Can You Sue a Driver for Failing to Warn You About a Hazard?

Georgia law has long held that when the driver of a motor vehicle “creates a dangerous situation in or along a public highway,” even if they did so without intent or negligence, they have a duty to take reasonable steps to “eliminate the danger or give warning to others of its presence.” Failure to take such action is, in and of itself, negligent. Put differently, if you create a hazard on a public road that you know could injure someone else, and you fail to warn other drivers, you can be held civilly liable if another driver gets into an accident.

Dump Truck Driver, Company Face Personal Injury Claim Over Hit Cow

The Georgia Court of Appeals recently addressed such a case. In Wilson v. Allied Paving Contractors, Inc., the plaintiff sustained severe and permanent injuries after her vehicle struck a cow that was lying in the middle of the road. The question before the Court was whether the truck driver who hit the cow–and his employer–could be held liable for the plaintiff’s injuries.

The accident occurred around 6:30 a.m. one morning on Georgia State Highway 441. Two dump truck drivers were traveling to pick up gravel. They were headed to a local Dairy Queen for breakfast when one of the drivers hit a cow that was in the middle of the road. The driver was initially unsure what had happened. It was still dark and the cow was black. The driver later recalled that maybe only “a second” elapsed between when he first saw the animal and then hitting it. The other driver said he thought his partner had tried to swerve in an attempt to avoid the cow but had been unsuccessful.

The two drivers decided to proceed to the Dairy Queen, which was about 8 or 9 miles away, at which time they contacted their dispatcher to report what had happened. Unfortunately, within about 30 seconds of the initial collision between the truck driver and the cow, the plaintiff came upon the scene while driving her own car. She struck the disabled animal, causing her car to flip over several times before coming to a stop. Another driver, who worked for the same company as the two dump truck drivers, came upon the scene and stopped to render aid.

The plaintiff subsequently sued the driver who hit the cow and his employer. The trial court granted summary judgment to the defendants, finding no reasonable jury could conclude the driver had time to warn the plaintiff before she came upon the hazard created by the struck cow. The Court of Appeals disagreed, however, and returned the case for trial. The appellate court noted there was evidence to suggest possible steps the defendants could have taken.

Contact Hawkins Spizman Trial Lawyers Today

Car accidents can happen for a number of reasons, many of them rooted in another driver’s reckless or negligent act. If you have been injured by such actions, our Atlanta personal injury lawyers can assist you in seeking compensation. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=285b2539-4745-4e03-a95d-375594eca381