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Jason R. Schultz P.C

How Negligence Laws May Impact Passenger Injury Liability in Atlanta


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12/14/2012
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If you suffered a passenger injury in a car accident in Atlanta, liability will depend on the circumstances surrounding the crash. An auto accident attorney can help determine if the driver or another motorist could be held liable in a claim. 

Compensation could be available for your: 

  • medical expenses;
  • lost wages; and
  • pain and suffering. 

Georgia Negligence Laws 

In Georgia, modified comparative fault – the 50 percent rule – is the system used to determine negligence and whether damages that may be recovered. 

So let’s say you were riding as a passenger in a car heading down Joel Cowan Parkway outside of Atlanta. The car you are in collides with another vehicle. It is later determined that the driver of the vehicle you were inside was 60 percent at fault for the accident. Although that driver cannot recover damages since he or she was found to be 50 percent or more at fault, it doesn’t prevent you from pursuing legal action because it does not speak to your own fault; just that of the driver. 

When Car Passenger Injury Could Be Attributed to You 

Of course, if you were found to have contributed to the accident such as by distracting the driver in some way, you may be found somewhat at fault as well. These cases may be complex at times and may require a greater familiarity with negligence laws. 

Contacting an Auto Accident Attorney 

When it comes to passenger injuries, according to the Centers for Disease Control and Prevention (CDC), one of the groups most at risk are children. In 2009 there were 179,000 children 14 or younger injured and 1,314 children killed in an auto accident. 

Whether you are trying to determine liability for a passenger's injury involving yourself or a loved one, it may be a good idea to seek legal counsel with an attorney familiar with these cases.  

Contact an attorney at the Law Offices of Jason Schultz at 404-474-0804. We can evaluate your case to help you figure out who may be liable for passenger injuries that resulted from the accident in Atlanta.



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