Though car accidents are common events, each one has tremendous impacts on the individuals involved. During your lifetime, you may have already been involved in one or more crashes that left you shaken or injured. Unfortunately, no matter how many times this happens to you, dealing with the aftermath does not get easier.
Generally speaking, when an Atlanta car accident is caused by the negligence of someone who is "on the clock" with their employer, the employer can be held vicariously liable for the resulting injuries to the plaintiff.
In an Atlanta car accident lawsuit, the defendant is not always a negligent motorist whose actions led to a crash. Sometimes, a party who was not even present at the accident scene may be named as a defendant - such as in a product liability lawsuit against the manufacturer of an uncrashworthy vehicle or, as in a recent appellate case, a city (and city officials) who allegedly failed to maintain a roadway, thus causing an accident.
In order to recover money damages for injuries or a loved one's wrongful death following an Atlanta car accident, the claimant must be able to prove that the defendant owed the claimant a particular duty, that the duty was breached, that the claimant suffered some type of damage, and that there was a link of causation between the breach of duty and the damage suffered by the claimant.
Atlanta wrongful death lawsuits can be very difficult, not only emotionally but also procedurally. Often times a family must relive the accident as they seek to prove the elements of negligence (duty, breach of duty, causation, and damages), in addition to dealing with the inherent difficulties of placing a "value" on the loss of their loved one.
When the cause of an Atlanta motorcycle accident is disputed, one or both parties may seek to introduce the testimony of an accident reconstructionist. Such testimony is not automatically heard by the trier of fact at trial, however, since the burden of proving the admissibility of the witness' testimony is on the party seeking to introduce it. Unless the proposed expert is properly qualified to testify as to the issues at hand, the trial court judge will not allow the testimony.
One of the reasons that it is so important to talk to an attorney as soon as possible after a motor vehicle collision or another accident resulting in injuries or death is that there may be several potential theories of recovery, some of which may not be obvious to the injured party or his or her family.