Is a Georgia Motorist Liable if an Animal Suddenly Darts into the Road?

By November 4, 2017 November 23rd, 2018 Medical and Legal Issues

Car accidents are often the result of a driver failing to keep a proper lookout for hazards in the road. As a driver, you should never assume the road in front of you is clear. If you do get into an accident caused by another who did not keep his or her eyes on the road, you may have a personal injury claim for damages. Kelly v. Fann Georgia courts never assume that a driver failed to keep a lookout. The legal burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant ignored a legal duty. This means, for instance, the plaintiff must show that the defendant ignored the rules of the road or failed to exercise appropriate caution when confronting a known hazard. A judge may dismiss a car accident lawsuit on summary judgment if the plaintiff cannot produce sufficient evidence from which a jury can find negligence. Continue reading
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