Fatal Accident Reported in Cobb County

According to reports out of Cobb County, a fatal accident occurred when a driver lost control of her SUV and hit a concrete wall on I-75 this past Sunday morning.

The accident is currently under investigation.

As a Georgia DUI Lawyer, I will outline the law behind too fast for conditions - a common traffic violation that may have been the cause of the fatal wreck.

Too Fast for Conditions in Georgia

O.C.G.A. §40-6-180 defines too fast for conditions in Georgia as:

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

Most of the time, a violation for too fast for conditions means driving at a speed that impairs a driver's ability to control the car in specific conditions.

As you can see, the violation is held up to a subjective standard, and thus, it depends on the specific facts of the case. Some dangerous conditions may involve heavy traffic, bad weather, a slippery road, or issues with visibility.

Practice Note

As I mentioned above, the investigation of the fatal accident is still underway. Accidents can occur from traffic violations such as speeding in Georgia or failure to maintain lane in Georgia or they can occur through no fault of the driver at all.

If you or a loved one has been arrested or cited, contact our offices today.