Severe Types of Negligence Behind the Wheel

Different forms of negligence can cause severe car accidents, including driving under the influence of alcohol (DUI), and racing. In Georgia, 416 out of 1,493 fatalities in 2008 were caused by alcohol impairment. Driving while intoxicated is one of the most obvious forms of legal negligence, as the dangers of drinking and driving are well known.

Racing occurs when 2 or more cars travel at extremely high speeds, often on roads with other traffic. Extreme high speed slows brake time and increases the chances of a driver losing control of their vehicle, putting other drivers at great risk.

Establishing Accident Liability

If you're going to base a Georgia personal injury claim on negligence, you must prove that the person you are seeking damages from is liable for your injuries. You can do this with the help of an Atlanta personal injury attorney who can look at the specifics of your case and the evidence available to help determine whether you can meet the basic criteria of establishing accident liability.

To prove accident liability, you'll need to satisfy each of the following requirements: 

  • that the other driver owed you a duty of care;
  • the other driver breached that duty;
  • if it was not for that breach of duty, you would not have been injured; and
  • you can directly prove that your injuries and other damage were a direct result of the other party's actions or inactions.  

If your Georgia personal injury claim fails to prove any of these factors, the other party will not be held liable for your accident.

Special Circumstances with Accident Liability

Maybe more than one person was involved in the accident, as in the case of street racing. That may mean that there are several defendants in your case. To recover damages, you and your Atlanta personal injury attorney will need to prove each party's negligence and the extent of that negligence. As you can imagine, the more parties involved, the more complicated the injury claim can become. If this applies to your circumstances, your attorney can explain what challenges or complexities apply to your case.

Contacting an Atlanta Personal Injury Attorney

If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case.