A twenty-five-year-old man of Jackson, Mississippi was driving his 2013 Hyundai Elantra Northbound on Interstate 75 and attempted to pass a 2016 Lexus ES350 being driven by thirty-year-old Wesley Jackson of Kennesaw, Georgia.  During the lane change the two vehicles collided causing the driver Nicholas Braggs to lose control of the Hyundai which struck the median wall before reentering the roadway and striking a tractor-trailer driven by fifty-four-year-old Clifton Carter of Orange Park, Florida.  The Hyundai driver and his passenger were both transported to WellStar Kennestone Hospital with serious injuries.  A warrant was secured for the Hyundai driver charging him with DUI, open container, reckless driving and speeding, and the passenger in his vehicle was charged with possession of marijuana, open container and not wearing a seatbelt.

After a car accident near Roswell, Georgia, the assistance of legal professionals is valued in determining fault to support a case for negligence in court.  A formal review will include police reports, witness reports, property damages, roadway marks and other factors present at the time of a car accident.  Precise recordkeeping after personal injury accidents, including medical malpractice, wrongful deaths, products liability and car accidents is crucial to a successful insurance or legal settlement.  Criminal charges will have some impact on civil cases as breaches in law are considered negligent behavior while driving a motor vehicle.

Statute of limitations and compensation.

Georgia law requires a two-year statute of limitations, meaning that an injured party has two years from the date of the accident to file a legal claim against the party causing the injury. Insurance companies may try to offer a lower settlement than what is needed to cover a victim’s damages, and often they will make an offer early on to avoid consultation with an attorney.

Comparative fault.

Georgia is a Comparative Fault State that enables plaintiffs to seek damages, even if they played some part in the accident and are partially to blame.  Legal action can be brought against other parties involved in personal injury claims, if the elements of negligence are present including: a defendant owed the duty of care; had a breach in the duty of care; and the breach caused the injuries or loss to the plaintiff.


Victims can sue for include: 1) compensatory damages – causing economic loss including wages, medical bills, and property damage; and non-economic loss to victims for pain and suffering; and 2) punitive damages meant to punish the persons being sued, with a few exceptions that are capped at $250,000. In the case of a drunk driver, there is no limit placed on the amount of settlement damages available to the victim. This is because the purpose of punitive damages is not to compensate the victim, but to punish a reckless party.

If you are involved in an accident in Cobb County, where death, or injury has occurred, an experienced attorney at the Imbriale Injury Law Office can assist you with your questions and actions toward damage compensation.

Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431