Losing a loved one in a fatal car accident is a life-altering experience that no one should have to go through alone. Emotional turmoil aside, the financial and legal complexities that follow can make the grieving process even more challenging. Involving a fatal car accident attorney can not only alleviate some of this burden but also ensure that you receive the justice and compensation you deserve. Given the intricacies of Georgia laws surrounding wrongful death, having a knowledgeable attorney by your side is indispensable for filing a robust fatal car accident lawsuit.
Major Types Of Fatal Car Accidents In Georgia
- Head-On Collisions: Head-on collisions are among the deadliest types of car accidents. In these accidents, the front ends of two vehicles traveling in opposite directions collide. Under Georgia law, these crashes often involve negligence claims against the driver who swerved out of their lane or was driving on the wrong side of the road.
- Rear-End Collisions: Though rear-end collisions are often considered less severe, they can still lead to fatal outcomes. These occur when a vehicle crashes into the one in front of it. In Georgia, the tailing driver is typically considered at fault, making it easier to establish liability in wrongful death cases.
- T-Bone Accidents: Also known as side-impact collisions, T-bone accidents occur when the front of one vehicle crashes into the side of another. These are common at intersections and may involve failures to yield or stop at traffic signals. In Georgia, determining liability in T-bone accidents can be complex, involving various traffic laws and rules.
- Rollover Accidents: Rollover accidents happen when a vehicle flips onto its side or roof. These accidents are particularly dangerous and often fatal. Factors like vehicle type and road conditions can contribute. Liability in these cases can sometimes be attributed to vehicle manufacturers if the car was not adequately designed to prevent rollovers.
- Multi-Vehicle Accidents: These are accidents involving more than two vehicles. Often referred to as pile-ups, these incidents can result in multiple fatalities. Given the number of involved parties, determining liability in Georgia can be complicated, requiring thorough investigation and potentially involving multiple claims.
Major Causes Of Fatal Car Accidents In Georgia
- Distracted Driving: One of the leading causes of fatal car accidents is distracted driving, which includes activities like texting or talking on a cellphone while driving. Under Georgia law, using a handheld device while driving is prohibited, making it easier to establish fault in these cases.
- Drunk Driving: Driving under the influence of alcohol or drugs is a major factor in fatal car accidents. Georgia has strict DUI laws, and individuals caught driving with a blood alcohol concentration of 0.08% or higher can be charged. In wrongful death cases, proving DUI can make a significant difference in the claim.
- Speeding: Speeding is another significant cause of fatal car accidents. Georgia has specific speed limits depending on the type of road, and exceeding these can lead to severe consequences. In wrongful death claims, evidence of speeding can be used to establish negligence.
- Reckless Driving: Reckless driving involves a blatant disregard for the rules of the road. Actions such as tailgating, changing lanes without signaling, and running red lights all qualify. Georgia law takes reckless driving seriously, and proving this in a wrongful death claim can be advantageous.
- Weather Conditions: Though not attributable to driver error, severe weather conditions like fog, rain, and ice often contribute to fatal car accidents. While it’s more challenging to establish liability in these cases under Georgia law, other factors like speed and vehicle maintenance can still play a role.
Who Could Be Liable For A Fatal Car Accident In Georgia?
- The At-Fault Driver: Most commonly, the driver who caused the accident is held liable. Georgia operates under a fault-based system, meaning the person who is at fault for causing the accident is generally responsible for damages. This could include behaviors like speeding, distracted driving, or driving under the influence.
- Vehicle Manufacturers: If the accident was a result of a vehicle defect, the car manufacturer or parts manufacturer could also be held liable. Georgia product liability laws specify that manufacturers are responsible for the safety of their products.
- Government Entities: Sometimes, poor road conditions like potholes, inadequate signage, or lack of proper lighting can contribute to a fatal car accident. In such cases, local or state government entities could potentially be held responsible.
- Employers: If the at-fault driver was operating a vehicle as a part of their job, the employer might also be held responsible. This is known as “vicarious liability,” and it applies when an employee is acting within the scope of their employment when the accident occurs.
Types Of Damages Available In A Fatal Car Accident Case
If you’re dealing with the aftermath of a car accident, taking legal action may be necessary to secure compensation for losses and damages. In Georgia, you have two primary options: filing an insurance claim or bringing a lawsuit. Here are the types of damages that may be available to you.
- Economic Damages: These are quantifiable losses like medical expenses, funeral costs, and loss of income. Economic damages aim to compensate the victim’s family for the financial burdens incurred due to the accident.
- Non-Economic Damages: Non-economic damages are for intangible losses like pain and suffering, loss of companionship, and emotional distress. These damages aim to provide compensation for the emotional and psychological impact of the loss.
- Punitive Damages: In some instances, if the at-fault party’s actions were particularly egregious, such as drunk driving, punitive damages may be awarded. The purpose of punitive damages is not just to compensate the victim but to punish the at-fault party and deter similar behavior in the future.
Fatal Car Crash Lawyers
If you’ve recently lost a loved one due to a fatal car accident, you don’t have to navigate this difficult journey alone. Time is of the essence, and having experienced a fatal car crash attorneys can make a significant difference in the outcome of your claim. Butler Kahn focuses on fatal car accident cases, and we are ready to help you through this challenging time. For professional and compassionate legal support, you can contact us at (678) 824-6845 or get in touch online. Don’t wait; take the first step towards justice today.