Brunswick Auto Accident Attorney
Generally, these incidents are not “accidents.” In fact, driver error causes over 90 percent of the vehicle collisions in Georgia. This driver error could be motorist impairment. Examples include driving while distracted, fatigued, or under the influence of drugs or alcohol. Operational errors, such as speeding or changing lanes unsafely, causes many other serious injury collisions in Glynn County.
The diligent Brunswick auto accident attorneys at Gillette Law sometimes make mistakes, as we all do. But since we work hard and pay close attention to details, these mistakes are rare. Our commitment to our clients prompts us to always go the extra mile. So, we work hard to collect evidence and build a strong damages claim. Then, when the case goes to court, we never stop fighting for you.
First Party Liability
There’s a difference between a mistake and negligence. A mistake is usually a one-time error. Negligence, on the other hand, is a complete lack of care. Most noncommercial drivers in Georgia have a duty of reasonable care. They must avoid accidents when possible and always drive defensively. Commercial operators, like Uber drivers, usually have a higher duty of care.
There are basically two negligence theories in car wreck claims. Ordinary negligence is a lack of ordinary care, and negligence per se is a lack of statutory care. Distracted driving accidents, which were mentioned above, illustrate the difference between these two principles.
In 2018, Georgia lawmakers approved one of the country’s broadest cell phone bans. Drivers may not touch or use a hand-held device while they are behind the wheel. Therefore, if a driver’s hand touches a hand-held cell phone, that driver could be liable for damages as a matter of law. This doctrine is called negligence per se (negligence as such).
However, even though this law is very broad, it only goes so far. There are a number of exceptions and loopholes. Furthermore, the law says nothing about hands-free cell phones. There is evidence that driving while using one of these gadgets is as dangerous as driving while drunk.
In these cases, our Brunswick auto accident attorneys normally employ the ordinary negligence doctrine. If the victim/plaintiff proves negligence by a preponderance of the evidence, or more likely than not, compensation is available. Evidence in device distraction claims includes statements the tortfeasor (negligent driver) made about cell phone use, erratic driving before the wreck, and device use logs.
Damages in a negligence claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well, in some extreme cases.
Third Party Liability
Frequently, the tortfeasor (negligent driver) is only legally responsible for damages. A third party is financially responsible for them.
We also mentioned alcohol use above. Georgia’s dram shop law often holds commercial alcohol providers, like restaurants and bars, vicariously liable for car wreck damages. Georgia Code Section 51-1-40 could apply if a provider sells alcohol to a minor or to any person who is visibly intoxicated. Evidence of intoxication includes slurred speech, bloodshot eyes, and unsteady balance. Social hosts might also be liable for damages, under negligent undertaking or another separate legal theory.
Vicarious liability theories like dram shop liability are especially important in catastrophic injury claims. Frequently, individuals don’t have enough insurance coverage to fully compensate wrongful death survivors and other such injury victims.
Contact a Diligent Glynn County Car Accident Lawyer
All serious injury victims are entitled to fair compensation. For a free consultation with an experienced Brunswick auto accident attorney, contact Gillette Law, P.A. We routinely handle matters in Florida and Georgia.
