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Georgia Car Accident Traffic

The Impact of Traffic Law Violations on Accident Claims in Georgia

Navigating the aftermath of a car accident can be complex, particularly when traffic law violations such as speeding or driving under the influence (DUI) are involved. At the Law Offices of Kyle E. Koester, LLC, we understand how these violations can significantly impact liability and compensation in an accident claim. This article explores the legal ramifications of traffic law violations in the context of Georgia’s statutes and how they influence accident claims.

Understanding Liability in Traffic Law Violations:

  1. Speeding and Liability:

    • Under Georgia law, speeding is not only a traffic violation (O.C.G.A. § 40-6-181) but can also be evidence of negligence. If a driver’s speeding contributed to an accident, this could significantly affect their liability.
    • In cases where both parties are found to be speeding, Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) applies, potentially reducing the compensation based on each party’s degree of fault.

  2. DUI and Its Impact:

    • Driving under the influence (DUI) is a serious offense in Georgia (O.C.G.A. § 40-6-391). A DUI charge in the context of a car accident can heavily influence the determination of liability.
    • A driver found to be under the influence at the time of the accident is likely to bear a larger portion, if not all, of the liability, which can affect compensation claims and even lead to punitive damages under O.C.G.A. § 51-12-5.1.

Compensation and Traffic Violations:

  • Impact on Insurance Claims: Traffic violations can lead insurers to place greater liability on the violating driver, affecting claim outcomes and settlements.
  • Punitive Damages: In cases involving gross violations, such as DUI, Georgia law allows for punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future.

The Role of Evidence:

  • Collecting Evidence: After an accident involving traffic violations, collecting evidence such as police reports, witness statements, and traffic camera footage becomes crucial.
  • Proving Violations: Proving a traffic violation like speeding or DUI requires substantial evidence, which can significantly strengthen a compensation claim.

Legal Representation and Guidance:

  • Navigating Complex Claims: Understanding and proving the impact of traffic violations on accident claims can be legally complex. Professional legal guidance is often necessary to navigate these intricacies.
  • The Role of an Attorney: A skilled car accident attorney can help in interpreting traffic laws, gathering evidence, and representing the client’s interests effectively in negotiations or court proceedings.

Conclusion: Traffic law violations like speeding and DUI can profoundly affect liability and compensation in car accident claims in Georgia. It is crucial for individuals involved in such accidents to understand these impacts and seek experienced legal representation. At the Law Offices of Kyle E. Koester, LLC, we are dedicated to providing our clients with the guidance and representation needed to navigate the complexities of these claims and achieve the best possible outcome.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

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