.
When a driver violates one of these rules, he or she can be held liable as a matter of law because there is a statute in place that explains the standard of care that is due to other pedestrians and drivers.
The person bringing the claim must prove that the driver violated the rule and that because of that violation the plaintiff was harmed in some way. It is important to know that even if a plaintiff is able to prove that, the defendant still has opportunity to counter that argument. The defendant has the legal right and will be provided the opportunity to establish that he or she was not negligent by presenting evidence.
In the case mentioned above, the news report indicated that the teenagers were driving at a high rate of speed and could not safely navigate the turn. It seems evident that the teenager was breaking one of the crucial rules of the road by doing this. He also caused the harm that the other individuals suffered, so it is likely that a negligence per se theory could be developed
It is important to have an attorney explain the intricacies of negligence per se so that a successful outcome is likely.
Who Can Bring the Claim?
Many individuals may think that only the victim in the other car, or in this case the man riding the lawnmower, could bring the claim. However, other individuals and families in this case could also bring a negligence claim. For example, the family of the other passengers could bring a claim because they were also victims in this case. Many times, passengers can bring a claim against a driver of the car where they were riding, if that driver was negligent.
Have You Been a Victim of a Car Accident?
If you or a loved one have been a victim of a car accident either as a passenger, another driver, or a pedestrian, you may be entitled to monetary compensation. Compensation includes damages for your past medical bills, your future medical expenses, and your pain and suffering. Please call 770-284-3727 to schedule a free initial consultation with an experienced Georgia personal injury attorney.
See Related Blog Posts
Sheriff’s Deputy Caught in Hit-and-Run Accident, Marietta Personal Injury Lawyer Blog, July 24, 2014.
Eight-Vehicle Accident on I-75 Kills Four, Injures Thirteen, Marietta Personal Injury Lawyer Blog, August 21, 2014.