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
- Georgia Court Considers Theories of Liability For Truck Accident When Multiple Corporate Defendants Involved
When dealing with potential liability for a car accident, not only can a driver of a vehicle be held responsible, but also the owners of the vehicle that was involved in the accident may be liable. Claims of negligent supervision, negligent training, or basic liability as an employer can all arise. A recent case before […]
- Georgia Court Refuses to Allow Tort Action for Employee Truck Accident
When individuals are involved in a car or truck accident, they can typically bring a tort action against another driver or a different defendant in order to recover compensation for their injuries. However, when a plaintiff was involved in the accident while on the job, additional workers’ compensation issues may arise. Under Georgia’s workers’ compensation […]
- Georgia Court Evaluates An Accident Case in Which a Plaintiff Had Equal or Superior Knowledge
When a plaintiff sues a defendant about a hazardous condition, he or she must allege that the defendant had knowledge of the condition and failed to address it or failed to warn others. Likewise, the plaintiff must also show that he or she did not have full knowledge of the danger before encountering it. While […]