Georgia Accident Laws: Reporting, Fault & Legal Rights

In Georgia, any car accident resulting in injury, death, or property damage over $500 must be immediately reported to law enforcement. After an accident occurs, drivers must exchange contact information, insurance details, and vehicle information. What happens next, though, can vary depending on the circumstances of the accident. Georgia follows an at-fault system for accident claims, which means the party responsible for causing the accident is liable for damages.

Whether you intend to file a lawsuit or not, though, it’s important to follow all Georgia accident laws. Protect your rights by promptly reporting the crash, documenting all evidence, and consulting an experienced attorney like those at Thompson Law.

What Is the Accident Fault Law in Georgia?

Unlike no-fault states, Georgia uses a pure comparative fault system, which adjusts compensation based on each party’s percentage of fault. It also allows individuals to receive compensation even if they are partially at fault for the accident.

In some cases, the party at fault may be obvious. For example, if an accident occurs because one driver broke a traffic law and the other driver did not, then the individual who broke the law likely bears fault. Likewise, if one driver is driving with negligence – such as eating while driving – that person is most likely at fault for the accident.

In other cases, fault may be harder to establish. This is often true when both drivers play a role in causing the accident.

Determining Fault

Understanding who is at fault in a car accident can be tricky. It usually involves considering evidence – like police reports, witness statements, accident reconstructions, etc. – as well as an investigation of the accident scene.

Other factors, such as weather conditions at the time of the accident and the physical condition of the cars involved, may also come into play when determining fault.

Insurance adjusters look at the facts to provide their opinion of who was at fault. However, they may use tactics that favor their client or minimize their share of fault to reduce payouts.

Examples of Shared Fault Scenarios

A shared fault scenario occurs when all drivers involved in an accident contributed to the incident. In other words, these scenarios occur when two or more drivers are considered partially responsible for the accident.

Rear-end accidents or collisions are a common example of this. One driver may brake unexpectedly, for example, and lead another driver, who was driving too closely behind them, to collide with them from behind.

Does Georgia Require a Police Report for an Accident?

Georgia law requires drivers to report most car accidents to the police. According to the Official Code of Georgia Annotated §40-6-273, a police report is required for an accident when any of the following criteria are met:

• The accident resulted in the injury of a person.
• The accident resulted in the death of a person.
• The accident resulted in property damage to an apparent extent of $500 or more.

If an accident occurs within a municipality, drivers must give notice to the local police department. If it occurs outside a municipality, drivers are required to give notice to the office of the county sheriff or the nearest office of the state patrol.

There is, however, no law that says you must have a police report to file a car accident claim in Georgia.

Getting a police report can still be advantageous, even if it’s not required for your car accident. A police report helps you prove the legal elements that are required to win a claim – it serves as a credible source of information that could support your case.

What Happens if You Don’t Report an Accident in Georgia?

If you fail to file a police report for an accident in Georgia when you are required by law to do so, you could face both legal and financial repercussions.

You could be charged with hit-and-run or failure to report an accident, both of which are serious crimes that can lead to consequences like license suspension, fines, and even jail time.

Beyond fines, another financial repercussion of failing to report an accident is complications with insurance claims. Without a police report, validating any claims you make about the accident – what happened, who was at fault, what the damages were, etc. – may be challenging. This could make it difficult for you to receive any compensation that you’re entitled to.

Plus, in situations where an insurance company disputes liability, a police report can help you protect yourself.

Filing a Personal Injury Lawsuit in Georgia After an Accident

After a car accident occurs, you can take steps to file a personal injury lawsuit. Here’s a brief rundown of what the process might look like:

1. First, seek medical attention. Prioritize your health and safety above all else. Be sure to collect any and all medical records to use as evidence later on.
2. Gather your evidence. Collect all photos, videos, witness statements, and other proof of the accident or the damages it caused.
3. Consult an attorney. Reach out to an experienced personal injury attorney to evaluate your case and learn what to do next.
4. File an insurance claim. Before suing, notify the at-fault party’s insurer and attempt a settlement. Because Georgia uses an at-fault system, the liable party’s insurer typically pays for damages caused by accidents.
5. Initiate the lawsuit. If the settlement fails, you can file a lawsuit within Georgia’s two-year statute of limitations.

Once you’ve filed the lawsuit, you’ll get a chance to exchange evidence with and depose witnesses from the other side. Many lawsuits settle after this “discovery phase,” but some proceed to trial, where fault and damages are determined by a judge or jury.

Let’s take a closer look at some of the most important things to know and do as you prepare to file a personal injury lawsuit in Georgia.

Collecting Evidence

To build the strongest case possible, you’ll need to gather as much evidence as you can that demonstrates what happened. The sooner you can secure this evidence, the better; memories fade, and physical evidence may change or degrade with time, hurting your chances of backing up your claim.

Keep hold of all documentation, including accident reports, medical records, witness statements, photos, etc., regarding the incident. Working with a lawyer can help you identify which pieces of evidence are most important to your case.

Georgia’s Statute of Limitations

The Official Code of Georgia Annotated § 9-3-33 states that the statute of limitations for personal injury lawsuits is two years after the incident causing the injury occurs. This statute applies to cases of auto accidents, too.

If a person died in the accident, their dependents may pursue a wrongful death lawsuit, which also has a statute of limitations of two years.

There are, however, some exceptions to this statute, including cases that involve:

• The discovery rule. Georgia law permits tolling (pausing) the statute of limitations in a personal injury case where the injury was not discovered for some time after its causal incident. In these cases, the two-year time limit begins when the plaintiff first discovers or reasonably should have discovered the injury, not the date the injury occurred.
• Minors. If the plaintiff in a personal injury case was under 18 when the incident occurred, the statute of limitations may be tolled until they reach 18.
• A plaintiff who is mentally ill or mentally incapacitated. The statute of limitations may be tolled until the plaintiff is no longer incapacitated.
• A defendant who engaged in fraud to hide the injury or their role in it.

Proving Fault and Damages

Proving negligence in a personal injury lawsuit after a car accident involves establishing four key elements:

1. Duty. The plaintiff must show that the other driver (the defendant) owed them a duty of care (i.e., following traffic laws). In general, a defendant has a duty to behave reasonably under the circumstances to prevent foreseeable harm to likely victims.
2. Breach. The plaintiff must demonstrate that the other driver breached their duty of care (by speeding, for example).
3. Causation. There must be evidence that this breach of duty directly caused the accident.
4. Damages. The plaintiff must show that they suffered measurable harm as a result of the accident.

Quantifying damages involves considering financial losses – like medical bills and lost wages – as well as emotional suffering and property damage. Keeping detailed records of all expenses can help you determine how much you can claim in damages.

How Thompson Law Can Help

Experiencing a car accident can be frightening, frustrating, and financially demanding. Consulting an experienced personal injury attorney may make navigating the complexities of Georgia law and lawsuits easier.

Thompson Law can assist you throughout this process by handling insurance disputes and filing personal injury lawsuits. We’re here to help with negotiations with insurance providers, collecting evidence, building a strong case, and receiving maximum compensation.

We’ve earned millions of dollars in damages across dozens of individual personal injury cases for clients just like you. Plus, thanks to our contingency fee model, you won’t pay unless we win money for you.

Contact Thompson Law Today

If you’ve been involved in a car accident in Georgia, don’t wait to take action. The sooner you act, the more likely you’ll be to build a strong case that helps you protect your rights and secure fair compensation. Contact Thompson Law today to receive a free consultation and get started.