Every Georgia driver has a responsibility as a reasonable person to avoid causing an accident. A driver who fails to uphold this responsibility is considered negligent. However, if their carelessness is unreasonably excessive and shows a conscious disregard for others’ safety, their action is regarded as reckless behavior.
In Georgia personal injury cases, the difference between negligence and recklessness is critical. Reckless driving is a violation of traffic laws and a criminal offense. In turn, an at-fault driver’s conviction for reckless driving may constitute negligence per se, which can be persuasive when victims pursue personal injury claims in court. This evidence can make it easier for an injured person to recover the compensation they deserve after an accident and may support an award of punitive damages.
How Does Georgia Define Reckless Driving?
Georgia law defines reckless driving as operating a vehicle with reckless disregard for the safety of others and their property. It occurs when a driver consciously takes actions that they know could harm others. Unlike simple carelessness, acting recklessly involves a conscious, willful, or wanton disregard for the potential harm and severe consequences a person might cause.
Under Georgia law, reckless driving can lead to serious legal consequences. It is a misdemeanor offense punishable by fines of up to $1,000, license suspension, and up to one year in jail. In civil cases, a reckless driving conviction can serve as strong evidence of a driver’s liability, showing that they acted without reasonable care and with deliberate disregard or intent rather than simple inattention or error.
What Are Examples of Reckless Driving in Georgia?
Reckless driving goes beyond making ordinary mistakes behind the wheel, which typically supports liability in negligence cases. Reckless driving involves deliberate or extreme actions showing willful disregard for others’ safety. Generally, reckless driving reflects a conscious decision to take unnecessary risks. It can result in criminal penalties and civil liability in a wrongful death or personal injury lawsuit after an accident.
Common examples of reckless driving in Georgia include:
- Excessive speeding, such as driving 30 miles per hour (mph) or more over the limit
- Aggressive lane changes or weaving through traffic at high speeds
- Running red lights or stop signs with no attempt to slow down
- Tailgating another vehicle at a dangerous distance, especially at high speeds
- Street racing or participating in illegal drag races
- Driving under the influence of drugs or alcohol, showing a knowing disregard for others’ safety
- Passing on a curve or hill where visibility is limited.
How Does Georgia Define Negligent Driving?
A Georgia driver is negligent when they fail to exercise the level of care that a reasonably prudent person would use in the same situation. In contrast to reckless driving, establishing negligent driving doesn’t require proof of a driver’s conscious or intentional disregard for safety. It results from carelessness, distraction, or simple inattention. A driver may not have meant to cause harm, but still breached their legal duty to drive safely.
In a civil injury claim, proving negligence involves showing that the driver’s failure to act responsibly directly caused another person’s injuries or property damage, even if they didn’t commit a criminal offense in the process.
What Are Examples of Negligent Driving in Georgia?
Negligent driving happens when a driver makes an avoidable mistake or fails to pay adequate attention to the road. These behaviors occur every day and are often unintentional. Still, they can create unnecessary risks for others. Even minor lapses in judgment amount to negligence if they cause an accident or injury. Examples of negligent driving alleged in personal injury cases include:
- Texting or using a phone while driving in violation of Georgia’s Hands-Free Law
- Failing to yield the right-of-way at an intersection or while merging
- Running a stop sign or traffic light due to distraction or inattention
- Driving too fast for conditions, such as rain, fog, or heavy traffic
- Following too closely, leading to rear-end collisions
- Failing to use turn signals when changing lanes or turning
- Not checking blind spots before merging or passing another vehicle.
How Can a Georgia Car Accident Lawyer Prove Reckless or Negligent Driving?
An experienced personal injury lawyer can help determine whether an at-fault driver engaged in reckless and negligent driving by gathering evidence showing how the crash occurred. Establishing these crash details is necessary to show whether the driver acted carelessly or with conscious disregard for others. The process begins with a review of the official police report and citations.
Attorneys may use a wide range of evidence to prove a driver’s fault. Typical evidence in car accident lawsuits and claims, whether alleging negligence or recklessness, includes witness statements, dashcam or traffic camera footage, and photos of vehicle damage. In particular, a criminal conviction or arrest record can strongly support a claim against an at-fault driver.
Many lawyers work with accident reconstruction experts who can analyze technical data and reports to understand the details of a crash, such as whether a driver’s speed, lane position, or reaction time contributed to the collision.
What Compensation Is Available for an Accident Claim Involving Negligence or Recklessness?
The available compensation in a Georgia car accident lawsuit depends on factors unique to the case, such as the severity of the injuries, the amount of expenses and financial losses, the extent of the injured person’s expected physical recovery, and the amount of insurance coverage available. The details and the precise amounts depend on the case’s specific facts. Many car accident victims seek compensation for:
- Medical expenses
- Lost wages
- Property damage
- Diminished quality of life
- Physical and emotional pain and suffering
Additionally, under Georgia law, when a defendant’s conduct amounts to extreme recklessness and shows a blatant disregard for others’ safety, such as drunk driving, it may support an award of punitive damages. Unlike compensatory damages, punitive damages do not compensate victims for their losses. Instead, they serve to punish and deter reckless drivers for their willful misconduct. If a driver’s negligent act is mere negligence, such as distracted driving, it likely won’t prove recklessness and support punitive damages.
Get Help from a Georgia Car Accident Lawyer Near You
If you suffered injuries in a car accident that another driver caused because of their negligence or recklessness, you may be entitled to compensation for your medical expenses, lost income, and other financial and personal losses. Having support from a skilled personal injury lawyer can improve your likelihood of securing justice.
Sherrod & Bernard, P.C., has more than 85 years of combined legal experience and has been serving injured people in Douglasville and the surrounding communities for over 30 years. We’re committed to delivering positive results and have received positive feedback from clients.
Contact us today at Sherrod & Bernard, P.C., to get started with a free consultation and learn how a Georgia personal injury attorney can provide the legal support you need and deserve.
