Georgia Truck Accident Laws
Montlick & Associates Georgia truck accident attorneys have proven to be knowledgeable and skilled advocates for their clients. Their knowledge of the law comes from both practical experience and exhaustive study of the law. Montlick & Associates’ truck accident attorneys know that keeping their clients informed of the relevant law concerning their case helps them understand the process better and fosters open communication and trust between lawyer and client. A truck crash victim and his or her family should know how the law applies to their case. Montlick & Associates attorneys welcome and encourage their clients’ questions about the law and relish the opportunity to discuss it with them.
The following is a list of relevant laws and a brief description of their import.
Georgia Code §9-3-33: Limitations on actions. The Georgia statute of limitations for personal injury cases is two years. However, the statute of limitations for loss of consortium is four years. The time frame is calculated from the date of accrual of the right to sue. That typically means the date of the accident. Under §9-3-90, a child under 18 has two years to sue after obtaining their 18th birthday.
Georgia Code §51-1-2: Definition of negligence. Negligence is the absence of ordinary diligence. Ordinary diligence is the degree of care used by a reasonable person under the same or similar circumstances. The degree of truck drivers’ fault is measured in terms of negligence most often.
Georgia Code §51-1-4: Definition of gross negligence. Gross negligence is the failure of an ordinary person to use the slightest care that a person had the duty to exercise under the same or similar circumstances.
Georgia Code §51-1-13. An injured person has the right to a cause of action against the person who caused the injury without regard to the intention of the person. The person’s intent, however, may be considered when assessing damages.
Georgia Code §51-1-36: The operator of a motor vehicle owes the same duty to his or her passengers as he or she owes to the others on the road.
Georgia Code §51-1-32: An injured person has a right to sue another for damages from personal injuries arising out of a motor vehicle accident and a separate cause of action for property damage. The claimant may file separate claims or combine them into one cause of action if he or she wishes.
Georgia Code §51-12-4: Measure of damages. The measure of damages is that amount of money which sufficient compensates a person for their injuries.
Georgia Code §51-12-5.1: Punitive damages. Punitive damages are designed to punish and deter the person from committing the dangerous act again. A person seeking punitive damages must prove the defendant’s conduct was wanton and reckless and was to such a degree that the individual acted with conscious indifference to the consequences of the action. Driving while intoxicated is a common example of when punitive damages are permitted when the intent of the party is something less than willful and intentional.
Georgia Code §51-12-5.6: Pain and suffering. In Georgia, damages for pain and suffering are called injuries to peace, happiness, or feelings. Punitive damages are not allowed for these damages.
Georiga Code §51-12-33: Comparative negligence. A plaintiff is permitted to recover damages even if they were at fault to some degree in causing the accident. The jury or judge must reduce the plaintiff’s award by the percentage of their negligence.
Georgia Code §51-4-2: Wrongful death statute. This law describes who can recover for the death of a loved one and specifies the appropriate measure of damages.
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