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Attorney Ned Ogueri

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An Augusta motorcycle crash and the questions a short report leaves open

WRDW/WAGT reported October 2 that a motorcyclist died after a crash on Riverwatch Parkway in Augusta near the canal. The coroner's office told the station the rider was traveling east and was alone on the motorcycle. The sheriff's office said another vehicle was involved and that its driver was uninjured. The station reported that deputies were continuing to investigate. The initial account did not describe a complete sequence of the crash.

Start with the path of each vehicle

Where a motorcycle and another vehicle end up can be different from where each was before the collision. A reconstruction may compare marks on the roadway with damage to the vehicles and the locations of debris. Investigators may also look at whether a turn or lane change was possible in the area, where lines of sight opened, and whether a grade or curve affected the view. These questions follow from the need to establish movement and timing. The public report does not establish that any particular maneuver caused the crash.

It can also matter who took a photograph and when. A picture taken after a road was partly cleared may depict where a vehicle was moved. An image from a responding deputy may record an earlier condition. Labeling these distinctions helps prevent a later reviewer from measuring from the wrong point. The same principle applies to witness accounts. A driver who saw a headlight in a mirror may offer a different vantage point from a person looking down the road from outside a vehicle.

Keep a record of what was collected

Families dealing with a sudden loss may receive calls and paperwork from several places. One person can keep a log of the investigating agency, report number, tow location and any requests for statements. Preserve photographs in their original form and note who took them. If a family needs help understanding what the early report says, the investigating agency can explain how records become available. A headline offers a starting point. The underlying material is what can answer the questions it leaves open.

What Georgia law says

Georgia apportions fault. Under O.C.G.A. § 51-12-33, when more than one person is responsible for an injury, damages are divided according to each person’s percentage of fault, and a person found 50 percent or more responsible for the injury cannot recover damages. That is why the reconstruction questions above, including each vehicle’s path, timing and sight lines, matter in any crash involving more than one vehicle. A short initial report rarely contains enough information to answer them. This is general information about Georgia law, not a conclusion about this incident.

Source: WRDW/WAGT.

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Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.