Others drivers are among the most dangerous hazards present on American roadways No matter how carefully an individual drives, nor how conscientious he or she is about following traffic rules and signals, the actions of other drivers are a common cause of crashes. Driver negligence, incompetence or recklessness can lead to serious injury, or even death in the case of a fatal accident. This may have been the case in a recent Georgia accident in which one driver was killed following a collision with another vehicle.
Police believe that the incident occurred when the decedent’s car was rear-ended by another vehicle. The impact from the collision pushed the car off the road and down an embankment. The authorities are still investigating the incident in order to determine who was responsible for the car crash. The vehicle that rear-ended the decedent’s car contained two men; however, both deny being the driver.
The police were not able to immediately determine which man was the driver because when they arrived on the scene both men were standing outside of the car. Following impact with the other vehicle, the car had rolled over a curb and crashed into a tree. Police have arrested both men and will undoubtedly continue to question them in an attempt to ascertain which man was driving the car at the time of impact. The identity of the driver can be important in any future civil lawsuit, since the plaintiff will need to name the defendant. However, in this case, it may be possible for the plaintiff to name both defendants in the complaint without knowing for sure who the driver was.
No lawsuits have yet been filed in the matter; however, the decedent’s estate could decide to pursue a wrongful death lawsuit in order to gain reimbursement for the loss of life that resulted from this fatal accident. Although no lawsuit can replace a lost loved one, the proceeds from a successful suit could help the family pay for funeral costs and other related expenses. Mounting a successful wrongful death suit in Georgia will require formulating a strong legal argument based upon the evidence available, and presenting that argument in a court of law.
Source: First Coast News, “Ga. driver killed after car is rear-ended in crash,” Sept. 20, 2012