As a part of the Atlanta metro area, Kennesaw has its share of traffic on the roads and traffic accidents. Truckers on the interstate highways are particularly dangerous, as the accidents they cause can become a source of serious property damage or even take someone’s life. Fatal traffic accidents have been increasing in recent years as traffic and congestion grows, so it is possible that someone you know may have been killed in a motor vehicle accident.
Kennesaw Man Killed by Box Truck on Interstate 75
A Kennesaw man was killed while walking along Interstate 75 South. The Cobb County Police are still trying to determine why he was walking near or in the interstate lanes. Early reports from the scene indicate that a white Ford box truck had initially struck the victim, Dante R. Scott, near Bells Ferry Road. The incident occurred around 11:25 pm, and the darkness at that time of night may be a reason why he was struck by a second vehicle shortly afterward. A Hyundai Sonata sedan also hit Scott when he ended up in the southbound lanes after the initial truck impact. An ambulance transported him to Wellstar Kennestone Hospital where he was declared dead. Emergency crews on the scene did not provide any treatment to the two drivers of the vehicles who struck Scott, as they appeared to be free of injuries and refused treatment. The Cobb County Police do not expect to file any criminal charges against either of the drivers based on this incident.
What can legally be done to the truck driver?
Just because the police did not suspect any criminal activity or reckless driving was the cause of death in this incident, that does not mean that the truck driver and their employer are entirely free of all liability. This man’s family may still choose to bring a lawsuit against them for a monetary award. A lawyer licensed to practice in the state of Georgia can file their claim.
The Georgia state legislature has passed a law called the wrongful death statute. This means a lawsuit can be brought against the party at fault to compensate the family for the value of the deceased person’s life. Essentially, this law allows a jury after a trial to use their judgment to put a value on the total worth of a person to their family and friends. This can include tangible and economic factors such as their ability to earn money and recent salary history. It also includes some more difficult determinations to be made regarding their value to their family and friends, which is not as easy to quantify. The defendant in a wrongful death lawsuit in Georgia may be liable for both amounts.
There is also the possibility of another claim from the estate that can be used to cover a few specific things related to a person’s death. However, this estate claim is mostly limited to expenses incurred immediately before and after the person dies such as medical expenses related to the incident and funeral costs. A wrongful death claim obviously has the potential to bring in much larger sums of money, as it factors in a person’s ability to earn money until their retirement or death. There are also specific rules regarding who can bring these kinds of claims after the death of a family member. Usually only spouses or surviving children can bring wrongful death lawsuits.
Get Help from an Experienced Lawyer Now
If you are in Kennesaw or surrounding areas in Georgia, feel free to contact Imbriale Injury Law. Imbriale has experience in all aspects of lawsuits related to truck accidents and an attorney can explain how a wrongful death claim or other laws apply to your particular situation.