Atlanta Reckless Driving Injury Attorney

As found in O.C.G.A. 40-6-390, a person commits an act of reckless driving when they operate their vehicle with “reckless disregard for the safety of persons or property.” In most cases, this is interpreted to mean that the offending party shows a willful or wanton disregard for the safety of others. Reckless driving is considered a misdemeanor, punishable by up to a year in jail.

But that is the criminal definition. In civil litigation, we need only show negligence – or the absence of reasonable care – to secure general liability. Establishing reckless driving, though, could lay the foundation for an additional punitive damages claim.

Sometimes we refer to aggressive driving as “road rage,” but that term does not apply solely to the phenomenon of other drivers cutting each other off while flashing some crude hand gestures. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as occurring when a driver commits a combination of moving traffic violations that endanger others or their property.

By this definition, reckless and aggressive driving may include:

• Following improperly.
• Erratic lane changes.
• Illegal driving on the shoulder, median, or sidewalk.
• Passing where it is not allowed.
• Generally operating a vehicle in a manner that is clearly careless, reckless, erratic, or negligent.
• Suddenly accelerating or decelerating.
• Failure to obey traffic signs, traffic officers, traffic control devices, etc.
• Failure to yield the right-of-way.
• Disregarding traffic warnings.
• Racing.
• Failure to signal.
• Making a turn improperly.
• Racing.

All motorists owe a legal duty to their passengers and others with whom they share the road to operate their vehicle in a manner that is reasonably safe for the conditions. Any one of these actions displays a breach of that duty, and it can be grounds for a finding of negligence and liability if someone is hurt as a result.

Reckless driving, and other actions that are considered reckless behind the wheel, are spelled out in the state of Georgia’s traffic code. Negligence is not. However, negligence is well-established to be a common cause of auto accidents. Negligence is the “failure to behave with the level of care that somebody of ordinary prudence would have exercised under the same circumstances.”

Speeding, illegal lane changing, and running a red light are all examples of actions that are both negligent and against Georgia traffic laws. One could be cited or even arrested for these actions. They may also be held liable in a civil claim for the damages caused to someone else if they cause a crash. These cases are entirely separate, and it is not necessary for the at-fault driver to be convicted in the criminal or traffic case in order to secure a finding of liability for your injuries.

Reckless driving crashes can result in serious and even fatal injuries. The amount of damages to which you are entitled will depend on:

• The percentage of blame shared by the at-fault driver. (If you are partially at-fault, your financial damage award could be proportionately reduced, per Georgia’s comparative fault law. The fact of your shared negligence, however, will not bar you from compensation unless you are half or more to blame.)
• The amount of insurance involved. Georgia requires drivers to carry a minimum of $25,000 per person and $50,000 per crash in bodily injury liability coverage. That’s often not enough to the full extent of one’s damages. If that’s the case or if the other driver doesn’t have insurance or was never caught (hit-and-run), you may have the option of filing a claim for uninsured/underinsured motorist (UM/UIM) coverage from your own insurance carrier.
• The severity of your injuries. Proof of the full extent of your injuries is often a hotly contested element in Atlanta personal injury cases. It takes a skilled legal advocate to ensure your injuries are carefully accounted for this purpose.

No matter what the circumstances, no insurance company (even your own) is going to be eager to issue a full and fair payout. This is why if you are hurt in an aggressive driving accident, it is imperative to hire an Atlanta car accident lawyer who has the experience needed to deftly negotiate with insurers and prepare for trial, if necessary.

At Apolinsky & Associates, LLC, we can help Georgia reckless driving accident victims recover financial damages for:

• Vehicle repairs.
• Vehicle replacement.
• Ambulance costs.
• Emergency room fees.
• All other hospital bills.
• Required physical therapy.
• Occupational therapy.
• Mental health counseling.
• Lost income.
• Lost earning potential.
• Pain and suffering.
• Mental distress.
• Disfigurement.
• Loss of life enjoyment.
• Loss of limb.
• Loss of consortium (spouses).
• Wrongful death.

We will also carefully examine whether punitive damages are appropriate to pursue in your case. We understand that reckless driving crashes can be as emotionally traumatic as they are physically injurious. We at Apolinsky & Associates, LLC are committed to fighting to ensure you receive the full and fair compensation that you are owed.

Although traffic citations and criminal cases are handled separately, some of the evidence gathered in preparation for those may prove useful for your civil claim. While the criminal and traffic courts will be concerned with penalizing traffic scofflaws, the civil courts are capable of securing compensation to aid those directly hurt by such carelessness.

In some cases, where the driver’s actions showed blatant and reckless disregard for the well-being of others on the road, we may consider also pursuing punitive damages, per O.C.G.A. 51-12-5.1. These damages are not presumed and must be specially requested from the court. They are only awarded in case of aggravating circumstances. To prevail with punitive damages, we must prove by a standard of clear and convincing evidence that the actions of the defendant showed willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care, raising the presumption of conscious indifference to consequences. It is a high proof standard, but there are some cases of reckless and aggressive driving injuries wherein such a standard is clearly warranted.

The statute of limitations in Georgia (GA Code § 9-3-33) holds that injured parties have only two years to bring personal injury claims forward. A court will dismiss your claims after those two years.

In cases of reckless driving, where insurance companies are often involved, it is important to remember that oftentimes insurance companies will engage in stalling techniques intended to run out the clock and avoid paying you anything before the statute of limitations is up.

There are a number of complex factors that go into the statute of limitations in any individual case, so if you are looking to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in reckless driving injury cases to build your case.