In some highway accidents, even the police are drawn into the physical trauma created by a reckless driver. A north Georgia accident just recently resulted in the death of one man, personal injury for another and a trip to the emergency room for a state trooper. The dead man, a 33-year-old from Dahlonega was driving a 1998 BMW, when he crossed the center line of Highway 9 and went into the path of a pickup truck driven by a 34-year-old Dahlonega man.

The pickup and BMW collided. The BMW burst into flames, and its driver was killed. The driver of the pickup was flown to a medical center with unspecified injuries. A state trooper had been following the BMW for tailgating, reckless acts and driving aggressively on the highway. The trooper witnessed the BMW pass in a no-passing zone and entered a curve while speeding when the driver lost control and crossed the line to on-coming traffic.

When the trooper pursued to make a traffic stop he couldn’t stop in time and went into the flaming BMW. The trooper went to a medical center where he was treated and released. The Georgia State Patrol indicated that no charges would be filed because the at-fault party was killed in the fatal accident.

Based on the reported details, it’s fairly certain under Georgia law that the BMW driver would be found at least negligent and at-fault in causing this accident. The driver of the pickup was most likely driving carefully, and is generally entitled to bring a claim for personal injury damages against the estate of the BMW driver. If the total coverage of the at-fault driver is insufficient to pay for all personal injuries suffered, then the injured pickup truck driver may be able to turn to his own auto insurance policy for additional coverage which he may have to cover injuries by underinsured motorists.

Source: AccessNorthGa.com, “Dahlonega man killed in fiery crash on Hwy. 9,” B. J. Williams, April 10, 2013