Last month, a Georgia truck accident resulted in a University of Georgia student losing his life. According to a local news report covering the tragic accident, the collision occurred in the evening hours on Interstate 20, when an eastbound trucker lost control of his rig. Evidently, the truck flipped over onto its side before colliding with two vehicles and then a barrier wall. After the truck smashed into the wall, debris was thrown across the highway.
Apparently, the student was traveling in the westbound lanes on I-20 when debris from the truck struck his vehicle. The student died as a result of the injuries he sustained in the accident. Police arrested the truck’s driver, charging him with several serious crimes, including second-degree homicide by vehicle.
Georgia Wrongful Death Cases Following Fatal Truck Accidents
In Georgia, family members who have lost a loved one due to another motorist’s negligence can pursue a claim for compensation through a Georgia wrongful death lawsuit. Under Georgia law, a wrongful death claim can be brought by a surviving spouse, child or, if the accident victim as a minor, a parent.
To establish liability in a Georgia wrongful death lawsuit, a plaintiff must show that the defendant’s negligent act (or failure to act) resulted in the death of their loved one. In most situations, this requires a plaintiff the basic elements of a Georgia negligence claim:
- that the defendant owed the accident victim a duty of care;
- the defendant, by act or omission, violated that duty;
- the defendant’s breach of the duty owed to the accident victim was the cause of the victim’s death
- the victim sustained injury or death.
All Georgia motorists have a duty to those with who they share the road to drive safely and to obey all traffic laws and posted traffic signs. Thus, in the context of a Georgia motor vehicle accident resulting in death, the first and fourth elements are typically easily met. However, there is often substantial litigation over the remaining elements. Thus, it is best that anyone who is considering a Georgia wrongful death lawsuit reach out to a dedicated Georgia personal injury attorney to discuss their case as soon as possible.
Do You Need a Georgia Personal Injury Lawyer?
If you have recently lost a loved one due to another motorist’s negligence, you may be able to pursue a claim for financial compensation through a Georgia wrongful death lawsuit. At McAleer Law, we have extensive experience assisting clients and their families in pursuit of claims against those responsible for their injuries or losses. We represent clients across Georgia in all types of injury claims, including Georgia truck accidents, car accidents, slip-and-falls, and injuries caused by dangerous or defective products. To learn more, and to schedule a free consultation with an attorney today, call 404-622-5337 today.
See More Posts:
Georgia’s Supreme Court Holds Wrongful Death Lawsuit Limited by Previous Personal Injury Settlement, Georgia Injury Attorney Blog, July 21, 2018.
McAleer Law Secures a $9,000,000 Settlement for a Family that Lost their Father in a Wrongful Death Case Involving a Big Rig and a Motorcycle, Georgia Injury Attorney Blog, February 8, 2019.