Common Causes of Car Accidents
Car accidents are unfortunately common in Georgia - with more than 12,000 accidents occurring on our roads per year - and Atlanta is no exception. If you have been in a car accident in Atlanta, an Atlanta car accident lawyer may be able help answer any questions about the law and how it applies to your specific case.Accidents Caused by Human Error
Most car accidents are the result of human error. When the “human error” that caused the car accident is a careless or reckless mistake by the driver, then it is possible for the injured victim to recoup his or her losses through a negligence action in Georgia. If you are not sure if human error was a factor in your case, a car accident attorney in Atlanta can help.
The most common human errors that can cause a car accident are:
- Impaired drivers: While this obviously includes illegal drugs and alcohol, impaired driving can also include a driver who has taken a prescription drug that impairs his or her ability to drive. Sleep deprivation can also impair a driver.
- Distracted drivers: In 2018, there are an almost unlimited amount of distractions for drivers. The most common would be talking or texting on a cell phone, but a driver who is eating and drinking, changing the radio, or inputting a location on a navigation device could
- Speeding: Speeding is one of the most common causes of fatal crashes Atlanta, whether the driver is going 5 miles per an hour over the speed limit or 50 miles per hour over the speed limit.
- Not following traffic lights or signs: A driver who does not stop on red is likely behaving in a negligent manner. When that driver causes a car accident in Georgia, then the injured party can seek compensation for his or her damages in the Atlanta courts.
If a car accident in Atlanta, or anywhere else in Georgia, is caused by a manufacturing defect, then the injured victim will likely seek to recover damages through a products liability action. Unlike a negligence action, a products liability claim is a “strict liability” offense, which means that the intent or potentially negligent actions of the automobile manufacturer are irrelevant. If you believe your car accident was caused by a product defect, reach out to a car accident attorney serving Atlanta right away for assistance.
The automobile manufacturer will be held liable for a manufacturing defect if, at the time of sale, one of the following defects existed:
- Design defect: A design defect occurs when the automobile or one of its components is designed in an unnecessarily risky manner. Obviously, no product is completely safe, so the jury will make a “risk-benefit” analysis to determine whether the product was unnecessarily risky. The best evidence in these types of products liability claims would involve evidence that other automobile manufacturers all choose a different design, or by showing that an alternative, safer, design produces serves the same purpose, for the same cost.
- Manufacturing defect: A manufacturing defect occurs when a product’s design is acceptable, but the manufacturer somehow makes a mistake and does not produce the automobile or component the way it was designed. If the manufacturing defect caused the car accident, then you may have a claim under Georgia’s product liability laws.
- Failure to Warn: If the design of a product is not unnecessarily risky and there are no manufacturing defects, then the automobile manufacturer may still be liable if it fails to warn the driver about the remaining risks.
If you have been the victim of a car accident, then you have legal options available in Atlanta, Georgia. To learn more about them, please contact the Angell Law Firm for a free consultation.