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On Monday morning, a three-way vehicular accident involving a truck took the life of a 65-year-old woman in Georgia. The woman’s vehicle, an Impala, collided with a Freightliner after being struck by the front of the truck and became pinned under the car. The two cars traveled into an intersection, where they collided with a Mustang. The impact caused the truck and the Impala to separate but the two vehicles skidded into a shopping center. While the truck driver and the driver of the Mustang were uninjured, the accident took the life of the older woman; she was pronounced dead at the scene. Members of the community are saddened and concerned about the accident, stating that the road’s driving conditions made it difficult to come to a complete stop early enough to prevent the death of the woman. In this scenario, who is responsible? Did the truck driver have a duty to stop?
Liability
In the aforementioned case, the Mustang driver was at an intersection, following all the duties expected of an ordinary driver in his circumstance. Because the truck and Impala collided with him, he will have no liability and will be compensated by the responsible party. That leaves the question: who is responsible? Although the details are unclear, two scenarios arise. The woman was struck while making a left turn. If the woman had the right of way, was following all the expected precautions of an ordinary driver in her circumstance, and was driving legally, then the truck driver would be held responsible. However, if the woman made the left turn without exercising necessary precautions or was driving illegally (for example, without a license), then liability may become hers. Simply put, if an individual follows all the rules of the road but is involved in an accident, the law will usually hold the other party responsible, assuming that the other party did not follow the rules of the road and thereby caused the collision. If the woman is found responsible, her estate will compensate both the truck driver and the driver of the Mustang in order to rectify the wrong. In the more serious instance that the truck driver is found guilty, he may be liable for everything from vehicular damage to wrongful death. If you are not careful on the road, you may end up paying for more than you bargained for.
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A car accident can be a mind-wrenching thing. Was I following all the rules? What if I am liable for something that I did not expect? What if I get sued? Will I be able to survive a lawsuit? These are just some of the thoughts that cross our minds within a couple seconds of a car accident. The Law Office of John B. Jackson is here to help. For a free case consultation where you can learn more about your rights after a car accident, reach out to our skilled Georgia auto accident team today.
