Like in any other place, the traffic laws in Atlanta are meant to ensure safe driving and prevent accidents. When a driver ignores traffic laws and causes an accident, they can be held liable for their negligence.
Usage of mobile phone, over speeding, ignoring traffic laws, and aggressive driving that is often driven by teenagers causes to struck into an accident.
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6 Things to Know about Atlanta Traffic Laws
If you have been involved in a car accident, an Atlanta personal injury lawyer can help you determine if the other party broke traffic laws, gather evidence, strengthen your case, and establish negligence. Here is what you should know about Atlanta’s traffic laws and their role in personal injury lawsuits:
1. Negligence and Traffic Violations
Various traffic laws outline the rules and regulations that all drivers must follow to ensure safety. These regulations refer to speed limits, traffic signal rules, right-of-way, and lane usage among other things.
If a driver violates these laws and their actions result in a traffic accident, then the laws breached can be used as strong evidence of negligence against the driver.
In personal injury cases, establishing negligence can begin from the breaking of these laws. Running a red light, speeding, or failing to yield can establish fault in a claim.
2. Comparative Negligence
The state of Georgia follows the modified comparative negligence system. In this system, parties involved in a car accident can be assigned a percentage of fault based on the available evidence.
This percentage of fault can be used to determine who is the most liable. However, even if you are assigned a percentage of the fault, you can still pursue compensation as long as you are not assigned more than 49% of the fault.
If you are assigned 50% or more fault, then you may be barred from recovering damages in the event of an accident. Similarly, if your damages are worth $100,000, and your percentage of fault is deemed at 20%, you will only be able to recover $80,000.
Traffic laws apply to various circumstances of an accident, which can influence the percentage of fault assigned to you. Since determining fault and liability can result in a loss of compensation, it’s best to consult and have a lawyer by your side to help you build your case adequately.
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3. Duty of Care
Atlanta’s traffic laws imply that all drivers have a duty of care to each other and pedestrians. This duty of care refers to the act of driving responsibly, obeying traffic laws, being aware of pedestrians and cyclists, and maintaining a safe distance, among other things.
In a personal injury case, the first aspect in establishing fault is determining who breached their duty of care.
If an individual pursues a claim against another party, they must use the available evidence to showcase that the other driver had a duty of care, breached that duty and this breach resulted in injuries and other losses sustained by the victim.
Proving that the duty of care was breached is among the first steps in establishing negligence and liability in a personal injury case.
4. Evidence in Personal Injury Cases
When evidence is gathered in a personal injury case, the witness statements, police reports, or traffic camera footage are analyzed to establish what traffic laws were violated. This contributes to proving fault and liability.
Although car accidents can occur even when traffic laws are respected, such as in the case of vehicle defects, they are the first element analyzed in car accident claims for which everything else follows.
5. Statute of Limitations
When you pursue a personal injury claim against another party in Georgia, you must do so within two years from the accident date. This is known as the statute of limitations. This limitation exists to entice parties to pursue a claim as soon as possible.
This is because the more it takes for a claim to be pursued, the harder it will be to gather evidence. If you have witnesses, for example, who can help you establish what traffic laws were broken during your car accident claim, pursuing a late claim can result in inaccuracies as witnesses may not recall the events accurately.
6. Working With an Attorney
Understanding what traffic laws apply to your case and can be used to strengthen your claim is crucial in proving negligence and liability. Traffic laws in Atlanta can be complex and used to defend against allegations or establish negligence. Consult with a car accident attorney to explore your legal options and understand how these laws affect your claim.