The woman was running errands with her husband and their two young children in the family’s SUV on I-85 when the collision occurred.

Police say the accident occurred when a tractor-trailer forced the family’s SUV out of its lane and into a box truck traveling next to them. The force of the initial impact was so great that the SUV then flipped several times and travelled over the guardrail before coming to rest on the on-ramp at Steve Reynolds Boulevard.

The woman was ejected from the SUV, and later died as a result of her injuries. The children were transported to the local children’s hospital, and were accompanied by their father.

Authorities revealed that the driver of the tractor-trailer did not stop at the scene of the accident. Luckily, however, the driver was later tracked down in Cobb County, and was interviewed by police. Police reported that the crash is still under investigation and it remains unclear what, if any, charges will be filed.

Under Georgia law, drivers are held liable for the collisions that they cause when they breach a legal duty. For example, negligent drivers are subject to liability when their reckless driving results in accidental injury. These drivers are deemed to be at fault because their failure to exercise due caution directly resulted in harm. Common examples of this sort of liability arise in situations where drivers are speeding excessively, are intoxicated, drive aggressively, fail to yield, or drive in other ways which are not in accordance with how a typical safe driver might proceed.

In this case, there seems to be evidence that the truck that initially nicked the SUV may have been at fault. While it is unclear why the initial collision occurred, fatigue is a common reason that truck drivers become involved in collisions. When truck drivers are to blame for causing accidents, the individuals whom they injure could potentially have a claim against their employer. Potentially recoverable expenses include things such as hospital or other medical bills, future lost earnings, pain, suffering, anguish, lost relationship, reasonable funeral expenses, etc. An experienced Atlanta car accident attorney can fully advise you regarding the potential recovery to which you may be entitled as a result of your collision.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog,published June 28, 2013

Among the victims, a 14 year old girl was killed and five additional members of her family, which included two infants, were injured.

According to a police spokesperson, the accident occurred slightly before noon, when a Ford Expedition lost control, causing it to strike the center guardrail, and then spun back into traffic hitting at least one other vehicle. Five of its seven passengers were then ejected from the vehicle. Authorities reported that their preliminary investigation revealed that the individuals were not properly restrained. The young girl was announced dead at the scene.

Of those ejected, a four year old girl suffered multiple fractures. Twin two month old children suffered severe head injuries. According to police the children are receiving treatment at the local children’s hospital for treatment.

The other passengers included a 16 year old girl being treated for serious injuries, and a 30 year old female passenger being treated for non life-threatening injuries.

The 19 year old female driver was reportedly not injured. The crash remains under investigation, but police believe that speed and weather played a role. Investigators reported that the driver was related to all of the injured passengers. According to authorities, charges are pending against the driver.

While the exact details surrounding the accident remain unreported, one of the distinguishing features of this accident is the readily apparent potential negligence claims. For example, the fact that two month old infants and a four year old girl were ejected from the vehicle suggests that there may be legally negligent behavior surrounding the manner in which they were improperly restrained.

In Georgia, automobile accidents are the leading cause of death and injuries for children ages one to 12 years.  In 2009 alone,  1,314 children were killed and 179,000 were injured across the country. According to the National Highway Traffic Safety Administration (NHTSA), four out of every 10 children under six who die or are seriously injured in auto accidents were unrestrained or improperly restrained. Georgia Law requires that children sit in the back seat of a vehicle, and further requires a car seat or booster seat suitable for height and age for all children under the age of eight. Therefore, the improper use of car seats, or other required restraints for these young children could potentially provide the basis for a negligence claim against the driver for the injuries they suffered. Additionally, the manner in which the driver was operating the vehicle in general could provide the basis for a claim. Factors considered in negligence cases include the speed at which the driver was traveling, considering the relevant traffic and weather conditions, and cause for the loss of control, among others.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with the Law Office of Stephen M. Ozcomert Immediately. Attorney Ozcomert has over 20 years of experience as a car accident attorney, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog, published June 28, 2013

According to reports, the accident happened at around 1 in the morning Friday, and involved four vehicles. These included a Ford Escape, a pick-up truck, a Jeep, and a tractor-trailer.

Police stated that based upon their initial investigation, they believe that the cause of the accident may have been when a pick up truck turned left into the path of a tractor-trailer heading northbound. Sadly, the driver and passenger of the pick up were killed, and another individual died as a result of the chain reaction accidents.

The northbound lanes of Highway 365 near the accident site remained closed to traffic for almost nine hours. The main task in clearing the roadway was righting the overturned tractor-trailer, which entailed unloading part of its frozen chicken product cargo.

The area where the crash occurred is apparently a busy intersection, with several residents reporting that a traffic signal was installed recently.

While the reported facts are limited in this case, it seems that the cause of the accident, and the resulting chain reaction accidents, was the pick up turning left without sufficient time for it to make the turn, or for the tractor-trailer to stop. Large trucks cause extensive damage due to their immense size and inability to stop in the case of  sudden changes in the roadway, such as in this case.

A common type of lawsuit in car accidents, such as this one, is brought under a theory of negligence. By definition, this means that the plaintiff (person bringing the suit) must show that the person who caused the accident was driving his or her car in a way that was not in accordance with what a reasonably prudent person would do. Common examples of driving in this manner include when drivers speed excessively, drive aggressively, engage in distracted driving, fail to observe relevant traffic laws or right of way, etc. A successful claim also requires a showing that it was this negligent behavior which actually caused the accident, and subsequent injury or other damages to occur.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney immediately. Stephen Ozcomert has extensive experience in representing victims of car accidents and their families. He boasts more than 20 years of experience as a personal injury attorney in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog, published June 28, 2013