Plaintiffs pursuing a Georgia personal injury claim must establish four elements to prove their case: 1.) a duty owed by the defendant to the plaintiff against an unreasonable risk of harm; 2.) the defendant’s breach of that duty; 3.) a legally attributable causal connection between the breach and the injury; and 4.) a loss or damage that resulted from the breach. A plaintiff normally has the burden to prove all of the elements, meaning that a plaintiff should provide sufficient evidence to allow a fact finder to reasonably conclude that it is more likely than not that the defendant was negligent by establishing each element.
The element of causation can be difficult to prove in some cases, particularly in cases involving multiple parties and defendants. The mere possibility the defendant caused the plaintiff’s loss is not sufficient to prove the element of causation. In addition, the plaintiff must prove not only that the defendant’s conduct was the actual cause of the plaintiff’s loss, but also that it was a proximate cause of the loss, which requires a showing that there is sufficient connection between the defendant’s conduct and the injury.
Multi-party cases can also involve complicated issues of contributory and comparative negligence. Generally, if a plaintiff had a certain degree of fault in causing the crash, the plaintiff cannot recover for his or her injuries. However, normally if a plaintiff is found to be less than 50 percent at fault, the plaintiff can still recover some compensation, although their damages award will be reduced by their percentage of fault.
Seven Killed in Georgia Multi-Vehicle Crash
Earlier this month, seven people were killed in a multi-vehicle crash on a Georgia interstate. According to a news source, the crash occurred on a Saturday afternoon when an SUV crossed over the median into oncoming traffic for unknown reasons. The SUV then struck a van, resulting in a chain-reaction crash with another van. The crash also caused pieces of debris to land on two other vehicles, causing damages to those vehicles as well. Three out of six occupants in the SUV were killed, as well as all four occupants of the van that first crashed with the SUV. Three other people were also injured. One person was reportedly in critical condition, and all were transported for medical treatment.
The crash occurred about 80 miles northeast of Atlanta in Franklin County, close to the South Carolina border. Authorities declined to immediately release the names and ages of the victims. Georgia State Police are reportedly conducting an investigation into the crash.
Contact an Atlanta Personal Injury Attorney
If you have been injured and believe someone else is at fault, you may be able to recover compensation for your losses. At the McAleer Law Firm, our attorneys handle injury claims arising from serious or catastrophic injuries sustained in a wide range of injuries. We are prepared to fight for the rights of victims in the Atlanta metro area and other Georgia communities. Our experienced Georgia car accident lawyers help clients explore the full range of options and zealously advocate on their behalf. Call the McAleer Law Firm at 404-622-5337 or contact us through our online form to schedule a free consultation.