Causation may prove deceptive in motor vehicle accidents

The true cause of a vehicular accident may be hidden by the gloss of first impressions. That lesson in the causation of motor vehicle accidents may be instructive in the events surrounding a recent fatal accident occurring on Ga. Rte. 13. The Georgia State Patrol  reported that a 22-year-old female was making a right turn from a side road onto Ga. 13 when she failed to yield the right of way to a vehicle driven by a 30-year-old female who was driving south on Ga. 13.

The car going southbound hit the side of the right-turning car and knocked it off the road. The southbound car then rebounded into the oncoming northbound traffic where it collided with another vehicle. The operator of the car that originally failed to yield died at the scene.

The other operators were taken to a hospital, along with a 1-year-old passenger. The Georgia State Patrol indicated that the operator of the car that had the right of way and struck the decedent's vehicle would be charged with DUI and endangering the 1-year-old passenger. The fact that she was charged by the police for drunk driving normally raises the suspicion that she must have liability for the decedent and the other injured victims.

However, a person driving under the influence is not necessarily at fault in causing the collision itself. She may be criminally guilty of drunk driving but be free of liability for causing the accident. In this case, the Georgia State Patrol also cited the decedent for failing to yield. It was the failure to yield violation that caused the accident. When close questions of fault, liability and causation arise in respect to motor vehicle accidents, the resolution will be quickly and effectively resolved by consulting with an experienced personal injury attorney.

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