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IS A TRAFFIC VIOLATION AN "ACCIDENT" OR SOMETHING MORE?

Posted by Ben Sessions | May 29, 2016 | 0 Comments

When is a traffic violation that results in catastrophic injuries and, even, death an accident? When it is something more? Perhaps, reckless or intentional? These are difficult questions, and surprisingly enough, these questions can have significant impacts upon your ability to recover following a car accident, truck accident, or other incident in which insurance coverage is potentially at play.

This is an excerpt from a post on the National Coalition for Safer Roads:

Published by Arizona's Red Means Stop Traffic Safety Alliance and titled, Carelessness Is No Accident is dedicated to all innocent victims of red-light running related traffic crashes. The writers tell their own account of how a driver ran a red light and left their families broken forever. They share their personal story with the hopes of preventing similar tragedies from occurring, and to remind elected officials of their responsibility to safeguard our streets every day.

“Red-light running is a negligent and arrogant act that can take our most precious loved ones in less than a second. Our laws are flawed and people are not held accountable,” Melissa writes. “The motorist that caused the crash that took Mark's life got a $500.00 fine, community service and had their points adjudicated after completing a driver's improvement course for the fourth time.”

Through her advocacy and outreach Melissa has worked over the years to educate the public about the dangers of red-light running. By her determination, the Mark Wandall Traffic Safety Act, named in memory of her husband, was passed in 2010 enabling the use of red-light safety cameras at Florida intersections to help change driver behavior and combat red-light running. Since then, she has become the President of NCSR and a dynamic traffic safety advocate committed to changing highway safety.

“I am honored to be able to share my story in this book and hope it will provide relief to those who have experienced a loss. Most of all I hope it will help prevent another Mark Wandall story by reminding drivers how important it is to obey the law and stop on red,” said NCSR President, Melissa Wandall.”

When you step back and consider every unintended act that results in harm to others, you see that there is always some very conscious and pre-meditated decision that led to this horrible consequences. Obviously, the person did not intend for the ultimate act to occur, but their prior decisions led to the car accident that caused horrible injuries.

We have to be careful calling accidents something more. The consequences of making an accident something more can be catastrophic for our clients' ability to recover, particularly from insurers that may provide coverage for the incident.

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Macon, GA 31201
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About the Author

Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.

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