Traffic offenses such as speeding, drunk driving, or reckless driving can affect a car accident claim. Drivers who cause accidents due to traffic violations may face more than fines and other criminal penalties. They can also face civil liability for any harm they cause others to suffer due to their traffic violation.
If you have suffered injuries in a car accident that a driver caused due to their disregard for safety, including a violation of Georgia traffic laws, an experienced personal injury lawyer from Bayuk Pratt can explain your rights to seek full and fair compensation. Contact us today to learn more in a free consultation.
What Types of Traffic Citations Could Police Issue After a Car Accident?
When police officers in Georgia respond to a car accident scene, they will investigate the crash to determine the cause of the accident. The investigation may uncover evidence that leads the officers to issue citations or arrest a driver for traffic violations or criminal offenses. Examples of citations that police may issue at a car accident scene include:
- Speeding
- Failure to stop at a red light or stop sign
- Failure to yield the right of way
- Tailgating
- Turning or changing lanes without signaling
- Illegal turns
- Improper passing
- Texting while driving
- Failure to keep the lane.
Police can also arrest at-fault drivers for more serious traffic offenses such as reckless driving or drunk driving. The traffic violation can prove that the other driver failed to use reasonable care and should be liable.
Are Georgia Traffic Violations Considered Misdemeanors?
Unlike other states that classify traffic violations as non-criminal offenses, Georgia designates all moving violations as misdemeanor offenses, including speeding, running a red light or stop sign, and improper passing. A conviction for a traffic violation in Georgia can lead to penalties, including fines that may reach as high as $1,000 (depending on the offense), points on one’s driving record, and possible incarceration for the most serious traffic offenses, such as driving under the influence of alcohol and/or drugs (DUI) or reckless driving.
Are Speeding and DUI Considered Negligence in a Car Accident?
Drivers owe a duty to other road users to drive safely, obey traffic laws, and take reasonable precautions to avoid crashes. Suppose a driver violates their legal duty by speeding, disregarding traffic signs, or driving under the influence. In that case, they may be found negligent and held financially responsible for the medical expenses and other losses they cause. A driver’s unsafe actions can lead to car crashes because other drivers do not anticipate a driver speeding through a red light or a vehicle swerving unpredictably.
An experienced personal injury attorney at Bayuk Pratt can compile evidence and establish whether another driver’s actions contributed to your car accident and work with you to file an insurance claim against the at-fault driver.
Can a Traffic Violation in a Car Accident Affect Who Is Considered at Fault?
A traffic violation conviction may help a plaintiff in an auto accident claim assert a claim of negligence per se against the convicted driver. When a driver in a car accident is convicted of a traffic violation related to the collision, the violation of the law can serve as evidence that the driver breached the duty of care they owed to the victim. Even without a conviction, an alleged traffic violation can play a role in determining fault for a car accident. For example, a plaintiff may use a driver’s pending traffic ticket to show that the police had probable cause to believe the driver committed a traffic violation.
However, a traffic violation does not automatically prove a driver’s fault for a car accident. A court or jury may find evidence indicating that another driver or party involved in the accident bears some share of the fault.
Can More Than One Person Be Held At-Fault for a Georgia Car Accident?
Sometimes, more than one driver will be responsible for people’s injuries in a car crash. For example, suppose a driver moves over to the right lane without signaling or checking their mirror while another driver attempts to pass in that same lane. In such a crash, both drivers could share fault.
Georgia follows a modified comparative negligence rule that apportions financial responsibility for an accident victim’s injuries to each at-fault party, including the accident victim if they share responsibility. Under this rule, an injured party can pursue a personal injury claim only if they bear less than 50 percent of the fault for the accident.
What Types of Evidence Can Help My Car Accident Case?
Proving fault in an auto accident case will require more evidence than just a traffic ticket. The types of evidence that experienced attorneys will use to develop a personal injury lawsuit after a car accident include:
- Accident scene photos and videos
- Dashcam footage
- Surveillance or traffic cam footage
- Eyewitness statements
- Police reports
- Traffic citation records or conviction records
- Vehicle event data recorder electronic logs
- Accident reconstruction expert reports and testimony.
Contact a Georgia Car Accident Lawyer Today
Did you suffer physical injuries because another driver violated Georgia traffic laws? If so, you need an Atlanta car accident lawyer with a record of success in complex car accident cases to protect your rights. At Bayuk Pratt, our founding partners are former insurance defense lawyers who use their insider knowledge of how insurers respond to claims to seek justice for injured people.
Let the personal injury lawyers at Bayuk Pratt fight for the compensation you will need to cover your medical expenses, rehabilitation costs, future medical expenses, lost income, and pain and suffering damages. We have recovered over $300 million for our clients and are proud of the testimonials many of them have provided us. Contact us today to learn more about how we can help you after a car accident in Atlanta or elsewhere in Georgia. We can offer a free consultation.
