Late last month, a tragic head-on collision occurred in Georgia that resulted in three fatalities. According to a local Georgia news report, the family was traveling west of Atlanta when the accident occurred. The crash happened early on a Friday morning when the driver transporting three of the individuals who were killed crossed into the center of Ga. 113. When the driver crossed through the center line, the car hit another car head-on. Unfortunately, a mother, her 12-year-old daughter, and her nine-year-old son were all killed after the head-on collision. They were all passengers in the car that crossed through the center line. According to the Georgia State Patrol, the case is still under investigation to determine the circumstances of the crash.
When bringing a negligence claim, many people think of being hit by another driver, but in many situations if you are a passenger in a car that was responsible for an accident, you may be able to bring a negligence case against the driver of that car. Many states have statutes that can bar bringing a suit against certain parties, and sometimes that can involve family members. However, in the above case it is not clear whether the driver of the car was related in any way to the passengers. In a case such as the one described above, the family of the three individuals who were killed may want to think about bringing a case against the driver.
The family of those who were killed would need to establish all the elements of negligence in order to recover compensation. They would need to prove that the driver owed them a duty of care, that he or she breached that duty, and that the breach was the actual and proximate cause of their injuries and damages. Some ways for the family to establish negligence are to show that the driver was speeding or that crossing into the center line was unreasonably dangerous.
The above case is still being investigated, but it is important to note that a criminal charge against the driver is not necessary to bring a civil lawsuit against him or her. The elements of a criminal negligence case and a civil negligence case have different requirements, and the lack of a criminal negligence prosecution does not necessarily bar recovery in a civil lawsuit.
Have You Been Involved In a Collision Because of the Negligence of Another?
If you have been involved in a head-on collision or other car accident because of the negligence of another, you may be able to bring a claim against that party. It is important to note that personal injury cases can be exceedingly difficult to navigate without the assistance of a trained attorney. The cases are often time-consuming and emotionally draining. Representation by an attorney is an indispensable asset to have when pursuing this type of case. You may be entitled to monetary compensation for your past medical bills, future medical expenses, and other damages related to your injuries. Contact the Miller Law Firm at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Georgia Truck Accident Kills Three in the Same Family, Marietta Personal Injury Lawyer Blog, December 17, 2014.
Georgia Woman Dies in South Carolina Accident, Marietta Personal Injury Lawyer Blog, October 13, 2014.