In Georgia, every driver has a duty to exercise ordinary care in the operation of a motor vehicle. Whether a driver has exercised ordinary care or breached this duty depends on all of the circumstances and facts existing at the time and place of the accident.

The occurrence of an automobile collision that results in an injury does not automatically establish liability on the part of the driver who is at fault. In order for the driver to be liable, the plaintiff must show that the driver was negligent, and that the driver's negligence caused the plaintiff's injuries. It is important to remember that the exercise of ordinary care applies to both parties in an accident, and the fact that the defendant broke a law or was negligent does not relieve the plaintiff from exercising ordinary care.

Within the idea of ordinary care exists a wide array of duties imposed by state law. For instance, it is the duty of a driver to maintain a proper lookout for potential hazards on the road ahead. Maintaining a proper lookout requires a driver to be diligent in looking for other vehicles, pedestrians lawfully on the roadway, and fixed objects lawfully on or by the road. A driver who momentarily takes his eyes off the road to find a pack of cigarettes or make a cell phone call is probably violating his duty to maintain a proper lookout.

Motorists also have a duty not to drive or move a motor vehicle unless the equipment on the vehicle is in good working order and the vehicle is in such a safe mechanical condition as not to endanger the driver or any other person on the road. In addition, motorists are required to operate their vehicles at a rate of speed not greater than is reasonable or prudent under the conditions and with regard for the actual and potential hazards that are present. These are just a few of the many duties drivers are obligated to uphold.

When an accident does occur, motorists have a duty to stop. At the scene, the motorist must present information such as his or her name, current address, and the registration number of the vehicle. The motorist must also render reasonable assistance to any injured person. If a motorist knowingly fails to stop after an accident, and the accident is a proximate cause of death or serious injury, the motorist may be convicted of a felony. If a non-serious injury occurs or if only property damage was done, the motorist may be convicted of a misdemeanor if he fails to stop.

When a motorist violates a statute regulating traffic such as reckless driving, he has committed negligence per se in the absence of a valid defense. Once the plaintiff has shown negligence per se, the defendant may avoid liability by showing that the violation was unintentional and in the exercise of ordinary care.

Negligence per se does not automatically establish liability. As with common negligence, the plaintiff must still show that the negligent actions were the proximate cause of his injury in order to recover. To prove proximate cause, a plaintiff must at least show that the defendant might have known that some harm would result from his or her negligent conduct.

When bringing suit, a plaintiff may seek general and special damages. Special damages are those damages which the plaintiff actually sustained as a consequence of the alleged acts such as medical bills, lost profits, and loss of employment. The plaintiff must plead these losses fully and distinctly. The amount of special damages is important, because it provides the jury with a way to measure general damages. General damages include such damages as pain and suffering, and the plaintiff does not have to state a specific amount to be awarded general damages. Punitive damages may also be allowed in certain situations.

Defendants in motor vehicle cases have many potential defenses that they may use at trial. For instance, a plaintiff in a motor vehicle accident case is generally not entitled to recover for his injuries if he could have avoided the consequences of the defendant's negligence by the exercise of ordinary care, or if he negligently caused his own injuries. Such action by a plaintiff is known as contributory negligence. Comparative negligence may also reduce the plaintiff's recovery where the evidence shows that the plaintiff failed to exercise ordinary care for his own safety. One example of this would be if a plaintiff was a passenger in a vehicle with a driver he knew was intoxicated.

Georgia law also recognizes the defense of intervening causes. Generally, a driver who starts a chain of events through his own negligence may be held liable for all mishaps that are the proximate cause of his negligent actions. However, the driver may be relieved of liability if he can show that there was an intervening act of negligence by a third person that is the proximate cause of the injury. Yet, if the original negligent actor could have reasonably foreseen the intervening act made by the third person, then the intervening act of negligence will not relieve the original actor of liability for the consequences which result from the intervening act.

Another defense is assumption of the risk. The defense of assumption of the risk assumes that a person chooses a course of action with full knowledge of its danger and exercises a free choice as to whether to engage in the act or not. Where the plaintiff's assumption of the risk constitutes the sole proximate cause of his or her injuries, the plaintiff is not entitled to recover.

Georgia also has a rule known as the sudden emergency doctrine which may relieve liability. If there is a sudden danger not caused by the driver and forces the driver to make a decision without time for thought, then the driver may be relieved of liability. They key is that the accident generally must occur immediately after the apprehension of the danger.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.