Last month, a fatal accident occurred in Coffee County, Georgia, claiming several lives. According to a local Georgia news report, the accident happened around 8:30 on Friday, November 30 near Georgia Highways 268 and 206. Apparently, the driver, his wife, and his sister in-law were involved in the accident and were killed when they failed to yield at an intersection, when a truck was approaching. The truck driver tried to avoid the accident but was not able to do so. As a result, the truck driver slammed into the car on the right side.
Unfortunately, the three members of the family were taken to the hospital. They were pronounced dead later that evening. The truck driver did not sustain any serious injuries as a result of the accident. Current reports indicate that no charges will be filed.
Fault Determination in Georgia
To bring a negligence suit in Georgia, a criminal charge is not necessary. In the above case, it does not seem that any criminal charges will be pressed against the truck driver, even though he hit the victim’s car, which resulted in the victim’s injuries. In this case, it may be difficult to establish a criminal charge because of the circumstances surrounding the accident. However, a criminal charge of negligence is not dispositive in a civil proceeding.
In a civil negligence case, a plaintiff must establish that the wrongdoer owed the plaintiff a duty of care, that the wrongdoer breached that duty of care, and that the breach was the actual or proximate cause of their quantifiable damages. Many times, these cases are pursued both criminally by the state and civilly through the plaintiff. In the event that a case is not pursued by the state criminally, it does not preclude the victim or their family from pursuing civil remedies. In this case, the victim’s family may want to establish that the truck driver did not do enough to avoid the accident. They may try to establish that he was distracted or not aware of his surroundings.
It is important to note that criminal charges of negligence can make pursuing a civil charge much easier, but it is not a prerequisite.
Georgia Personal Injury
Accidents often can be life-altering and sometimes result in serious injury or even death. If you have been injured or if a loved one has been killed because of the negligence of another party, you may wish to file a claim against the wrongdoer. The Marietta injury attorneys at Miller Legal Services are a group of dedicated attorneys who have years of experience representing clients who have been the victims of negligence. The attorneys at Miller Legal Services provide diligent representation in settling suits and litigating on behalf of their clients. If you or someone you know has been injured or killed, you may be entitled to monetary compensation for your past medical bills, your future medical expenses, expenses related to burial and funeral costs, and other damages related to your injuries. These cases often are complex and can involve many parties. Call one of our skilled attorneys today at 770-284-3727 to schedule a free initial consultation.
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.