Does Receiving a Traffic Citation Mean I Cannot Recover for My Georgia Auto Accident?


January 14, 2011

Many Georgia drivers find themselves in a quandry when they are involved in a motor vehicle collision and suffer serious injuries, only to receive a traffic citation from the police officer at the scene. If you or someone you love is involved in a serious motor vehicle accident involving a car, pickup truck, tractor-trailer, SUV or pedestrian resulting in serious injuries or even death, a traffic citation is not necessarily a bar to recovering damages for injuries.

Many accident victims who suffer catastrophic injuries with staggering medical costs, painstaking rehabilitative therapy and permanent disability believe that they cannot seek compensation for their injuries because they received a traffic ticket. While it is true that a traffic citation may or may not mean that you are at-fault, it does not necessarily mean that you are out of luck in terms of obtaining compensation for your injuries.

If you or a family member is involved in an auto collision resulting in serious injuries or death, it is always best to obtain immediate legal advice from an experienced Georgia auto accident lawyer regarding your ability to seek compensation for your injuries. At Montlick and Associates, Attorneys at Law, we have been representing Georgia car accident victims in Atlanta and throughout ALL of Georgia for over 25 years. Even if you received a traffic ticket following your traffic accident or the police officer indicated that you were at-fault, depending on the circumstances, we may be able to help you recover compensation for your injuries.

It is important to understand that a traffic citation is really only an accusation, not a finding of fault or a determination of guilt. Many traffic citations are dismissed, which means that they may have absolutely no impact on the issue of negligence in your Georgia auto accident lawsuit. In fact, only a guilty plea in traffic court is admissible for purposes of proving fault in a civil lawsuit. Otherwise, what occurs in the traffic court is not admissible. Police officers are human and they can make mistakes or have insufficient evidence or knowledge to prove the facts constituting a traffic violation. This means that the issue of liability requires independent investigation and analysis by a leading Georgia law firm. Your attorney may need to employ investigators or depending on the facts and seriousness of the case, even accident reconstruction experts. By investigating and finding existing evidence in your favor, experienced Georgia car accident attorneys will frequently be able to determine that the other driver was at-fault even if you received a traffic ticket.

Even if your traffic citation is valid and results in a conviction, this does not mean that you must face the devastating financial consequences of your car accident injuries without compensation. Georgia auto accident law applies the legal doctrine of comparative negligence, which means that being at-fault for a car wreck does not necessarily preclude recovering financial compensation. Many times both parties share some fault for a serious auto collision. As long as your share of the fault is less than fifty percent, you may still be able to obtain compensation for your injuries. The amount of your recovery can be reduced by the percentage of fault assigned to you by the judge or jury. For example, if your total damages are determined to be $500,000 with you being 10% at fault, you could still receive $450,000 if your your case is proven correctly.

The bottom line is that if you are an injury victim in a serious Georgia car crash, you should never assume that you cannot be compensated for your auto accident injuries because you may have received a traffic citation. At Montlick and Associates, Attorneys at Law, our experienced Georgia car accident lawyers have helped thousands of car accident victims including those who may have received traffic tickets or a preliminary indication that they were at-fault. Our Georgia car accident lawyers are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333) or visit us on the web at www.montlick.com. No matter where you are located, we are just a phone call away, and we will even come to you.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.