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  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
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What is a breach of the duty of care in a Georgia car accident case?

Breach of Duty of Care - Georgia Car Accident Cases

The breach of the duty of care is an important element in a Georgia car accident case because it establishes the driver’s negligence and liability for the accident. In order to prove negligence in a car accident case, the plaintiff must establish that the defendant had a legal duty of care to the plaintiff, that the defendant breached that duty, and that the breach was the direct cause of the plaintiff’s injuries and damages.

The breach of the duty of care is the second element that must be established in order to prove negligence. The plaintiff must prove that the defendant failed to exercise reasonable care while operating their vehicle and that their actions or inactions caused the accident.

It’s important to note that in order for the plaintiff to be successful in a car accident case, they must be able to prove all the elements of negligence, including duty of care, breach of duty, and causation. A successful case will help the plaintiff to recover damages for the injuries and losses they have suffered as a result of the accident.

The breach of duty of care is also important because it helps to determine the degree of fault of the driver and it will impact the amount of damages the plaintiff can recover.

It’s always recommended to consult with a car accident lawyer to help you understand your rights and options, and to help you navigate the legal process.

Examples of Breach of the Duty of Care in Georgia Car Accident Cases

A breach of the duty of care in a Georgia car accident case occurs when a driver fails to exercise reasonable care while operating their vehicle, and their actions cause an accident. A breach of the duty of care can take many forms, and examples include:

  • Driving while under the influence of alcohol or drugs
  • Speeding or driving too fast for conditions
  • Disregarding traffic signals or signs
  • Tailgating or following too closely
  • Distracted driving, such as texting or talking on the phone
  • Failing to yield the right of way
  • Failing to use turn signals
  • Failing to keep a proper lookout
  • Failing to brake or take evasive action to avoid a collision

It’s important to note that in order to prove a breach of the duty of care, the plaintiff must demonstrate that the defendant’s actions were the direct cause of the accident and the resulting injuries and damages.

It’s always recommended to consult with a car accident lawyer to help you understand your rights and options, and to help you navigate the legal process.

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