Tragedy recently struck on Interstate 95 near an exit ramp in Liberty County, Georgia, when a wrong-way driver crashed head-on into a car carrying five people, including three children. According to a local news report, the responsible driver was a 77-year-old man who was driving alone in an SUV and heading south in a northbound lane. The crash killed him and the five individuals in the second SUV, a family from Virginia traveling with their three children, ages 4 to 14. The accident resulted in lane closures at the scene for more than three hours as investigators responded and identified the victims.
When tragic incidents such as this one occur because an individual was driving the wrong way on a highway, there are a variety of claims that might be available to injured victims or a deceased victim’s estate. If the negligent driver survived the crash, he could be personally liable to the victims and their estates through a civil negligence suit or a wrongful death suit. These suits, if successful, typically require the defendant to pay significant damages to the injured victims or their estates.
However, in cases where the negligent driver also dies in the crash, that driver’s insurance company may still be on the hook for any damages caused by the at-fault driver. In addition, there may be other opportunities for recovery. For instance, if the driver was working for someone else when the crash occurred — such as a pizza delivery service — the driver’s employer could be responsible for the employee’s actions through the doctrine of vicarious liability. This would require the accident victim to prove that the driver was operating his vehicle in the scope of his employment when the crash occurred. Another potential avenue for relief is suing the local and state government agencies responsible for maintaining clear and visible road signs. While pursuing a claim against a government entity can present certain challenges, if the driver was confused by a poorly maintained, obscured, or missing road sign, and the city or state may be liable.