But the guy who hit me got a ticket?   Leave a comment

By Render Freeman

Many victims of road wrecks are surprised to learn that who got the ticket doesn’t matter in Georgia.  In a civil lawsuit arising out of a motor vehicle accidents, who got the ticket is inadmissible – the jury will never know.   Even a conviction in traffic court is inadmissible, unless based upon a guilty plea.   Moreover, the police officer’s opinion about who was at fault, will not be admitted.  There are very few exceptions to these rules. 

Aggressive insurance companies will refuse to take responsibility for a wreck even when their insured is clearly at fault, and they’re the ones that decide whether and how much to pay for your injuries.  If the other driver ran a stop sign, they may claim that you were speeding and, thus, arrived at the intersection sooner than the other driver reasonably expected.  If the other driver rear ended you, they may contend that you stopped suddenly and without warning.

Make sure your lawyer is competent in this area of practice.  Personal injury law has one of the highest incidence of malpractice.  That’s because most lawyers under-estimate the complexity of this practice area.

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