Atlanta, GA asked in Car Accidents and Personal Injury for Georgia

Q: Do Recklessness falls into intentional tort? If the driver was driving while being high but was careless?

3 Lawyer Answers
Michael W. Horst
Michael W. Horst
Answered
  • Personal Injury Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: The short answer is no. Intentional torts require the wrongdoer (known as the tortfeasor) to do something on purpose. A person who is driving high does not intentionally try to get in a car crash. Accordingly, while driving under the influence is certainly reckless behavior, it is not an intentional tort.

Cory D. Raines agrees with this answer

1 user found this answer helpful

Latrice Latin
Latrice Latin
PREMIUM
Answered
  • Personal Injury Lawyer
  • Mableton, GA
  • Licensed in Georgia

A: Recklessness in Georgia is actually a criminal misdemeanor. If a driver is found to be guilty of recklessness they are usually found out fault which leads to liability on the part of the insurance company. A Reckless conviction may also help you get punitive damages in addition to actual damages or specials.

Now if the driver was high that may fall under a DUI/DWI which is also criminal in nature, but can lead to similar results in n auto accident.

Some common intentional tort claims include:

Assault;

Battery;

Wrongful death;

False imprisonment;

Defamation;

Malicious prosecution; or

Intentional infliction of emotional distress.

Cory D. Raines agrees with this answer

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: I can't speak for Ga but in pleading and trying a case, I try it as if it were punitives so all that is useful knowledge.

The problem is if driver was high on marijuana, there aren't rubrics for intoxication unless he was on overload in which case I would argue that at all times he knew or should have known that......etc.

However for your case what matters for any case, punitive, reckless, carelessness, is that you go to the doctor and document impairment. If you are fine but expect a judgment because the other driver was an horses rear end, that won't happen.

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