Car accidents happen fast and often leave people confused about what comes next. In Georgia, the law decides who pays for the damages, how fault is determined, and how long you have to take legal action. If you’ve been in a crash, understanding the basics of Georgia car accident laws can help you take the right steps toward getting compensation.
Georgia Is an At-Fault State
Georgia follows what’s called an at-fault system. This means the driver who caused the crash is the one responsible for paying for the damages. You’ll need to show proof that the other driver made a mistake or acted carelessly. That could mean they were speeding, texting while driving, ignoring traffic signs, or driving under the influence.
If you were also partly at fault, you can still get compensation—but only if you were less than 50% responsible. This is known as modified comparative negligence. Your payment gets reduced based on how much of the crash was your fault. So, if you were 20% at fault, your final payout would be reduced by 20%.
When You Must Report a Car Accident
Some accidents must be reported to the police under Georgia law. You’re required to report a crash if it caused:
- Injury to anyone involved
- Death
- Property damage over $500
You can report the crash to local police, the sheriff’s office, or the Georgia State Patrol. Failing to stop after a crash, especially if someone is hurt or killed, is a felony and can lead to one to five years in prison.
Common Causes of Fault in Georgia Accidents
Fault is based on negligence. Here are some common reasons drivers are found at fault:
- Running red lights or stop signs
- Speeding
- Drunk or drug-impaired driving
- Distracted driving (like texting)
- Aggressive driving, like tailgating or weaving through traffic
- Not yielding the right of way
Nearly 1 in 3 deadly crashes in Georgia involve speeding. About 1 in 3 also involve alcohol. If the at-fault driver was drunk and got served by a bar or restaurant while clearly intoxicated, that business might be held responsible too. This is known as dram shop liability.
Fault Isn’t Always About the Drivers
Sometimes, an accident isn’t the driver’s fault at all. Other factors can include:
- Faulty car parts, like brakes or airbags
- Poor vehicle repairs
- Bad road design or lack of signs
- Weather conditions like ice, fog, or heavy rain
If a defective part caused the crash, the car maker or repair shop could be held responsible. If a poorly maintained road was the problem, a city or state agency might be to blame.
What the Law Says About Deadlines
There are strict deadlines in Georgia for taking legal action after a car crash. This is called the statute of limitations. You usually have two years from the date of the crash to file a lawsuit for injuries or wrongful death.
There are exceptions. If the person hurt was under 18, they may have until their 20th birthday to take action. If the claim is against a government agency, you may have as little as six months to give notice, depending on the type of agency involved.
Insurance and Coverage Rules
Georgia drivers must carry minimum insurance to cover damage they cause. The required amounts are:
- $25,000 for injuries to one person
- $50,000 for injuries to more than one person
- $25,000 for property damage
These amounts may not fully cover serious injuries or property damage, which is why many people carry more coverage. You can also buy uninsured or underinsured motorist coverage to protect yourself if the other driver doesn’t have enough insurance.
Your Rights After a Car Accident
If you’re hurt in a crash, you have the right to file a claim against the at-fault driver’s insurance. You may also be able to file a lawsuit if insurance doesn’t offer enough to cover your medical bills, lost wages, or other costs. You can also be paid for pain, suffering, and emotional distress in many cases.
Some people also carry something called Medical Payments coverage, or MedPay. This is optional insurance that helps pay for costs like:
- Ambulance rides
- Hospital stays and surgery
- X-rays and medical tests
- Dental work
- Rehabilitation or physical therapy
- Funeral expenses
Why Legal Help Can Make a Difference
Insurance companies have teams of people working to reduce how much they pay out. They might try to blame you or offer a quick settlement that doesn’t cover everything you’ve lost. Before accepting anything, it helps to speak with a lawyer who can look out for your interests and help build a strong case.
Call for Help After a Crash
If you’ve been injured and need the help of an Atlanta car accident lawyer, you don’t have to deal with it alone. An experienced attorney can help you figure out who was at fault, gather the right evidence, and fight for the money you’re owed. Call B’Ivory LaMarr at (877) 438-7243 to get started with a free consultation today.