Proving Fault in a Georgia Wrongful Death Case: What Families Need to Know
Losing a loved one in a preventable accident is one of the most devastating events a family can undergo. When that loss is caused by someone else’s negligence, surviving family members have the right to pursue justice through a wrongful death lawsuit.
The Columbus wrongful death lawyers at Butler Prather LLP have been standing beside Georgia families for over 35 years, helping them uncover the truth and hold the responsible parties accountable.
Proving fault in a Georgia wrongful death case requires a careful investigation and strong legal representation. It can also provide the opportunity for the victim’s loved ones to seek accountability and financial relief.
What Is a Wrongful Death Lawsuit in Georgia?
According to the Georgia Wrongful Death Act (O.C.G.A. § 51-4), a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal actions of another party. The law allows certain surviving family members to file a claim for the full value of the life of the deceased.
Understanding Negligence and the Burden of Proof
In most wrongful death lawsuits in Georgia, the legal foundation is negligence. To establish fault, the plaintiff (the family bringing the lawsuit) must prove:
- The defendant owed a duty of care to the deceased,
- The defendant breached that duty,
- The breach caused the death,
- The family suffered damages as a result
Evidence Used to Prove Fault in Vehicle Collisions
To meet the burden of proof, your attorney will gather and present various forms of evidence.
Accident Reports
Police and crash reconstruction reports provide an objective account of the collision. They may include diagrams, statements from witnesses, and citations issued at the scene. These reports help establish the sequence of events and provide an initial finding of fault.
Black Box Data
Many modern vehicles like commercial trucks are equipped with electronic data recorders, often referred to as a black box. These devices capture valuable pre-crash data such as speed, braking, steering input, and more. In truck accidents and defective vehicle claims, black box data can offer solid proof of negligence or equipment failure.
Expert Testimony
Accident reconstructionists, medical experts, and vehicle engineers can analyze the circumstances and testify about how the crash occurred and what caused the fatal injuries. For example, in motorcycle accidents or complex multi-vehicle pileups, expert insights are often the key to unraveling fault.
Video Footage
Surveillance cameras, traffic cams, and dash cams may capture the incident as it unfolds. Even a few seconds of video can reveal speeding, distracted driving, failure to yield, or mechanical malfunction.
Vehicle Inspections
In cases involving defective vehicles, such as faulty airbags, tire blowouts, or brake failures, a post-crash inspection by qualified engineers can uncover manufacturing flaws or maintenance failures that contributed to the fatal crash.
At Butler Prather LLP, we have the resources to investigate every detail. Our legal team works with top experts, collects necessary records, and conducts thorough discovery to expose the truth, whether we’re dealing with a distracted driver or a multinational vehicle manufacturer.
Proving Fault in Different Types of Accidents
Car Accidents
Most fatal car accidents result from driver negligence, such as speeding, DUI, distracted driving, or reckless behavior. In these cases, proving fault centers on showing how the at-fault driver failed to operate their vehicle with reasonable care.
Truck Accidents
Commercial truck accidents may involve several layers of liability. The driver, trucking company, maintenance contractor, and even the vehicle manufacturer could share responsibility. In Georgia, trucking companies must comply with strict federal and state safety regulations. Trucking violations like driver fatigue, overloaded trailers, or failure to inspect brakes can provide strong evidence of negligence.
Motorcycle Accidents
Fatal accidents are often caused by drivers who fail to watch out for motorcycles. Drivers who forget to check blind spots, misjudge distance, or make a sudden left turn in front of a rider can cause deadly collisions. Proving fault means reconstructing the crash dynamics.
Defective Vehicles
If a fatal crash was caused by a vehicle defect such as faulty steering, brake failure, or a roof collapse, then the manufacturer may be liable. These cases require prompt evidence preservation and expert mechanical analysis to prove the defect and its role in the fatality.
Damages Available in Georgia Wrongful Death Cases
When fault is established, Georgia law allows surviving family members to recover:
- Economic damages, including lost wages and benefits the deceased would have earned
- Non-economic damages, including the intangible value of life, such as relationships, emotional support, and companionship
- Punitive damages may be awarded if the defendant’s conduct was especially reckless or intentional.
Time Is Limited
Under Georgia law (O.C.G.A. § 9-3-33), families generally have two years from the date of death to file a wrongful death claim. However, that period may be paused in some cases, such as when a criminal case is also pending.
It’s important to remember that time is not on your side. The longer you wait, the harder it becomes to gather evidence, locate witnesses, and preserve data like vehicle damage and black box records.
Reasons to Choose Butler Prather
Wrongful death cases are about more than compensation. They’re about answers, accountability, and honoring your loved one’s life by holding the responsible party liable.
At Butler Prather LLP, we’ve secured some of the largest verdicts in Georgia history by going toe-to-toe with trucking companies, manufacturers, and insurers who thought no one would challenge them. We know how to prove fault, because we’ve done it time and time again, securing substantial settlements and verdicts for our clients.
You only get one chance to bring a wrongful death claim. Make sure your legal team has the skill and tenacity to make it count.
Speak With a Columbus Wrongful Death Attorney Today
If you’ve lost a loved one in a car accident, motorcycle crash, truck accident, or due to a defective vehicle, let us help you take the next step.
Call Butler Prather LLP at (706) 322-1990 to schedule your free consultation.