While the city has recovered from Atlanta Snowpocalypse 2014, a new winter storm is looming and drivers should be aware of their potential liability in dangerous, icy conditions.
In our previous blog, we looked at Vaughan v. Glymph, a Georgia case reviewing the issue of icy conditions and negligent driving. In that case, Glenn and Sherry Vaughan who sued Clarence Glymph because his vehicle fishtailed, causing another driver to cross into oncoming traffic and collide with them. The Vaughan’s argued that Glymph was negligent for failing to control his truck.
Negligence means that Glymph had (1) a legal duty to maintain control of his truck within his lane, (2) Glymph breached that duty by fishtailing, (3) Glymph’s breach caused the other driver to collide with the Vaughan’s, and (4) that collision damaged the Vaughan’s car.
Any time a driver gets behind the wheel, under the Uniform Rules of the Road, the driver has a duty to maintain control and stay on the road, even in icy, wet, foggy, or any other adverse conditions. So, although it may be an accident, if you hit another car because your car slid on a hill, it’s still your fault and you will be responsible for any damages.
Stay safe and think twice before driving if the roads are in poor condition. But if you or a loved one had to take to the road during Atlanta Snowpocalypse 2014 and were injured, you need to speak with a personal injury attorney as soon as possible.
Please call Schenk Smith LLC for a free consultation today. (678) 823-7678.