For the second time in less than two months a wrong way driver was involved in fatal accident on I-85 . Both accidents occurred between Shallowford Road and Chamblee Tucker Road. If you are familiar with the area you know that some of the ramps in the area can be confusing, especially when alcohol is involved. Apparently, the wrong-way driver was also DUI and as he travelled north in the southbound lane he struck another car killing the driver.
Not only will the wrong-way driver face criminal charges he will also probably face a personal injury lawsuit for wrongful death. Most car owners look to their insurance policy to cover them in the event of a car accident, but most owners don't have enough liability insurance to cover a fatal accident. When you cause the death of another person, you are liable for the "full value" of their life which includes future earnings and the enjoyment of life plus pain and suffering.
How is the value determined? The courts will look at the age and life expectancy of the person in addition to their earning capability. For example, a college student working on his masters will have a higher earning capability than someone with only a high school degree who works as a landscaper.
There are many issues involved in wrongful death actions. If you have any burning questions related to wrongful death that you would like answered, post a comment on our website.
