Fatal I-285 Crash Leads to Vehicular Homicide Charges


October 27, 2010

A major car crash on I-285 in Atlanta this weekend resulted in the tragic death of two passengers in the vehicle, and the driver of the vehicle has been arrested for vehicular homicide. While the cause of the auto accident is still under investigation, the police indicated that the driver was exiting the freeway at I-20 and lost control of the vehicle.

Two passengers in the vehicle were killed instantly on impact while a third passenger has been hospitalized for back injuries. Police indicated that the car rolled several times before finally coming to rest on the roof of the vehicle.

This tragic car accident is a grim reminder of the danger posed to Georgia drivers of being involved in a serious car accident. The families of the deceased now must cope with the stress and grief that accompanies the death of a loved one. They may also face significant financial hardships if they have lost a family breadwinner. The passenger in the hospital may be facing astronomical medical expenses. At Montlick and Associates, Attorneys at Law, we understand what a family goes through following such a tragic motor vehicle accident. While we cannot compensate for the loss of your loved one, we can help you seek to ease the financial burden that can accompany such a horrible ordeal.

Accidents like this one may result from many causes including driver negligence, such as speeding, reckless driving, driving while intoxicated, distracted driving or a host of other driver-related reasons. If the driver caused the accident, he may face both criminal penalties stemming from the vehicular homicide charges as well as civil damages for causing the injuries. It is important to seek legal advice as early as possible if you are involved in a serious car accident of this kind as strict time limits ("statutes of limitations") apply for initiating legal action. Additionally, a claim is best prepared while evidence is fresh. If the driver violated Georgia traffic safety laws by speeding or driving recklessly, the statute of limitations in Georgia may be suspended while the criminal case is pending. It is still best to seek legal advice to be sure how long you have to file a lawsuit to recover damages following such an auto accident.

It is unclear at this point what caused the accident, but serious traffic accidents like this one sometimes result from vehicle failure such as a tire blowout, or steering or braking failures. This may be very important if the driver goes to prison. Sometimes recovering from a person who is incarcerated can be difficult. If a defect in the vehicle or equipment on the vehicle contributed to the accident, the manufacturer of the car or a component part may also be liable. Similarly, a car repair shop may be liable if their inadequate repair contributed to the accident.

A government entity may even be responsible if the negligent design or construction of the roadway itself contributed to the driver losing control and rolling the vehicle. If a government entity like a municipality is involved, the time limit for filing a lawsuit could be as short as six months. Depending on the circumstances, the families of the passengers may file a lawsuit to recover such things as medical costs, lost future earnings, value of life, pain and suffering, loss of consortium (loss of spouse's services/companionship), burial and funeral costs and sometimes even punitive damages.

If you or someone you love is involved in major car wreck like this one, it is important that you seek legal advice so that you preserve your rights. It is difficult to think of such issues when mourning the loss of a loved one, but waiting to seek advice can mean the loss of critical evidence or expiration of the time limit within which a claim must be brought.

Montlick and Associates, Attorneys at Law, has been helping motor vehicle accident victims throughout the State of Georgia for over 25 years. Call the compassionate attorneys at Montlick & Associates today to see how we can help. Our Georgia fatal car accident attorneys are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away and we will even come to you.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.