Drunk Failing To Yield, Kills Biker
Atlanta, GA (Law Firm Newswire) May 16, 2013 - Bikers are extremely vulnerable to unbelievably painful injuries or death if they are involved in an accident.
“No matter what amount of safety gear a biker dons, they are still moving leather targets, simply because they do not have the same kind of protection that a car has ---- they are not surrounded by a steel frame, do not have air bags and are not wearing seat belts. A collision often means ejection from the bike. Ejection often leads to death due to brain trauma,” indicated Stephen Ozcomert, an Atlanta injury lawyer, who practices personal injury, accidents and malpractice law in Georgia.
Consider this case of a 52-year-old biker out for a ride, minding his own business. He was heading west on the highway, and close to an intersection where a road met the highway. The road was posted with a clear yield right of way sign. “While the sign may be clear to a sober driver, it was not clear to the drunk 39-year-old driver who blew the yield sign,” said Ozcomert. The biker had no place to go but into the side of the moving truck. Although he made it to hospital alive, he died later.
The driver who ran the yield sign was arrested and charged with DUI manslaughter. A quick check of his driving history told the police what they suspected, that the man had a bad driving record; four prior DUI arrests. “But for the man driving drunk, the biker would still be alive today,” Ozcomert remarked.
The biker’s family may wish to file a wrongful death lawsuit in the hopes of making the point that drinking and driving needs to stop. It is a message that many families in the same situation wish to make and even though they may succeed, people still drink and drive, thinking nothing will happen to them.
“This should not stop a family from filing a wrongful death lawsuit. They serve other purposes rather than just delivering a message. They are also a vehicle for obtaining compensation for the loss of the deceased’s life; a form of compensation to allow the family to move forward with their lives and be able to pay the bills arising as a result of the sudden death, due to another’s negligence,” indicated Ozcomert.
Stephen M. Ozcomert, PC
215 North McDonough Street
Decatur, GA 30030
Call: (404) 370-1000
View Larger Map
- No Premises Liability for Grocery Store Spills in Georgia Without Constructive Notice
In states around the country, including Georgia, property owners owe individuals who come onto their property a basic duty to protect them from harm. This means that property owners cannot knowingly maintain harmful or dangerous conditions on their property, such as broken railings or deep holes, that put the public at risk. But what about […]
- Georgia Court Explains Proper Service Under Georgia Nonresident Motorist Act
If you are a motorist driving in Georgia, the chances are that you are sharing the road with many drivers who are not Georgia residents. Drivers may be passing through from other states on a road trip across the Southeast, or they may be visiting for a few days on a vacation. When this happens, […]
- Georgia Court Determines Car Ownership in Disputed Auto Accident Case
In most instances, determining the ownership of a vehicle in an accident is a relatively straightforward inquiry. One can look at title and registration materials and determine who is on the official paperwork for the vehicle. But what happens when an automobile is being transferred from one person’s ownership to another person’s ownership when an accident […]