Georgia’s road safety framework is supported by a comprehensive set of laws and regulations designed to protect all road users. These laws cover everything from speed limits and traffic signals to vehicle maintenance and driver behavior. Despite these stringent laws, many drivers tend to neglect their responsibilities, leading to frequent accidents.
At Miller Injury Trial Law, we believe that negligent drivers should face the consequences of their actions. We are committed to safeguarding the rights of car accident victims and helping them get the financial compensation they deserve.
Call us today at 855-44MILLER to schedule a free consultation with a highly-rated Kennesaw, GA car accident lawyer at our firm.
Dangerous Intersections in Kennesaw, GA
The risk of car accidents tends to be significantly higher at intersections due to complex traffic patterns and high traffic density. Some of the busiest intersections in Kennesaw, GA include:
- Cobb Place Boulevard and Ernest W Barrett Parkway
- Shiloh Road and Frey Road
- Bells Ferry Road and Chastain Road
- Cherokee Street and Shiloh Road
The Role of Driver Negligence in Car Accidents in Kennesaw, GA
Under Georgia law, all drivers have a fundamental duty of care to operate their vehicles in a manner that is safe and reasonable. Drivers are required to act prudently and take factors like road conditions, weather, traffic signals, and the presence of other road users into account while driving. Essentially, this means adhering to traffic laws, remaining attentive, and avoiding actions that could foreseeably cause harm to others.
Despite this clear legal obligation, many drivers consistently disregard their duty of care. Common examples of driver negligence include speeding, running red lights, distracted driving (such as texting or using a phone), driving under the influence of alcohol or drugs, and failing to yield. In Georgia, where traffic congestion and diverse driving conditions present their own set of challenges, driver negligence can be even more dangerous and lead to catastrophic consequences for other road users, who are often left to deal with the fallout of someone else’s disregard for the law.
Apart from Negligent Drivers, Who Else Can Be Held Liable for a Car Accident in Kennesaw, GA?
While negligent drivers are often the primary parties held liable for car accidents, other parties can also be held liable depending on the circumstances. These include:
- Vehicle Manufacturers: If a defect in the vehicle contributed to the accident, the manufacturer can be held liable.
- Employers: If the at-fault driver was operating their vehicle as part of their job (e.g., delivery drivers or truck drivers), their employer can be held vicariously liable for the accident.
- Government Entities: If the accident was caused by a defect or hazard in the roadways, such as poor road maintenance, inadequate signage, or faulty traffic signals, the government agency responsible for maintaining the roads could be liable.
- Other Road Users: In some cases, third parties who contribute to the accident, such as pedestrians or cyclists, may share some liability if their actions played a role in causing the accident.
Can Parents Be Held Liable for a Car Accident Caused by a Minor?
Yes. According to Georgia Code Section 51-2-2, parents can be held liable for car accidents caused by their minor children under certain circumstances. This liability can be based on the vicarious liability doctrine or the family purpose doctrine:
- Vicarious Liability: Parents can be held vicariously responsible for the negligent acts of their minor children if they consented to the minor operating the vehicle. This means that if a parent knowingly allows their minor child to drive, and the child causes an accident due to negligence, the parent can be held liable for the damages.
- Family Purpose: In addition to vicarious liability, Georgia’s Family Purpose doctrine also holds parents financially responsible for damages caused by their minor children, or any other family member living in the same household, in certain situations. Under the doctrine, parents can be held liable for the damages resulting from the negligent or willful misconduct of their minor children or any other family member in the same household, including car accidents.
Can I Sue the Other Driver Even If I Was Partially Responsible for the Accident?
Yes, you can. Under Georgia’s modified comparative fault law, you have the right to sue the other driver and recover damages even if you are partially at fault – as long as your share of fault does not exceed 50%. Here’s how it works:
- Determination of Fault Percentages: During the legal process, the fault is assessed to determine the extent of responsibility each party bears in the accident. For example, if you’re found to be 30% at fault and the other driver is 70% at fault, the court will allocate fault percentages accordingly.
- Reduction of Damages: If you are partially at fault, your potential recovery is reduced by your percentage of fault. For instance, if you are awarded $100,000 in damages, but are found 30% responsible for the accident, your recovery will be reduced by $30,000, resulting in a final award of $70,000.
- Threshold for Recovery: You can only recover damages if your degree of fault does not exceed 50%. If you are found to be 51% or more responsible for the accident, you cannot recover any damages from the other driver.
How the Highly-Rated Kennesaw, GA Car Accident Attorneys at Miller Injury Trial Law Can Help You
Accurate Evaluation of Your Damages
Insurance adjusters might not always provide you with a complete picture of what you are entitled to and their offers might not reflect the full scope of your financial and emotional impact. This is one of the main reasons why you need legal representation. We can evaluate the full extent of your damages, including your immediate medical expenses, future medical costs, lost wages, pain and suffering, and other losses, and maximize the value of your claim.
Leveling the Playing Field
Effective legal representation can level the playing field between you and the insurance company. We have the expertise and experience to negotiate effectively and advocate on your behalf. We understand the intricacies of personal injury law, what kind of strategies insurance companies use to deny or reduce their liability, and how to counteract them to achieve a fair settlement. We can also handle all communication and paperwork, allowing you to focus on your recovery.
Protecting Your Right to Compensation
We can make sure that your rights are protected throughout the negotiation process. We can review settlement offers, determine whether an offer is reasonable, and make sure you aren’t pressured into accepting anything less than what you deserve. If necessary, we can also pursue legal action if a fair settlement cannot be reached.
Choose Experienced Kennesaw, GA Car Accident Lawyers to Recover Maximum Damages
If you have been injured in a car accident and want to pursue a personal injury claim, turn to Miller Injury Trial Law for unparalleled legal representation. Call us today at 855-44MILLER or contact us online to schedule a free consultation with a seasoned Kennesaw, GA car crash lawyer at our firm.
