ATLANTA SINGLE-VEHICLE ACCIDENT INJURY ATTORNEY

An average of four people die daily on Georgia roads – more than 1,550 in a single recent year, according to the Governor’s Office of Highway Safety in Georgia. Of those killed, 17 percent were pedestrians (who most often die in single-vehicle crashes). Meanwhile, the serious injury rate for Georgia car accidents has climbed from 11.3 per 100 million miles traveled in 2007 to 17.63 million miles traveled in 2018.

It is not uncommon for passengers, pedestrians, bicyclists, and sometimes even the driver to recover damages for single-vehicle crashes. But the types of claims and exactly how much is recoverable will depend on:

• The circumstances of the crash.
• Whether there was a mechanical issue or product malfunction.
• Whether the at-fault party had insurance, and if so, what kind and how much.
• The claimant’s own insurance.
• The degree to which the injured person was at-fault (if any fault was shared).

When there is only one vehicle involved in a car accident, the legal inference is that the person in the best position to avoid the crash is the one who was driving. This is a reasonable presumption, given that 70 percent of Atlanta car accidents are the result of operator negligence and error (i.e., excessive speed/driving too fast for conditions, alcohol or drug impairment, distraction, or fatigue).

In this case, any passengers, pedestrians, or bicyclists who may have been injured can file a claim against the driver.

However in some cases, the driver is not necessarily the only one responsible. In some cases, he or she may not be liable at all.

There are numerous scenarios in which third-party defendants may find themselves partially or wholly liable for a single-vehicle crash. As Atlanta injury lawyers can explain, civil claims and litigation for crash injuries aren’t limited to a single defendant, and sometimes those injured in these crashes may claim damages from more than one defendant.

Some examples may include:

• Employer of the driver. Under the doctrine of respondeat superior (“let the master answer”), an employer is responsible for the negligent conduct of an employee who was acting in the course and scope of employment. We see this often in truck accident cases. There’s also the possibility an employer may be not just vicariously negligent but directly negligent if, for instance, the company failed to properly vet its employees or required workers to be in constant contact via their smartphones, even while driving. In single-vehicle crashes, we’d see this mostly filed by injured pedestrians, bicyclists, or survivors of those killed. Passengers (assuming they are employees, too) and drivers would most likely be covered via workers’ compensation coverage.
• Vehicle owner. Owners of vehicles can be liable for a crash even if they weren’t the ones driving. There’s the family purpose doctrine which, as noted in 2007 by the Georgia Court of Appeals in Hicks v. Newman, imposes liability for the negligence of an immediate family member using the vehicle for a family purpose when a vehicle is maintained by the owner for the use and convenience of his/her family. Vehicle owners can also be held liable when they give permission for others to use their car (permissive use doctrine), when they negligently entrust the vehicle to another, while aware that they may be a danger on the road (negligent entrustment), and even if they fail to take steps to prevent reasonably foreseeable theft, as the Georgia Court of Appeals established in the 1958 case of Roach v. Dozier.
• Bar, Restaurant, Nightclub Owner, Social Host. If an alcohol vendor or social host serves drinks to a person who is either underage or visibly intoxicated knowing that person is likely to drive from that location, that person/business could be held liable for a single-vehicle crash under Georgia’s dram shop law.
• Vehicle manufacturer. Product liability claims may be filed if a crash was caused or injuries exacerbated by a dangerous design flaw or a manufacturer defect in the vehicle itself that led to the crash or exacerbated injuries. We have seen Georgia product liability claims against auto manufacturers and auto parts makers in recent years for things like defective airbags, defective seat belts, defective brakes, defective engines, and more.
• Government agencies. When a government agency is negligent in maintaining the road and it causes a single-vehicle accident, it may be possible to hold the government accountable. However, there are special rules for suing Georgia government agencies and there must be a waiver of sovereign immunity. It is imperative in these cases that you act swiftly (notice deadlines may be tighter) and that you only take action with the help of an experienced injury attorney.

These are just a few examples of cases where a third-party besides the driver could be liable for your crash injuries in a single-vehicle collision. Talking with an injury lawyer will allow you to examine all potential avenues of liability to ensure you receive full and fair compensation.

Victims injured in single vehicle accidents should be represented by a highly skilled Atlanta driving accident lawyer who has the experience needed to hold the insurance company accountable. At Apolinsky & Associates, LLC, we can help Georgia single vehicle driving accident victims recover money for:

• Vehicle repairs.
• Vehicle replacement.
• Ambulance costs.
• Emergency room fees.
• All other hospital bills.
• Required physical therapy.
• Mental health counseling.
• Lost income.
• Pain and suffering.
• Mental distress.
• Disfigurement.
• Loss of limb.
• Wrongful death.

In the event that the sole, at-fault driver is not insured or does not have adequate insurance to cover the full extent of damages, injured parties should consider filing claims with their own uninsured/underinsured motorist coverage or umbrella coverage carrier, if they have it. Consult with attorneys at Apolinsky & Associates, LLC to gain a better understanding of your options.

Under Georgia’s statute of limitations, any personal injury lawsuit that arises from a car or truck accident or injury must be filed within 2 years (GA Code § 9-3-33). Based on this statute of limitations in Georgia, if an injured victim of a single-vehicle accident tries to file their lawsuit after the 2-year window, the court will, in most cases, refuse to hear it, and the victim loses any right to receive compensation for their injuries.

Based on this Georgia statute of limitations alone, it is best to take legal action regarding your single-vehicle accident injury as soon as possible. At Apolinsky & Associates, LLC, our Atlanta personal injury lawyers take the time to collect evidence and witness statements in pursuit of your single-vehicle accident lawsuit.