I recently received a correspondence from someone who was injured in a one car accident with her husband driving. The weather was bad and the driver lost control was not able to stop when the road came to a T and hit a wall.
Prior to determining if we can provide help we must understand what constitutes negligence in Georgia. In any auto accident, in order to have a claim for negligence you must have four elements, duty, breach, causation and damages. In order to prove negligence you must prove all four elements.
- Duty- is an obligation that one has by law.
- Breach – is the breaking of a duty or obligation under the law.
- Causation -that which actually produces it.
- Damages – a measure of loss suffered.
In every Georgia negligence matter you must prove all four of the above items.
In an auto collision, the duty is to obey traffic laws. Often the breach of the duty is the violation of law. Causation is the injuries and/or property damage which is suffered as a result of the breach. And last but certainly not least the damages are the the medical bills, the lost wages, the mental and physical pain and suffering, etc. as a result of the breach of duty causing the auto collision.
Back to the question… If you are at fault for your own collision you can not bring an action for damages against yourself. While there may be some instances where you can bring a claim against a spouse, this was clearly not one of them, this was not something this person wanted to do.
While their may be other claims possible, a simple negligence claim would not be the best way to proceed under the facts given. If someone other than her husband was driving the passenger could pursue the driver. Under the facts in this matter, she could not pursue her insurance since her husband was deemed at fault.
If you are involved in any type of car crash, it is a good idea to know your legal rights, all initial consulations are free, call an Atlanta Car Accident Lawyer at 770-948-5454!