Negligence plays an important role in any car accident claim. What is negligence as it relates to car accidents? Georgia law defines ordinary diligence and ordinary negligence under O.C.G.A. 51-1-2. The statute states that a person is negligent when he or she does not exercise the ordinary diligence or degree of care that an ordinary prudent person would under the same or similar circumstances. Many drivers will be found negligent when they engage in behavior that violates traffic laws, such as speeding or running a red light. A driver could also be negligent if he or she fails to yield the right of way during turns or do not stop for pedestrians in a crosswalk.
If you have been injured in a Georgia car accident, you should understand that as the plaintiff in a car accident claim, you have the burden of proof. You will be responsible for proving that the other driver acted in a negligent manner and caused or contributed to the accident and your injuries.
Citations Assist in Proving Negligence, But Are Not Necessary
Often, police officers and highway patrol officers will cite negligent drivers for their actions. It can help your case if the at-fault driver is cited for a traffic violation, such as speeding, or is arrested for driving under the influence of drugs or alcohol. However, a motorist does not need to face citations or charges in order for you to have a valid civil action. If you can establish the at-fault driver was negligent, you could receive financial compensation for your losses stemming from the crash, even if the authorities did not cite the driver.
Georgia law requires that all drivers behave in a reasonably careful manner. Motorists have a reasonable duty of care to avoid harming others and obey the law. When a driver breaches this duty, he or she acts negligently. Thus, victims of Georgia car accidents will need to show that a safe and reasonable driver would not have behaved in the same manner as the at-fault driver. A reasonable driver, for instance, will stop at all red lights, obey the speed limit, not drive while intoxicated and will leave plenty of space for pedestrians to cross. A negligent driver fails to act in a reasonably safe manner and can inflict harm on others.
If you can establish that the other driver’s negligence caused or contributed to your accident, you should be eligible to receive financial compensation for the losses you have suffered. Contact an attorney, who can evaluate the facts and circumstances of your case as well as take the necessary steps to protect your legal rights, as soon as possible.
Montlick and Associates, Attorneys at Law: Put Our Over 39 Years of Experience to Work on Your Case!
If you have been injured in a car accident, contact the Georgia Car Accident Attorneys at Montlick and Associates, Attorneys at Law. Our firm is dedicated to assisting those injured in all manner of traffic accidents across Georgia and in the Southeast and we bring over 39 years of experience to your car accident case, providing you with the compassionate representation you need to protect your rights. The sooner you act after your injury, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Source:
http://law.justia.com/codes/georgia/2010/title-51/chapter-1/51-1-2
