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Atlanta Driver Liable Under More than the Move Over Law

On Monday morning, an Atlanta 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 side-swiped 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 O.C.G.A. § 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. While it’s the law, this is one of those safety laws that just isn’t enforced and, hence, leads to disastrous results.

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 O.C.G.A.  §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.

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.

Robert J. Fleming has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured in a car accident and would like discuss your case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

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