There are thousands of cars on the roads each day in Marietta, so crashes are sure to occur. Just this month on July 8th, a Lassiter High School graduate was killed in a car accident in Cobb County. Ryan Aschenbach lost control of his vehicle and collided with another car late Saturday night at the intersection of Trickum Road and Netherstone Drive in Marietta. Aschenbach was 18 years old and was planning to attend Kennesaw State University in the fall. The passengers of his vehicle and driver of the oncoming car were taken to Wellstar Kennestone Hospital.
This crash was the latest in a string of accidents along the blind curve on Trickum Road in the last six months. Many residents are calling for Cobb County to take actions to make the route safer. Our sympathies are with the family and friends of Aschenbach.
Determining Causes of Car Accidents
This accident was very close to home and only supports the fact that contacting an experienced Marietta personal injury attorney soon after a crash is important.
In order to recover damages for any personal injury lawsuit, plaintiffs must be able to prove that the accident was caused by the negligence of another person. Being injured is not enough. Victims must also show who was at fault and why. The elements of negligence considered by personal injury lawyers are duty, breach, causation, and damages. All elements must be present or accident fault is not likely to be proven. Insurance companies must also determine who is at fault for any car accident.
The main things that insurance companies consider when determining fault are:
- “Driver Duty” for each driver: every driver assumes certain duties whether you have a license or not. These duties usually include “look out, avoidance, and obey the rules of the road.”
- Determine if drivers are in breach of their duties. That means that drivers should be interviewed to determine if they were following the rules of the road, paying attention, and whether they attempted to avoid the accident.
- Did the drivers attempt to avoid the collision? Avoidance must be proven carefully when considering accident fault.
- Check the rules of the road again. When assessing accident fault, everyone must obey the rules of the road and traffic laws.
- Determine what duties were breached by each vehicle operator. Each accident is viewed as though each driver were acting alone. For instance, not stopping at a stop sign would be a serious breach because stop signs give the right of way to other traffic.
- Establish a causal relationship between breached duties and the ultimate damage after determining what was done wrong. Did one driver’s breach of duties cause the other driver’s breach?
- Establish the amount of damages. These damages can include property damage and bodily injuries. Every damage must be related to the breach of duty and plaintiffs must show that the car accident in question caused the injuries.
Local Marietta Personal Injury Lawyers
If you or someone you know are involved in a Georgia auto accident of any kind, contact the personal injury attorneys at Jones & Swanson immediately. The details of the accident are extremely important for any personal injury case, so calling us when your mind is fresh on the incident is important. Negligence must be proven in order to win compensation for your injuries and our experienced Kennesaw injury attorneys can determine that negligence for you. By approaching an accident scene with an eye toward fact-gathering, our attorneys can piece together the available evidence in order to win your claim. Contact the Cobb County injury lawyers at Jones & Swanson today for a free consultation and affordable representation.