Fatal New Year’s Eve Wreck in Barrow County

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Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Investigators believe alcohol was the primary factor in a serious collision that killed one person and sent another one to a hospital.

The wreck happened near the intersection of Dee Kennedy Road and Emperor Lane. According to state troopers, a 55-year-old man, who was behind the wheel of a pickup truck, smacked into the rear of a 20-year-old’s Ford Focus. The force of the collision caused both drivers to lose control of their vehicles. The Focus left the road and careened into a tree, killing the driver almost instantly. Emergency responders rushed the other driver to a nearby hospital.

Charges are pending against the truck driver as the Georgia State Patrol Specialized Collision Reconstruction Team continues its investigation. 

First Party Liability in Alcohol-Related Wrecks

Authorities determined to crack down on drunk drivers in the 1980s. All these years later, alcohol still causes about a third of the fatal car wrecks in Georgia. This substance clouds judgement and adversely affects motor skills. People who are under the influence of alcohol often misjudge things like the distance between themselves and another vehicle or the timing of a red light. Additionally, they are less able to control their vehicles and adapt to changing situations.

If an emergency responder issues a citation for DUI or a related offense, the negligence per se shortcut could apply. Tortfeasors (negligent drivers) could be liable for damages as a matter of law if:

  • They violate a safety law, and
  • That violation substantially causes injury.

Authorities normally issue DUI tickets if the driver was intoxicated. Most people are intoxicated after they have three or four drinks. Alcohol impairment is different. Dangerous impairment, which includes the aforementioned effects, usually begins with the first drink. Evidence of impairment includes:

  • Physical driver symptoms, like bloodshot eyes,
  • Erratic driving prior to the wreck,
  • Tortfeasor’s statements about alcohol use, and
  • Previous likely alcohol consumption.

If the tortfeasor recently visited a bar, restaurant, or other commercial establishment that served alcohol, it is more likely than not that s/he had at least one drink there. More likely than not (a preponderance of the evidence) is the burden of proof in civil court.

Third Party Liability

The aforementioned evidence, especially physical symptoms, could also be admissible to prove vicarious liability. Commercial alcohol providers could be financially responsible for car crash damages if they illegally sell alcohol to patrons who cause vehicle collisions. Examples of illegal sales include:

  • Underage patron,
  • After-hours or before-hours sale,
  • Unlicensed sales, and
  • Sales to intoxicated individuals.

Additionally, a car crash must be foreseeable to the provider. Foreseeability is often difficult, but not impossible, for a Marietta personal injury attorney to prove in packaged alcohol transactions. However, it’s usually foreseeable (possible) that a person will open a beer and drink it on the way home.

Vicarious liability theories, like dram shop alcohol provider liability, are especially important in catastrophic injury and wrongful death claims. Frequently, individuals do not have enough insurance coverage to provide fair compensation in these cases. Georgia has one of the lowest auto insurance minimum requirements in the country.

Compensation in a vehicle collision matter usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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