Atlanta Driver Liable Under More than the Move Over Law
On Monday morning, a driver on I-85 South of Atlanta struck and killed HERO operator Spencer Pass. H.E.R.O stands for Highway Emergency Response Operator. Pass was parked behind a disabled vehicle in the emergency lane when a truck pulling a trailer sideswiped them.
The tragedy brings to mind an important Georgia traffic law that we see violated on a daily basis. Georgia has a “Move Over Law”. Under OCGA 40-6-16, a driver approaching an emergency vehicle should move over into a lane not adjacent to the emergency vehicle. If it isn’t possible to move over safely, the driver should slow down or stop. Violation of this law is punishable by a fine up to $500.00.
A wrongful death action is an action brought when the death is caused by the willful or negligent act of another. The driver of the truck that killed Spencer Pass is now potentially liable for more than the fine. Mr. Pass’s family has lost a father and a husband. Not only did they lose a loved one, they lost his help and financial support. While no amount of money or damages can bring him back, the law does entitle the family to the “full value of the life” of the deceased.
The tragedy brings to mind an important Georgia traffic law that we see violated on a daily basis. Georgia has a “Move Over Law”. Under OCGA 40-6-16, a driver approaching an emergency vehicle should move over into a lane not adjacent to the emergency vehicle. If it isn’t possible to move over safely, the driver should slow down or stop. Violation of this law is punishable by a fine up to $500.00.
A wrongful death action is an action brought when the death is caused by the willful or negligent act of another. The driver of the truck that killed Spencer Pass is now liable for more than the fine. Mr. Pass’s family has lost a father and a husband. Not only did they lose a loved one, they lost his help and financial support. While no amount of money or damages can bring him back, the law does entitle the family to the “full value of the life” of the deceased.
At Fleming Law PC, we are sensitive to the difficulties that arise with the loss of a loved one, both emotional and financial. We have helped many families cope with tragedies such as the loss of a loved one.
If you would like to discuss your case in complete confidence with us, please call Robert J. Fleming at (404) 923-7497 or contact us online. We are here to help.
Sources:
http://www.docstoc.com/docs/17705919/UPDATE-ON-THE-MOVE-OVER-LAW---Georgia-Governors-Office-of-Highway
http://www.ajc.com/news/atlanta/dot-hero-operator-struck-822194.html
