Accidents where drivers cross over to the opposing lane of traffic and hit someone dead-on seem sometimes to be epidemic. It happened again today in a fatal accident in Georgia. A 59-year-old man was killed when a vehicle crossed the center line and struck into his Ford F-150 head-on. The collision occurred on Ga. Highway 162 and County Line Road around 4:20 a.m.
The Georgia State Patrol is still investigating this fatal accident but has already stated that drugs or alcohol are not a factor. That early assurance seems to be a bit premature; at least, it would surely be premature if blood alcohol results have not yet been obtained. Also, it’s almost always negligence for a driver to cross the highway and plow into other cars.
With the negligence determination pretty safely in tow, it appears that the estate of the F150 driver has a wrongful death action against the driver of the other vehicle. His estate can collect for the lost wages and lost earning capacity of the decedent, along with his medical expenses and funeral costs. The lost earning capacity over the remainder of the decedent’s life is often proved by submitting the testimony of an actuary or other financial analyst to compute out the total figure.
The expert’s report can be used to negotiate a settlement with the other side prior to a trial. If that is not achieved then the expert will likely be required to appear for trial to provide that important information. Sometimes this can be done by taking the expert’s video in his office and then playing it for the judge or jury at trial.
Georgia law also provides damages for pain and suffering and loss of life’s pleasures in personal injury actions. In wrongful death actions, the recovery for pain and suffering will be nil or minimal if the decedent did not regain consciousness after the fatal accident. It’s best for those facing these types of questions to consult with an experienced professional who can guide them through the procedure and answer all of their questions.
Source: Rockdale News, “Victim killed in morning wreck ID’d,” Amber Pittman, April 24, 2013
