Navigating the Roads and Laws: Understanding Georgia’s Car Accident Fault Laws

Driving in the beautiful state of Georgia comes with an obligation to understand and abide by the rules of the road. In the unfortunate event of an auto accident, Georgia law helps determine fault, and as a driver, comprehending these laws is vital. This comprehensive guide explores Georgia’s car accident fault laws and liability so that you are equipped to navigate the complexities of the state’s legal landscape.

Georgia’s At-Fault Laws

When it comes to car accidents, Georgia follows the “at-fault” system. An “at-fault” system refers to the process whereby the driver responsible for an accident, or their insurance company, is held liable for compensating any damages or injuries caused. This differs from the “no-fault” system where drivers turn to their own insurance coverage to seek damages, regardless of who was responsible for the accident.

Considering Georgia’s at-fault system, it’s imperative that every driver in the state understands their liability in the event of an accident. But how is fault determined?

Establishing Fault – Delving into Georgia Code Title 40, Chapter 6

Georgia’s Code Title 40, Chapter 6 contains the Uniform Rules of the Road that dictate the basic principles for operating a motor vehicle. The rules encompass a wide spectrum of potential scenarios and driving behaviors. They address speed limits, yielding rights, traffic signal compliance, and more.

In Georgia, following an accident, fault is determined based on several factors. The investigating officers will typically refer to Georgia’s Uniform Rules of the Road and analyze the events leading up to the incident. Drivers are expected to uphold the standards outlined in Georgia’s Code Title 40, Chapter 6, and a failure to do so can result in a driver being held responsible for an accident.

Police officers gather evidence at the accident scene, take statements from those involved and witnesses, and assess violations of the traffic laws in order to determine the at-fault driver. The final police report plays a significant role in the determination of fault.

Legal Aftermath & The Importance of Insurance

Car accidents have a legal aftermath that typically involves insurance claims and potential lawsuits. In Georgia, drivers are required to carry a minimum amount of liability insurance to cover potential property damage and personal injury. Liability insurance minimums include:

• $25,000 for bodily injury or death of one person in an accident
• $50,000 for bodily injury or death of two or more people in a single accident
• $25,000 for property damage per accident

Georgia’s at-fault laws dictate that the insurance provider of the at-fault driver will be responsible for compensating accident victims for their damages, up to the policy limits.

However, if the at-fault driver is uninsured or underinsured, accident victims may need to turn to their own insurance coverage, like Uninsured/Underinsured Motorist Coverage (UM/UIM).

In some cases, fault in an accident may be shared between both drivers. Georgia applies a “modified comparative fault” rule. This means that a driver’s recovery of damages may be reduced in proportion to their percentage of fault in the accident. However, if a driver is found to be more than 50% at fault, they cannot recover any damages at all.

Time Limits and Legal Action

There is a time limit, or statute of limitations, within which accident victims must bring their claim. In Georgia, personal injury claims must be filed within two years of the accident, while property damage claims have a four-year time limit. These time limits make it crucial for accident victims to seek legal advice as soon as possible.

Seek Legal Help from Cohen & Sinowski

Car accidents can be overwhelming, and the complexities of Georgia’s car accident fault laws can add to the confusion. With experienced legal support on your side, you can focus on your recovery while a seasoned attorney navigates the legal aspects on your behalf. At Cohen & Sinowski, we bring extensive knowledge of Georgia’s car accident fault laws and are committed to passionately advocating for your rights.

If you or someone you know has been involved in a Georgia car accident, contact us today for a free consultation. Let us help you secure the compensation you deserve, while you regain your life after the accident. Cohen & Sinowski is here for you, because in times of need, #localmatters.