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Law Offices of Shane Smith

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Driver Error and Negligence

Of the millions of car accidents that occur each year, the vast majority are the result of driver error. “Driver error” encompasses a broad range of behaviors that can include things like speeding, distracted driving, failure to obey traffic signals, or not looking before changing lanes. People injured in these accidents may be able to recover from the driver or their insurance company by bringing a Georgia personal injury claim. Bringing a personal injury claim is a complicated task, and it is advisable for car accident victims to retain the services of an experienced Coweta County personal injury attorney in order to maximize your chances of recovery.

 

“Driver Error” Can Take Many Forms

Under general tort law principles, drivers owe others a duty of care to drive in a way that does not create an unreasonable risk of harm to others.  When a driver fails to meet this standard, he or she may be deemed to have been “negligent,” and may be held liable for any damages that result. Some of the more common ways that drivers engage in negligence include:

  • Speeding
  • Distracted driving
  • Impaired driving
  • Failure to observe traffic signals
  • Failure to observe stop signs
  • Driving while fatigued
  • Failure to properly maintain a vehicle
  • Failure to yield to pedestrians
  • Reckless driving
  • Failure to signal

 

Under the doctrine of negligence per se, a driver is presumed to be negligent if it can be shown that he or she was in violation of a relevant statute at the time of an accident. This presumption is rebuttable, meaning that the defendant has an opportunity to introduce evidence that he or she was not acting negligently under the circumstances.

Contact a Coweta County personal injury attorney for a free consultation

If you or a loved one has been injured in a car accident that you believe may have been the result of driver negligence, you may be entitled to compensation for your injuries and other losses. To schedule a free consultation with one of our experienced personal injury attorneys, call our office today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia