This blog post addresses an incredibly sad story in the Atlanta news today. It involves a wrongful death of a child in an auto accident/pedestrian accident case and personal injury to the child's mother. This incident happened in DeKalb County, next door to Gwinnett County where my practice is located. I handled personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. This post addresses some of the legal issues in a Georgia personal injury and wrongful death case such as the tragic one today.
Today the AJC is reporting heartbreaking news from DeKalb County, Georgia, where an eight year-old girl and her mother were struck by a car. The girl has died and her mother has moderate injuries. Reportedly the girl and her mother were in a marked crosswalk and crossing the street for her school bus, which was stopped with its lights flashing and stop sign out. The driver of the car, whose name has not been released, has allegedly been arrested and charges are allegedly pending.
First and foremost thoughts and prayers should be with the mother of the child and her family.
Potential Liability in this Georgia Pedestrian Fatality and Injury Accident
I have written before about Georgia's rules of the road applicable to school buses (click here for that post). From a legal perspective this case would, after full investigation to determine if the driver was at fault, involve potential claims by child's parents for wrongful death and a personal injury action for the mother based on her injuries.
In addition to evaluating negligence of the driver of the car, the early reports from the AJC seem to indicate the potential of violations involving O.C.G.A. § 40-6-163 for unlawfully meeting a school bus and O.C.G.A. § 40-6-91 for failing to yield to a pedestrian in a crosswalk.
Investigation in a Georgia Pedestrian Fatality or Injury Case
Typically in fatality accidents such as this one the accident investigation unit of the DeKalb Police Department will complete a full investigation including an accident reconstruction report. They will typically download any data from the onboard computer of the offending vehicle to determine potential negligence based on speed or lack of braking. They will also typically do a full analysis of the vehicle to determine if there were any defects with the vehicle and to determine if it was properly maintained in areas such as the braking system and tire tread. Sometimes they will also look at cell phone records of the driver to see if phone usage at the time is an issue (distracted driving or texting and driving).
Sources of Recovery in a Georgia Pedestrian Fatality or Injury Case
If it can be shown that the driver of the car in this Georgia pedestrian accident is liable through negligence and/or other violations of the rules of the road, the amount of automobile liability insurance she carried will be the first source of recovery of damages. Hopefully, this is more than the Georgia minimums of $25,000 per person and $50,000 total in any one incident. Unfortunately, it is not uncommon for motorists in Georgia to have bare minimum coverage.
A second source of potential recovery, and a major reason why a Georgia personal injury and wrongful death lawyer should be retained promptly, is uninsured motorist coverage on any auto policy in the household of the mother or child. It is important to protect your household to have this coverage on all of your auto policies. The reason is because this coverage can be a source of recovery in any accident involving a motor vehicle, including when a member of your household is struck as a pedestrian. This coverage can cover any loss should the driver of the car not have insurance or any amount of loss that can be proven as greater than the other driver's policy limit. Uninsured motorist coverage typically has strict time limitations and requirements for how your insurance company must be notified in the event of an injury. Failure to comply with your policy can result in a denial of coverage and a personal injury lawyer can ensure this is done correctly.
Again, car accidents and pedestrian accidents such as the one today are tragic and heartbreaking. One family will never be the same. Our thoughts in prayers are with the girl and her family.
If a loved one of yours has been injured lost in a car accident, pedestrian accident, or any other type of personal injury or wrongful death incident in Georgia, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation.
Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.