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Georgia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Georgia on
Q: I swerved to avoid rear ending a parked vehicle changing a tire in my inside lane without flashers on at night.

The stopped vehicle was over the crest of a hill and I had little time to check following traffic. Can I have my citation for illegal lane change thrown out? There was minor paint damage done to both my vehicle and the one in my blind side on the right when I swerved.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

This sounds like an emergency/unavoidable accident defense. Under Georgia Law, if the accident could not have been avoided and you are rapidly (i.e. exigency is key) responding to an emergency, not created by your own negligence, then the accident is just that-- an accident. Thus, you will not be... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: My daughter was side swipe from the car in lane beside her could she be at fault with falling to yield
Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

It will be a fact based question. If your daughter was attempting to change lanes when the other vehicle was established in their lane, then your daughter will likely be found at fault. However, if your daughter was established in her lane and the other vehicle improperly entered your... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: If a log rolled into a car off your property who is responsible for the damages?
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2022

A Georgia attorney could advise best, but your post remains open for two weeks. Until you are able to discuss meaningfully with a Georgia attorney familiar with state vehicle & traffic law or public safety law, as a general matter, most regions would place responsibility on the property owner.... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: who is at fault when both parties are both changing into each others lane and hit each other on a hwy?

no injuries and police not called, insurance exchanged but other driver does not want to involve insurance and wants us to pay for their damages.

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. In general, these can be difficult cases wherever they occur. It's usually one person's word against the others. Without some supporting evidence in terms of video footage or reliable unbiased eyewitness... View More

3 Answers | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis
answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
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2 Answers | Asked in Car Accidents for Georgia on
Q: I had a the car accident that was denied the claim was denied because the police office wrote the wrong things on report
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 17, 2022

Short answer is that if you disagree with the position of your insurance company and/or the opposing insurance company, and you are seeking damages, then your next step is to file a lawsuit and let a judge or jury decide who was at fault.

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1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst
answered on Jan 12, 2022

The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: If I was at fault for an accident and wasn't insured, can the victim take my assets to pay damages?
Morris  Margulis
Morris Margulis
answered on Jan 11, 2022

Yes, they can sue you, and if they win, they can take collections actions against you to collect on their judgment.

If they have uninsured motorist insurance coverage, their insurance company can sue you, as well.

If you would like assistance putting yourself in the best possible...
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1 Answer | Asked in Car Accidents for Georgia on
Q: What does this line means? O.C.G.A 44-14-470 My injuries was caused by another party.
Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 4, 2022

That is a section of Georgia Law which addresses medical and other liens on your potential settlement or award. Below is the code section. If you were injured in a car wreck, it was someone else's fault, and you want to speak with a lawyer about your potential case, feel free to give my office... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: Can I get help with a false Police Report of an Auto Accident
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 10, 2021

More information is needed here to properly respond to you.

1 Answer | Asked in Car Accidents for Georgia on
Q: Hi, I am a 20 year old and cant afford a lawyer for a summons and don't have much money at all.

I was uninsured in a vehicle but needed to work in the pandemic, I live by myself and have been since my mom threw me out at the age of 18. I have been working low income jobs and have struggled to survive everyday. At one point I was homeless due to financial struggles. What should I do? I am... View More

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2021

A Georgia attorney should advise here, but your question remains open for a week. Your situation is a difficult one, and is really needs a more meaningful response than a brief textbox answer. You could look into legal aid society/pro bono services. However, those organizations tend to handle... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: how will you be charged
Tim Akpinar
Tim Akpinar
answered on Sep 16, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. If a car accident resulted in a criminal charge (or traffic violation), attorneys in those areas (Criminal Law or Traffic Tickets) would be able to advise better than accident attorneys, who are more involved with... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: One of my employees had a accident in my company vehicle and totaled it out. Legally what can u sue him for?
Tim Akpinar
Tim Akpinar
answered on Sep 1, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. Unless there are details not mentioned here, there should not be a need to sue him. The vehicle's insurance should cover the loss if he was authorized to use the vehicle. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Do I have to provide the defendant with my evidence when they’re served?

I filed a claim online against an insurance company, and provided evidence with my claim. The claim was accepted and now I’m seeking a process server to serve the register agent of this business.

My question is when I have the person served do I have to also provide them with the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

Why don't you have a lawyer representing you? Is this a case of supposed no insurance by the at fault driver?

1 Answer | Asked in Car Accidents for Georgia on
Q: I was passing a vehicle in the left lane bobtail semi truck .4th of July 12:30 at night stayed a little to long in lane

I am a safe driver there was no traffic in front or behind in that lane or would as always moved over. I'm 65 years old and this is my lively hood should I fight the ticket or not .

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. There's no point losing further time reposting under Traffic Tickets. You could reach out to traffic ticket defense attorneys in the Atlanta area if you haven't already done so. See the tab above -... View More

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: I was in an accident where an 18 wheeler ran a Stop sign running me off road. He ran. Will my insurance go up? Not at f

The 18 wheeler left the scene to avoid repercussions. The accident was ruled not at fault. Will my insurance go up as a result? The damage was around $3300 charged to my insurance with a diminished value claim as well.

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. But ANY attorney might not have a universal answer because the way these are treated can vary by carrier. It's in your favor that you were not the at-fault driver so far as liability goes - that would be more... View More

1 Answer | Asked in DUI / DWI, Products Liability, Traffic Tickets and Car Accidents for Georgia on
Q: how do i go about getting damages to my vehicle fixed or at least compensated?

If i were the victim in a hit and run accident, and made a police report at the scene and whom they later arrested

Charles  Scholle
Charles Scholle pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2021

I’m glad to hear they found the hit and run driver. There should be an amended accident report from the resulting arrest with the driver’s information and their insurance company. You can file a claim against their auto insurance carrier to get compensated for your vehicle and injuries as a... View More

3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do Recklessness falls into intentional tort? If the driver was driving while being high but was careless?
Michael W. Horst
Michael W. Horst
answered on Jun 22, 2021

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... View More

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1 Answer | Asked in Insurance Bad Faith and Car Accidents for Georgia on
Q: What court in Georgia do I file bad faith against an insurance company?

I wasn’t driving my vehicle when it was in an accident, however the police report listed the driver of the other vehicle at fault. I put the property damage claim in with her insurance and in two days it was denied without any kind of investigation, I wrote a demand letter it was rejected. My... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

You file your bad faith claim in the court where you live or the court where the insurance company maintains an office.

You can file a complaint with the insurance commissioner.

If the sheriffs cant find the liable person you can in most states arrange for service by publication....
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