Atlanta Auto Accident Attorney
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Atlanta  Auto Accident Cases


Atlanta car accident cases may be litigated under one of several different theories of law. Depending on the unique circumstances of your car accident, you may file suit under a theory of negligence, product liability, or wrongful death — or a combination of the three.

Negligence

The majority of Atlanta car accidents are caused by the negligence or carelessness of other drivers. Therefore, most Atlanta car accident lawsuits are brought under the legal theory of negligence. A driver is negligent if he or she fails to use reasonable care to avoid a foreseeable harm to another driver, passenger, or pedestrian on the road. If a person’s negligence causes injury to another person to whom that person has a duty of care, he or she may be liable for damages resulting from the injury. Generally, a driver has a duty to other motorists to use due care when operating a vehicle on Atlanta's roads.

Products Liability

Some automobile accidents may be caused by poorly-designed vehicles or defective or malfunctioning component parts of an automobile. Victims injured in accidents caused by defective products are often entitled to bring suit against product manufacturers. Products liability is the area of law that deals with the responsibility of the manufacturer, wholesaler, or retailer of a product for any injuries that result from the use of that product. Manufacturers are held “strictly liable” for the safety of their products. That means that an injured plaintiff does not have to demonstrate that the manufacturer of the product or its component parts was negligent or careless, but only that:

  1. A defect in the product caused the accident.
  2. The product was being used in a manner consistent with the way it was meant to be used.
  3. The product was not substantially altered between the time it left the manufacturer’s control and the time it reached the user.

In order to prove strict liability in a products liability case, it is necessary to demonstrate to the judge or jury that the product was “unreasonably dangerous for its intended use” as a result of a manufacturing defect, design flaw, or failure to provide adequate warning labels on the product's packaging. Atlanta car accident lawyer Leigh R. Bodner can ensure that the evidence is properly preserved and promptly examined by scientific experts. Call 404-262-3343 for a free initial consultation.

Wrongful Death

A wrongful death claim seeks recovery for emotional and financial losses suffered by loved ones whose family members have been killed in Atlanta auto accidents. Wrongful death cases arise arise when a person dies as a result of the negligent or reckless conduct of another. Wrongful death cases differ from other types of personal injury cases in that the actual victim is not filing the lawsuit. Instead, the suit is brought by the decedent’s estate to recover damages for the emotional and financial losses that the survivors have suffered as a result of their loved one's death.

In general, in order to prove a wrongful death claim in Georgia, the plaintiff must demonstrate the following four elements:

  1. The death was caused, either wholly or partially, by the defendant's wrongful conduct.
  2. The defendant was either negligent in causing or is strictly liable for the victim’s death.
  3. The victim has a surviving spouse, children, or other dependents, who have legal standing to sue.
  4. Measurable damages have resulted from the victim’s death.

Damages in wrongful death cases are awarded to compensate for losses resulting from the death of a family member. Types of recoverable damages in wrongful death suits include:

  • Direct expenses, including medical bills and funeral costs.
  • Loss of benefits the victim could have received from a pension or retirement plan if he or she had lived.
  • Loss of future income the person would have earned in salary if he or she had lived.
  • Loss of companionship the person who died would have emotionally provided to a family relationship.
  • The mental pain and suffering experienced by loved ones as a result of the person’s death.
  • Punitive damages to punish the defendant for the wrongful act that resulted in the victim’s death.

If your loved one was killed in an auto accident that resulted from someone else's negligence, call an Atlanta auto accident lawyer today at 404-262-3343 to discuss your legal options.

For more information on Atlanta auto accidents, visit our resource center.


If you or someone you know has been injured in an accident, contact an experienced Atlanta car accident lawyer at (404) 262-3343 for a free consultation regarding your case. Mr. Bodner handles all types of auto accident cases in Alpharetta, Atlanta, Austelle, Chamblee, College Park, Conyers, Decatur, Doraville, Duluth, Dunwoody, East Point, Hapeville, Marietta, Milton, Norcross, Riverdale, Rockdale, Roswell, Sandy Springs, Stockbridge, and throughout Gwinett County, Dekalb County, Cobb County, Clayton County, and Fulton County. Our Atlanta car accident lawyers will not charge a fee unless you receive a favorable verdict or settlement in your case.