A Halloween crash resulted in the death of two individuals. According to a local news report, a Tennessee man is being charged with two counts of first degree homicide by vehicle, marijuana possession, DUI, open container of alcohol while operating a vehicle, and other offenses. Apparently, the man was driving on I-75 in the southbound direction when his car struck another automobile.
Unfortunately, right after being struck, the car was thrown into an embankment. The car was stopped at a tree line. It seems that both of the individuals were pronounced dead at the scene. The man who hit the victims was immediately transferred to county jail. He is currently being held without bail, and the state is still investigating the crash.
Negligence Per Se in Tennessee
Georgia, much like Tennessee, has enacted many safety laws that are designed to protect their citizens. This is considered “negligence per se.” In these situations, the law is basically saying that when an individual violates one of these statutes, he or she is, as a matter of law, acting negligently.
For example, there are laws that prohibit texting while driving. These were enacted because of the significant number of auto accidents and fatalities that have happened as a result of this type of negligence. Additionally, in Tennessee a person can be found negligent per se when he or she is over the age of 21 and the State establishes beyond a reasonable doubt that the defendant was in physical control of or operating a vehicle on a public road or other area frequented by the public while under the influence of drugs or alcohol when he or she had a blood alcohol concentration of .08 or higher. Although these laws allow the State to have a presumption that he or she was negligent, the defendant could attempt to rebut the allegations.
Damages in Negligence Per Se Suit
If a plaintiff establishes that the defendant was negligent per se, he or she must still prove that the defendant is liable for damages. The plaintiff must demonstrate that the defendant’s violation of the statute proximately or actually caused the injuries to the plaintiff. Additionally, he or she must identify quantifiable damages that can be compensated.
Have You Been Injured Because of Another Person’s Negligence?
If you or a loved one has recently been injured in a Georgia accident that you believe was caused by the negligence of another person, you may be entitled to monetary damages to help compensate you for your injuries or loss. Regardless of whether the other driver was drunk, distracted, or acting aggressively at the time of the accident, the legal effect of his or her decision is the same. To learn more about the accident laws in Georgia that allow for innocent victims of car, truck, and pedestrian accidents to recover for their injuries, contact a dedicated Georgia personal injury attorney to discuss your case. Call 770-284-3727 today to set up a free initial consultation with an attorney to explore your options.
See Related Blog Posts
Another Drunk Driving Crash, This Time in Lumpkin County, Marietta Personal Injury Lawyer Blog, September 17, 2014.
Georgia Woman Dies in South Carolina Accident, Marietta Personal Injury Lawyer Blog, October 13, 2014.