Determining Recklessness in Fayette County DUI Accident Civil Suits
Georgia DUI accidents are all too common on our roads. Many drunk driving and DUI accidents occur because of negligent Peachtree City motor vehicle operators who fail to uphold their duty of driving safely on the public roads they share with other cars, motorcycles, and pedestrians on Fayette County Streets. Determining what constitutes reckless driving when it comes to Georgia DUI accidents, requires a look at Georgia State law and court decisions.
What is Reckless Driving?
According to O.C.G.A. § 40-6-390, reckless driving is defined as one who operates their motor vehicle with total disregard for the safety of others.
Georgia court cases have found that criminal negligence is enough to support the charge of reckless driving. Court opinions have defined reckless driving as someone having indifference for the rights and safety of drivers, pedestrians and others on Fayette County public roadways.
What Can Someone Face if Convicted of Reckless Driving?
- Misdemeanor charges
- Fines up to $1,000
- Mandatory jail time of up to one year
What Damages Are Available to Georgia DUI Victims of Reckless Drivers?
Based on O.C.G.A. § 51-12-5.1 punitive or “punishing” damages are available to Peachtree City DUI victims when the at-fault party is determined to have committed “reckless driving.”
In the court case Cheevers v. Clark, the court established that if the at-fault driver of a DUI accident was drunk at the time, a Fayette County DUI accident victim may be able to seek punitive damages through a civil lawsuit.
There are other types of behavior that might be considered reckless in conjunction with a Georgia DUI accident:
- Weaving
- Driving at excessive speeds/beyond the speed limit
- Disregarding traffic signs/lights
- Not remaining at the scene of the accident
Shane Smith Law can help you understand all of your legal rights, including if your accident involved a driver guilty of reckless driving. Your DUI accident attorney will complete a full survey of the circumstances surrounding your accident during your free legal consultation. Call our law offices at (980) 246-2656 to speak with a Fayette County DUI attorney who will discuss your Peachtree City DUI accident and all possible damages available to you if you do decided to pursue a civil action.