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Authorities in Georgia said the driver of a stolen vehicle was killed Tuesday morning when the car crashed during a chase. Georgia State Patrol spokeswoman Lt. Stephanie Stallings said the crash happened after 2 a.m. Tuesday on Ga. 400, news outlets reported. Stallings said Sandy Springs police were pursuing the stolen vehicle when the driver made an “erratic lane change” while exiting the highway at Northridge Road. The car left the roadway and hit several trees, killing the driver, Stallings said. One passenger was injured and taken to Atlanta hospital, Stallings said. The two other passengers were taken into custody. The driver and passengers’ names were not immediately released. Police have not identified the person who died in the wreck and one of the suspects is a juvenile.

Responsibility.

Should I hire an accident lawyer if my stolen car was involved in a crash that resulted in death and injury? Under normal conditions when a car accident occurs 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. In the case of an owner’s stolen vehicle, they will probably not be held liable for damages when the vehicle is stolen and involved in an accident that causes injury, or property damage because the driver did not have permission to use the vehicle, and because stealing a car is a criminal act where another person cannot be considered responsible for the criminal act unless they played a direct part.

Permissive use.

Under the “permissive use doctrine,” an owner is liable for personal injury, or property damage resulting from negligence in the operation of a vehicle by any person using the vehicle with the permission of the owner. Liability is dependent on the express, or implied permission of the owner. Since the owner of a stolen vehicle has clearly not given permission for their vehicle to be used, they are generally not responsible for the actions of the thief, but that does not mean that an injured party will not try to sue.

Statute of limitations and compensation.

Georgia law requires a two-year statute of limitations, meaning that legal action must be initiated within that timeframe against the party causing injury, or negligent harm. 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.

Hire a lawyer.

Legal action can be brought against 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.   An experienced attorney at the Imbriale Injury Law Office can answer your questions regarding litigation surrounding a stolen car with injuries and damages to passengers.

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

Sources:

http://ga.elaws.us/law/section44-5-161

http://ga.elaws.us/law/9