Hit-And-Run Accident Blamed on New Car Smell


January 05, 2011

Many Georgia car accident victims suffer serious injuries including head and neck injuries, traumatic brain injuries, paralysis, loss of limbs, severe disfigurement, and permanent disability at the hands of distracted drivers, reckless drivers or drivers otherwise engaged in negligent and unsafe driving practices. Pursuing just compensation for injuries suffered in a serious car accident almost always involves complex legal and factual issues, the challenge increases significantly when a hit-and-run driver causes a Georgia auto accident.

An investigation is often necessary to track down the hit-and-run driver. If the hit-and-run driver who fled the accident scene cannot be located, then one may be compelled to pursue a claim against one's own insurance company under one's uninsured motorist coverage.

At Montlick and Associates, Attorneys at Law, we have been representing Georgia hit-and-run accident victims for over a quarter of a century. A hit-and-run driver recently attempted to utilize a novel and unique excuse for the driver's hit-and-run accident. The driver claimed that his month old car's "new car smell" made him do it. Our experienced hit-and-run car accident attorneys routinely use our knowledge and expertise to ensure such attempts do not prevent our clients from obtaining compensation for their injuries.

While intoxication including driving under the influence of alcohol or while impaired by drugs is not a defense to a civil lawsuit for causing a car crash resulting in serious injuries or wrongful death, this hit-and-run driver claimed his vehicle's "new car smell" was responsible for the car accident and decision to flee the scene of the car wreck. The "new car smell" is comprised of a combination of chemical substances from the leather, plastic and cloth materials that comprise the interior passenger compartment of a new car. The odor has become so distinctive that it is sold as a scent for car air fresheners.

A defendant in a recent hit-and-run lawsuit claimed that he was "intoxicated" by the smell and was not responsible for his hit-and-run car crash. The hit-and-run driver even presented evidence from an accident reconstruction expert who claimed that "noxious fumes" from the car's upholstery could have altered the hit-and-run driver's senses. The defense, in essence, is that the car manufacturer caused the accident by using intoxicating chemicals and not warning the driver who caused the accident of the potential impact of inhaling the fumes on one's driving ability.

While it is unclear whether this defense will be successful, it is a testament to the types of defenses used by insurance company lawyers to avoid or reduce liability for the negligent driving of their insured. Montlick and Associates, Attorneys at Law, has been representing Georgia hit-and-run accident victims for over 25 years. If you or your loved ones suffer serious injuries or wrongful death in a hit-and-run auto accident or any other type of auto accident, contact Montlick & Associates to learn how we can help. Our experienced Georgia hit-and-run 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 located we are just a phone call away, and we will even come to you.

Category: Auto Accidents

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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.