Late last month, one person lost her life in a fatal Georgia car accident possibly involving a drunk driver. According to one local news report, an officer was called to the scene of a serious accident in Jefferson County, Georgia. The State Patrol reported that a Honda was continually swerving down a Georgia road. As the Honda was swerving, it proceeded into the southbound lane of the road. A Yukon carrying a family of three was driving right in the path of the erratic Honda and attempted to avoid the accident. However, the driver was unable to avoid a collision, and unfortunately the two cars crashed into each other.
The Yukon subsequently flipped over. The front passenger in the Yukon was killed at the scene of the accident. Investigators believe the individuals traveling in the car may have been visiting family in a nearby county. Authorities suspect that the Honda driver may have been under the influence of drugs or alcohol, and an investigation is still ongoing. The location of the accident seems to be one that is prone to collisions, since another fatal accident occurred on the same spot about one year ago.
Personal Injury Lawsuits Against Governmental Agencies in Georgia
In most situations when a person is injured by the negligence of another person or entity, they can file a personal injury lawsuit against that individual or entity. In the above situation, it seems that in addition to the actions of the other driver, it is possible that the road the parties were traveling on was somehow inherently dangerous. Such a conclusion may be reached by looking into the number of fatal accidents that have occurred at the same exact location. In situations when a road is determined to be inherently dangerous, a plaintiff may wish to sue the governmental agency that designed or controls that roadway. Of course, there is an entirely different set of rules when a party sues the government in Georgia.
Generally, the government enjoys the privilege of sovereign immunity. Basically, this protection allows the government only to be sued with its consent. This can be extremely limiting and can cause an additional set of obstacles to injured plaintiffs. However, Georgia does allow “waivers of sovereign immunity” in some cases. In certain very limited situations, a plaintiff may be able to sue the government. As is almost always the case, procedural steps must be strictly followed, and if they are not, the plaintiff will likely be barred from filing any type of suit against the wrongdoer.
Hiring a Personal Injury Attorney in Georgia After an Accident
If you or a loved one has been injured because of the negligence of another individual or a governmental agency, you should strongly consider hiring an attorney to assist you with your claim. Suing a governmental agency, such as the Department of Transportation, is extremely complex and time-consuming. An experienced attorney can assist you in all stages of the case to help you seek the compensation that you deserve. Contact Miller Legal Services at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts:
Georgia Court Decides Important Case Involving Uninsured Motorist Protection, Marietta Personal Injury Lawyer Blog, June 12, 2015.
Atlanta Driver Arrested After Driving Wrong Way on Highway, Marietta Personal Injury Lawyer Blog, July 8, 2015.