Most motorcyclists in Georgia are experienced riders who take every precaution to avoid being involved in a motorcycle accident. However, the reality is that in many of these accidents the fault doesn't lie with the motorcyclist - another negligent driver is the cause. When a person is involved in a motorcycle accident there is the potential that they will suffer catastrophic injuries, or at the very least broken bones.
The immediate aftermath of the loss of a loved one is not the best time for most people to be thinking about lawsuits and legal claims. Unfortunately, if the person's death was caused by another party's act of negligence, this period of time can be especially significant in the long-term view of a wrongful death action.
Accidents can be a fact of life. Accidents can happen at any time in any place, and happen to even the most careful of people. By their very definition, there is little that can be done to prepare for a truly random accident. But many accidents really aren't random occurrences caused by random coincidence. These accidents can be traced to the action or inaction of a person. Workplace accidents come in all shapes and sizes. Some accidents are so random that no amount of preparation could have prevented them while responsibility for others lies solely at the feet of one or more actors.
A wrongful death lawsuit is an opportunity for a deceased person's estate or their loved ones to recover compensation for the loss of life. The goal is to hold accountable the person, people or entity responsible for the individual's death. Most wrongful death cases are determined by proving a claim of negligence or that there was intent to harm against the defendant. In order to make a showing for a case of negligence, a Georgia resident must prove the elements by a preponderance of the evidence.
When on the road in Rome and throughout Georgia, drivers need to be vigilant of the presence of large trucks on the road. These vehicles are heavy, massive and can cause a significant amount of damage if there is a collision, especially if it is with a smaller vehicle. While in most instances, a truck driver is cautious and operates his or her vehicle safely, there are times when the driver might have been driving too long without a break, is speeding or violating some other law leading to a semi truck accident. Even if the driver is operating the vehicle safely, circumstances can lead to a crash.
The vast majority of all civil cases, including those in Georgia, end with a determination and an award of damages. The exact nature of the damages received will depend on the type of case that is being heard and what the plaintiff request. Often times, what damages boils down to is a monetary award based off of compensatory or punitive. A wrongful death judgment can include an award for damages based off of one or both theories.
Firearms, regardless of whether or not they are legal, are extremely dangerous. Of course, not all firearms are involved in horrific accidents. There are a large number of sporting activities that involved guns and, for the most part, are participated in safely and without incident. However, the weapons' inherent danger unfortunately can present itself with terrible consequences, as a recent fatal accident shows.
With all the ads reminding drivers to drive safely around motorcycles and to avoid driving after consuming alcohol, there is no reason a drunk driver should be on the road. There is also no reason a driver should hit a motorcycle. In a recent accident along Interstate 75/85 in Atlanta, an alleged drunk driver hit a motorcycle in an accident that was fatal.
The spring and summer months are a time of heightened motorcycle traffic in Georgia and throughout the country, and drivers of trucks and passenger vehicles should keep an eye out for riders. Too often, failure to see a motorcycle results in serious injuries.
Motorcycle riders are left exposed to the elements with little to protect them from injury in the event of a crash. Receiving compensation for such injuries requires exceptional attention to detail and a firm understanding of the law. Even when a crash is clearly the fault of another party, insurance companies may try to minimize coverage by claiming that a motorcyclist was somehow responsible for the accident.