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Everything You Need To Know About Georgia Car Accident Laws
Attorneys from the Do Law Office present this helpful guide to Georgia car accident laws. When you need info and assistance after an auto collision, call us!
Georgia’s Traffic Accident Laws
Navigating the legal aftermath of a Georgia car accident is likely to be difficult without representation from a car accident lawyer.
Georgia has rules to help people involved in car accidents understand what to do after a collision, when to contact insurance companies, and what information should be shared with authorities. In many cases, the injured party can either settle with the party responsible for the accident’s monetary damages or take legal action to compel the responsible party to pay for those damages.
Georgia’s Fault-Based Approach to Car Accident Laws
After an automobile collision, Georgia uses a fault-based approach regarding matters such as culpability and insurance coverage. This means that the driver at fault can be held accountable for any injuries and property damage resulting from the collision. Their insurance coverage will be examined first to cover these costs.
Consequently, car accident victims in Georgia can seek compensation in one of three ways:
- Submit a car accident claim with your insurance company, which will then pursue compensation from the other driver’s insurance company.
- Launch a personal injury lawsuit in civil court against the negligent party.
- File an insurance claim directly with the other driver’s insurance company.
Comparative Negligence in Automobile Accident Cases in Georgia
Comparative fault refers to a circumstance in which multiple parties are at least somewhat responsible for an accident. In this scenario, different approaches are taken by states.
In a Georgia personal injury case, you can recover from any party more at fault than you. Still, your damages (cash recovery) will depend on the percentage proportional to your degree of fault. This signifies that Georgia is a state with “modified comparative negligence.”
This rule governs jury or judge awards in civil cases. Before this happens, however, an auto insurance claims adjuster would negotiate a settlement while keeping Georgia’s comparative fault standards in mind.
As for liability and comparative fault, the Georgia car accident statute provides a numeric explanation that the court might utilize to determine an appropriate compensation amount. However, there is no precise empirical procedure for assigning fault. The ultimate conclusion of a fault will depend on your ability to negotiate a settlement offer with an insurance claim adjuster or persuade a judge or jury. This might be another reason to consider hiring a Vietnamese car accident lawyer for your case.
To illustrate how this rule applies in practice, consider the following example. Suppose you are traveling a few miles per hour over the speed limit when a car in front of you abruptly makes a left turn. Without sufficient stopping distance, you collide with the other vehicle.
Since you were driving over the speed limit, the jury (or adjuster) determined that you were 20% responsible for the collision. The other driver is deemed to be 80% to blame. If you were otherwise entitled to a $1,000 award, it would be reduced to $800 due to your 20% fault.
Under Georgia car accident laws, all drivers must have auto insurance. To lawfully operate motor vehicles in the state, an adult driver must meet the following insurance requirements:
Bodily injury liability insurance covers $25,000 per person and $50,000 per accident.
For every accident, a minimum property damage liability coverage of $25,000 is required.
Uninsured motorist bodily injury coverage of $25,000 per person and $50,000 per incident, property damage coverage of $25,000, and $250, $500, or $1000 is deductible, depending on the coverage policy.
Failure to submit proof of insurance could result in a penalty and criminal prosecution. If convicted of knowingly operating a vehicle without minimum insurance coverage, the operator might face a fine of $200 to $1,000 or up to 12 months in jail.
Responsibilities of Drivers Involved in an Accident
Drivers involved in a Georgia car accident that results in damage to another vehicle or serious injuries or death to the other persons involved are required to stop immediately or as soon as practicable and return to the scene of the car accident.
Under Georgia’s car accident laws, drivers must provide “reasonable aid” in the event of an injury. This may involve transporting or organizing transport to a medical facility for medical treatment if care appears necessary or if the injured person wants assistance.
A driver or passenger involved in an accident must do everything feasible to inform emergency medical personnel and law enforcement if a victim is unconscious or seems deceased. Additionally, all affected drivers must disclose their name, address, car registration number, and driver’s license.
The officer will complete a police report, document property damage of $500 or more, and describe any serious injury or death. While preparing the crash report, the officer may question the drivers and passengers for further information. The Do Law Office can gladly assist if you do not know how to read a car accident report.
A hit-and-run accident is commonly referred to as a driver who abandons the scene of a fatal or life-threatening car wreck. A hit-and-run driver may be penalized, punished with a misdemeanor or crime, and sentenced to prison if convicted.
Georgia Statute of Limitations for Auto Accidents
In Georgia, the statute of limitations for filing a lawsuit for personal injury is two years. The filing deadline, however, depends on the nature of the case, your car accident symptoms, and the extent of the damage.
This two-year statute of limitations does not apply to insurance claims with the carrier. It is to bring a lawsuit against the driver responsible for the property damage and injuries. The date begins at the scene of the collision.
Certain circumstances may alter this date, but they are all subject to the presiding judge’s discretion. Unless they die later, the same statute of limitations applies to filing wrongful death claims on behalf of a car accident victim. Property damage may extend the statute of limitations to four years.
How Can an Attorney Help With Your Georgia Auto Accident?
An attorney can provide legal guidance, investigate the accident, negotiate with insurance companies, and represent you in legal proceedings related to your Georgia auto accident, helping to ensure that your rights are protected and that you receive fair compensation for any damages or injuries.
If you’re ever involved in a car accident, having our comprehensive guide to car accidents on hand can help you navigate the aftermath. It’s also good to have an essential awareness of the rules that may apply after a car accident, but if you’ve been hurt in a collision, you may need more than just mere facts. It may be prudent to explore your options with an experienced attorney.
Our firm can assist you if you or a loved one has an accident in Georgia. We offer free case evaluation for personal injury victims of different car accident cases. Speak with our car accident lawyers now and get your free consultation.
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Duluth, GA 30096
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