Authorities revealed that a 16 year old high school student was killed when he was struck by three different cars on his walk to school this week. The teen was hit as a result of having run into the street to retrieve his skateboard.
Authorities say the boy had been riding his skateboard on the way to school when it suddenly slipped out from under his feet and shot into the street. When he went into the road to get it, he was hit by three different vehicles.
The first vehicle was described by witnesses as a gray or silver Honda sedan, then a Ford Ranger, and finally a Chevy Tahoe. Police said only the driver of the Ford Ranger stopped after the accident. The driver of the Tahoe reportedly contacted police later on, and claimed that he thought he had hit a deer. Neither the driver of the Ranger or Tahoe will face charges.
According to authorities, the driver of the Honda, however, will be charged once the individual is found. Authorities believe it is unlikely that the driver of the Honda was unaware that they had hit something, and that the car likely sustained front end damage from the impact.
Georgia takes hit and run accidents incredibly seriously. State law creates an affirmative duty for drivers to stop their vehicles, and attempt to secure medical assistance for the victims that they have hit; a failure to do so carries harsh penalties:
If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. O.C.G.A. 40-6-270 (2010)
Although hit and run charges are a criminal law matter, the driver who caused the accident is likely subject to a civil suit as well. The nature of liability depends on the way in which the accident was caused, focusing particularly on how the individual was driving at the time of the accident. Drivers must not operate their vehicles in a manner that creates an unreasonable risk of harming other drivers or pedestrians on the road. A failure to comply with this basic standard could provide liability under a negligence lawsuit.
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 as soon as possible. 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. 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:
Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013
Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013
The two-car accident occurred when the young girl’s mother was headed southbound on Old Atlanta Road near Estates of Old Atlanta subdivision when she apparently lost control while on a curve. Her car traveled into the southbound lane and struck a Honda Odyssey. The mother was pronounced dead at the scene. Another passenger, an 11 year old family friend, was taken to the hospital for treatment of non-life threatening injuries to her face.
The driver of the Honda Odyssey was taken to a local hospital with non-life threatening injuries. A seven year old passenger in the van was transported to the hospital for treatment of a broken arm.
Investigators believe that the rainy weather conditions were a contributing factor in the crash.
Sadly, this tragedy is just one of many reported recently whereby at least one individual was killed as a result of a vehicle crossing over into oncoming traffic.
Although it was not reported in this case, in many collisions, crossing over the yellow line occurs when a driver is engaging in distracted driving.
Distracted driving occurs whenever a driver diverts his or her attention from the most important task at hand: driving itself. While the possibilities are potentially endless for what could distract a driver, the most common culprits are activities such as the following:
- Handheld cell phone use
- Personal grooming, such as applying makeup
- Interacting with passengers, whether friends, children, etc.
- Eating or drinking
- Adjusting the radio, music, or other device
Georgia law currently prohibits all drivers from texting while driving, and handheld cellphone use is prohibited while driving for all bus drivers and novice drivers. The legislature recently rejected a more far-reaching distracted driving law, which would have prohibited other distracted activities, such as eating, grooming, and writing while driving. According to distraction.gov, an estimated 10% of collisions in 2011 were believed to be caused as a result of distracted driving, and with the increased use of smartphones, that number is likely to increase.
The reason for the collision is relevant because it can provide a basis for liability. If the driver responsible for causing the collision was distracted, this can provide a foundation for a negligence lawsuit. Negligence claims that the driver was not driving in a manner that a reasonably prudent (safe) driver would have, and that this failure resulted in causing harm to the plaintiff (person bringing the lawsuit).
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 in 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. Our firm is dedicated to treating our clients to the highest ethical standards, and treating each client with the personal attention and highest quality representation that they deserve. 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:
Two DeKalb Police Officers involved in Serious Car Accidents within Two Week Span, Atlanta Personal Injury Lawyer Blog, published August 12, 2013
Tragic Rollover Crash on I-85 in Duluth Ends in Tragedy, Atlanta Personal Injury Lawyer Blog, published July 29, 2013
