As an Atlanta accident lawyer I was very excited last July when the Georgia General assembly and Governor Purdue passed legislation finally making it illegal for drivers and passengers of pick-up trucks to not use seat belts while in the front seats of the trucks. Up until that time, although it has been illegal for automobile drivers and passengers to not use their seat belts, folks in pick-up trucks were not required to do so. The exception made no sense at all, and I am sure many pick-up truck drivers and passengers were severely injured or killed by not wearing their seat belts. I thought with the passage of the new law, peoples lives would be saved. Unfortunately, the law itself cannot save lives.
In that regard, I was saddened to read in a wsbtv.com on line article about a 55 year old man that was killed when he was ejected from his pickup truck when a teenager ran a stop sign in Fayette County. The driver was not wearing his seat belt. Of course I don't know whether the seat belt would have saved the man's life, but his vehicle flipped during the collision and the man was ejected from the truck. My understanding after practicing as a serious injury lawyer in Atlanta and north Georgia for 20 years is that when a driver or passenger is ejected from their vehicle during a collision, there is a very good chance the person will be killed. That is unfortunately what exactly happened here.
It can't be overlooked that the young driver caused the collision by running a stop sign. Under Georgia law, even though no criminal charges have yet been filed against the driver, he should be civilly responsible for the accident and the loss of the man's life, whether he is ultimately charged or not. It is tragic that the man was not wearing his seatbelt, but this fact cannot be used against his family in a civil suit to recover for his wrongful death. What they need now is prayers. At some point, however, they will need to consult with an experienced wrongful death lawyer who can guide and assist them in pursuing the claim for the wrongful death of their loved one.
