Georgia’s Reckless Driving Law and Your Car Accident Case
Sharing the road with other vehicles carries an inherent risk of accidents. These usually result from negligence, which means one or more drivers failed to exercise the expected standard of reasonable care. However, when another driver’s behavior transcends negligence and becomes reckless, the consequences can be significant. If you or your family members are injured in an accident, the fact that another driver was reckless can have a direct effect on the financial compensation you are entitled to recover.
In Georgia, reckless driving is a criminal offense. It goes beyond simple mistakes or lapses in judgment behind the wheel. It signifies a willful or wanton disregard for the safety of others on the road. Examples include speeding excessively, running red lights, weaving through traffic or driving under the influence of drugs or alcohol. While negligence might involve a driver making an error due to inattention, recklessness implies a conscious choice to act in a way that puts themselves and others at risk.
This distinction between recklessness and negligence is critical when dealing with car accident injuries. Georgia law follows a modified comparative negligence rue. This means that to recover compensation for your damages, you must prove that the other driver was at least 50 percent at fault for the accident and that you were not more than 50 percent at fault. A reckless driving charge against the other driver serves as strong evidence of their fault. It suggests they intentionally or deliberately disregarded the safety of others, significantly increasing their share of blame.
Proving a driver’s level of fault can be difficult and retaining a qualified car accident attorney can be essential. An experienced attorney will thoroughly assess your case, gather evidence, including any police reports or witness statements that document the other driver’s reckless behavior. A separate criminal case may be brought against the other driver, in which you can be the complaining witness. If a conviction results, this can serve as evidence in support of your civil claims for financial damages. A skilled attorney will also work with medical professionals to analyze the extent of your injuries and will calculate the appropriate compensation for medical bills, lost wages and pain and suffering, which can be used in settlement negotiations or in trial of the case if necessary..
The Law Office of S. Mark Mitchell, LLC in Newnan, Georgia represents accident victims throughout the south Atlanta area, helping them recover the financial compensation they need and deserve. To schedule a free consultation, call my firm at 470-344-8550 or contact us online.
