The Georgia Patrol has indicated to local news reporters that a woman was killed in a head-on crash involving her car and a tractor-trailer. According to one report, the incident happened on I-575 near Airport Drive in Cherokee County, Georgia. A State Patrol representative explained that a Toyota Corolla was driving south in the northbound lanes of the highway near Canton and Ball Ground. As the woman was traveling south, she slammed into a tractor-trailer.
Unfortunately, the woman was declared dead at the scene of the accident. The driver of the tractor-trailer was taken to a local hospital. At the current time, there is a pending investigation to determine the details of the accident, why it occurred, and who was responsible.
Comparative Negligence in Georgia
In the above case. it is unclear whether the woman driving the Toyota was driving in the wrong direction because the details regarding the circumstances of the accident are vague and still under investigation. If it becomes clear that the woman was at fault, it is possible that the tractor-trailer driver may bring a personal injury suit against the woman. However, to counter that claim, the family of the victim may wish to claim comparative negligence if they can establish that the tractor-trailer driver was also at fault.
Georgia law allows victims of accidents to bring a civil lawsuit for personal injury or wrongful death if they were injured or their loved one was killed because of the negligence of another. Some common examples of when personal injury lawsuits are brought are when someone is injured in a vehicle accident or involved in an accident while on another’s property. However, even if the victim brings a claim, the other party may try to prove that the victim was partially to blame for their injuries, under the theory of comparative fault.
Comparative negligence, also known as comparative fault, is a common defense often used by a defendant in a personal injury case. This theory explains that even if the defendant was at fault, the victim was also negligent and therefore partially responsible for the injuries they sustained. In states that follow a comparative negligence model, a plaintiff can still recover some compensation even if a judge or jury determines that they possess some degree of fault.
Georgia is a modified comparative negligence state. In Georgia, if the plaintiff is less than 50% at fault they can still recover, and their damages will be adjusted based on their own level of fault. However, if they are found to be more than 50% at fault, they will be barred from recovering anything.
Have You Been Injured Because of the Negligence of Another?
If you or a loved one has been injured because of the negligence of another, you may consider bringing a personal injury lawsuit against the culpable party. As the above discussion illustrates, the defendant may try to assert a comparative negligence defense against your claim, which is why it is important that you consult with an attorney. One of the skilled and knowledgeable attorneys at Miller Legal Services can explain your rights and remedies as well as assist you in countering any potential defenses. If you are successful, you may be entitled to monetary compensation for the injuries you sustained. Contact Miller Legal Services today at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Man Killed in Georgia Biking Accident, Marietta Personal Injury Lawyer Blog, February 25, 2015.
Officers Searching For Truck in Georgia Hit-and-Run, Marietta Personal Injury Lawyer Blog, January 21, 2015.