After a boy who was riding his bicycle was struck and killed by a vehicle, the boy's mother was able to reach a settlement for her loss, with the help of Atlanta Personal Injury Attorney Tony Kalka. On the mother's behalf, Attorney Kalka represented the family. Despite the fact that the police did not arrest the driver, Mr. Kalka clearly explained why the driver was at fault. The lawyer stated that there was evidence that suggested that the driver was not keeping a diligent watch for others on the road, despite the fact that there was arguably clear visibility.
The accident that took the boy's life occurred on July 12, 2012. If the victim was still alive today, he would have just turned 14 years old in February 2014. Here are some of the main points provided by Attorney Kalka:
- The driver should have seen the young bicyclist, considering that the vehicle was traveling straight in a place where there were no vision restrictions.
- Expert analysis of the distance traveled by the vehicle after the point of collision suggests that the vehicle was going at a speed of 45 miles per hour. Because the driver was in a residential neighborhood where the maximum allowed speed is 30 miles per hour, this would have been a violation of the law.
- There were no skid marks at the accident scene, which likely would have been present had the driver spotted the bicyclist.
- Even if the defendant were to argue that the bicyclist was acting negligently, a jury could still consider comparative negligence (when the jury assigns a percentage of fault to each party and still requires some level of damages to be paid by the defendant).
Attorney Kalka asked that the insurance company pay up to the bodily injury insurance policy limits, which would allow the insurer to obtain a limited liability release.
At The Kalka Law Group, our Atlanta personal injury lawyers provide skillful legal representation in various types of personal injury and wrongful death cases. Contact our firm to find out how we can be of assistance in your case!