Icy Roads in Georgia Cause Serious Auto Accident Resulting in Passenger Fatality


January 18, 2011

The icy roads and record setting winter weather in Atlanta continues to mean unsafe roads and serious car accidents. Sadly, Courtney Ferguson, 30, of Acworth was killed in a car crash in which she was a passenger in a vehicle that slid on an icy Marietta road. Icy roads and other adverse road conditions put all occupants of a car, pickup truck or SUV at risk, but passengers have little choice but to put their safety in the hands of the driver of a motor vehicle. Generally, passengers are less likely to be seriously injured in a car accident because a passenger in the back seat of a vehicle is typically less vulnerable.

Nonetheless, passengers account for almost twenty percent of all car occupants killed in auto collisions in the U.S. If you or a family member is seriously injured in a car crash in which you are a passenger, you have a right to seek legal compensation for your injuries from the party or parties at-fault. Montlick and Associates, Attorneys at Law, has been representing passengers injured or killed in Georgia car accidents for over 25 years.

Passengers who suffer serious injury or wrongful death in a Georgia auto accident have an advantage in bringing a claim for compensation for their injuries. As a general rule, the issues of proving fault are less problematic than for claims involving a driver who is injured or killed. The issue of the liability of a third party including the driver in the same vehicle or the other driver is a given. While the Georgia attorney for a passenger needs to carefully review the accident report, conduct a detailed investigation and interview witnesses, this is simply a matter of identifying the correct responsible party. Unlike a driver who is injured, it is rarely the case that the passenger is considered the party who is at fault in a Georgia car accident.

One key for a passenger in preserving a passenger's right to compensation is to seek immediate medical treatment. Because liability of the passenger typically is not an issue in establishing a valid claim, passenger cases typically may be defended more aggressively regarding the cause and seriousness of one's injuries. A passenger who is injured in a serious Georgia car accident who obtains immediate diagnostic evaluation and treatment makes it more difficult for the at-fault party's attorney to claim that a passenger's injures were not caused by the car crash or are not serious. Conversely, delays in treatment or failure to follow through on treatment, therapy or rehabilitation can seriously compromise an injured passenger's ability to obtain full compensation for one's injuries.

A passenger who is injured in a Georgia car wreck can also compromise his or her otherwise strong claim for legal compensation by not seeking prompt legal advice. Although a passenger is not typically the party responsible for causing a serious car accident, the at-fault party's insurance company or attorney will use information you disclose to build a defense to your claim. In passenger injury accidents, the defendant is often a friend or colleague, which can make it tempting to discuss the accident. However, you should not discuss your car accident or injuries with anyone without consulting an experienced Georgia car accident attorney. The adjuster or attorney for the insurance company may seek to show that you somehow caused the driver to be distracted, encouraged the driver to drink before climbing into the car or failed to wear a seat belt to provide for your own safety. These facts will then be used by the other party's attorney to build a defense strategy designed to minimize the value of your legal claim for compensation or deny the claim altogether. All communication with the other parties and their insurance adjusters and/or attorneys should be done by an experienced Georgia auto accident attorney.

It may also be the case that multiple parties are responsible for the car accident. The best Georgia auto accident attorneys will investigate insurance coverage issues to determine the available resources from which you may receive compensation for your injuries, including your own uninsured/underinsured motorist coverage. If you or someone you love has been seriously injured or killed in a Georgia car accident, Montlick and Associates can represent you and help you seek fair compensation for your injuries.

At Montlick & Associates, we have been helping injured people get the compensation they deserve since 1984. We are committed to providing you with exceptional service and to being the best Georgia auto accident lawyers in Georgia. We 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.