Auto accidents occur every fifteen thousand miles or so, but the length of time a claim can be filed varies from state to state. According to the Cueria Law Firm, a car is considered “reckless” if it is involved in a crash that was “carelessly caused by the driver.” In addition, a car is “at fault” if it was the passenger who was operating the auto at the time of the crash. For instance, it would be impossible for an individual to sue a grocery store for damages incurred when their car was rear-ended by a delivery truck. This is because that individual had no way to know that truck was coming, and he or she probably did not have the right to stand in the way of the delivery truck.
Georgia’s vehicular law does require that drivers take reasonable precautions, but it also recognizes that auto accidents sometimes cannot be avoided. For instance, it is completely impossible for a person to avoid a vehicular collision if that person has stopped on the side of the road to get some coffee or gas, because that person will need to have at least one hand on the steering wheel in order to keep both feet on the floor while steering. Similarly, if a person avoids a head-on collision by driving on the shoulder of the road, it is impossible for that driver to avoid being convicted of DUI even if they later swerve back into the road and hit a parked vehicle or a sign. It is always the responsibility of the driver of an automobile involved in a collision to determine whether or not he or she needs to use the shoulder to avoid colliding with a moving object.
Unfortunately, this does not mean that auto accidents in Georgia are automatically a foregone conclusion. As the Georgia Department of Transportation points out, a car accident may be the result of negligence on the part of a driver. For instance, if a driver is speeding down the highway because he or she believes that the speed limit is fifteen miles per hour, that driver may have been unaware that he was already over the maximum speed limit and that the speed at which he was driving is considered excessive. Regardless, of whether a driver can avoid an accident by making reasonable accommodations, sometimes reasonable accommodations just do not exist. If you or someone you know has been involved in a car accident in Georgia because you were too fatigued to handle the road properly, you should contact a personal injury attorney as soon as possible.