Does Violating Traffic Laws Make a Georgia Driver Liable for Punitive Damages?

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Punitive damages are an extraordinary remedy available in only certain personal injury cases. Under Georgia law, a plaintiff can only seek punitive damages if the evidence shows the defendant’s actions demonstrated “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Since punitive damages are meant to deter outrageous conduct such as drunk driving, rather than compensate the victim for his or her injuries, it is not enough to prove simple or gross negligence on the part of the defendant.

Amoateng v. Nickerson

In the context of a car accident, a driver is considered negligent “per se”–i.e., as a matter of law–if he or she fails to follow the rules of the road. For example, if a driver runs a red light and hits another vehicle in the intersection, that is a case of negligence per se. This means the driver of the other car would be entitled to compensatory damages for his or her injuries.

Negligence per se does not automatically translate into punitive damages. Consider this recent ruling from a federal judge in Atlanta. This case involves a tractor trailer accident that took place in 2014. The defendants include the driver and owner of the truck. The plaintiff was driving the other vehicle. She alleges that the defendants’ truck overturned due to an unsecured load.

There is no question that failing to properly secure a truck’s cargo violates Georgia traffic laws. The defendants here were cited by police at the accident scene for an unsecured load. The defendants opposed the plaintiff’s demand for punitive damages, arguing that this infraction did not rise to the level of “wanton misconduct” or any of the other standards set forth in Georgia law for awarding such damages.

The judge agreed. Punitive damages are typically permitted in car accident cases only after the plaintiff can show the defendant engaged in a “pattern or policy of dangerous driving.” A single incident is not a pattern. As the judge noted, the defendant-driver in this case “had not been involved in a motor vehicle collision while operating a commercial vehicle” prior to the accident with the plaintiff. There was also no evidence the defendant-driver was drunk or committed any infraction beyond the unsecured load. Accordingly, the judge granted summary judgment to the defense on the issue of punitive damages.

The judge further held that the plaintiff could not ask for punitive damages against the defendant-owner of the truck. The plaintiff alleged the owner failed to follow federal truck safety regulations. The judge said the plaintiff did not produce any credible evidence in support of this argument, however, and in any case, trucking companies are not legally required to train drivers who already possess a valid commercial driver’s license.

Of course, the owner is still liable for the ordinary negligence of the driver. And the judge’s ruling only discussed the question of punitive damages. The plaintiff is still free to seek compensatory damages for the injuries she actually sustained at trial.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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