Auto Accidents

In our automobile dominated society, a person is most likely to deal with tort law in the context of a motor vehicle collision.

A traffic court may deal with citations issued to drivers, and determine who has to pay a fine or spend some time as a guest of the county. The Department of Public Safety may suspend or revoke a driver's license. However, neither of those decides who pays monetary damages, or how much. In fact, traffic tickets and license suspensions are ordinarily not even admissible in evidence in a tort case.

Liability for another person's bodily injury or property damage in a motor vehicle collision is usually based upon commonsense grounds of negligence, many of which are codified the Uniform Rules of the Road. This includes categories of negligence such as speeding, following too closely, improper lane change, driving on the wrong side of the road, failure to keep a lookout for other vehicles on the road, etc.

General guidelines for what to do after a wreck include:

  • Stay calm. Don't argue or yell.
  • Do not move any vehicles until after the police arrive, unless you are on an expressway.
  • If you are on an expressway, try get the cars out of the traffic lanes. If you are near the crest of a hill, try to warn drivers coming over the hill.
  • Ask someone to call the police 911. Don't let anyone talk you out of it.
  • Do not say you are not hurt. Some internal injuries do not show up for days. It is often both truthful and prudent to simply say that you are "shaken up." Do not be too proud to ride in an ambulance if police or paramedics suggest it.
  • Note any other causes of the wreck, such as road hazards, etc.
  • If you have a camera in the car, take pictures of the scene and the vehicles (damage, defects, odd tags or bumper stickers, alcohol and drug containers, etc.
  • When police arrive:
    • Be pleasant, cooperative and truthful.
    • Speak slowly and clearly in order to be understood.
    • Do not make guesses about time, speed and distance. You likely would be wrong.
    • Do not say it was your fault. That can be determined when you are not in shock.
    • If you smelled alcohol on another driver's breath, or saw a driver and passenger switch places after a wreck, tell the officer.
    • Give the police officer and the other driver information about your auto insurance, but do not tell anyone at the scene that your insurance will pay damages for anyone.
    • Promptly notify your own automobile insurance company.
    • If a strange person appears at the wreck and offers you a ride to a chiropractor, or if you are called later by a stranger who learns of the wreck and tries to get you to go to a particular chiropractor or lawyer, get his name and tag or phone number. Report him to the police and to the Georgia Insurance Commissioner's Fraud Investigation Unit, (800)7266070.
    • If you get a ticket, don't argue with the officer. You may sign it to acknowledge receipt.
    • From the other driver's license, copy the name, address, license number and date of birth. Write down the tag number. If a large truck is involved, also copy everything that is written on the side of the truck.
    • Talk to an experienced lawyer before you sign anything else, give a written or tape recorded statement, go to traffic court, or settle with a claims adjuster.