This post by trial attorney Richard Armond of The Armond Firm, LLC, a car accident and trucking accident lawyer in Gwinnett County who handles cases throughout metro Atlanta and the State of Georgia, addresses the importance of equipment violations in car and truck accident cases.
Use of equipment violations in Georgia car accident and truck accident cases by trial attorneys
Title 40 of the Official Code of Georgia Annotated (O.C.G.A.) deals with motor vehicle laws. The most common chapter of Title 40 that Georgia attorneys get questions about is Chapter 6 which addresses moving violations. Title 40, Chapter 6 of the Official Code of Georgia is extensive in length with all manner of rules of the road that keep motorists and pedestrians safe, but which also result in traffic citations (and questions for lawyers).
This post, however, briefly addresses another incredibly important chapter of Title 40, that being Chapter 8. Title 40, Chapter 8 of the Official Code of Georgia Annotated is entitled "Equipment and Inspection of Motor Vehicles." Chapter 8 has the following parts:
- General Provisions
- Lighting Equipment
- Horns, Exhaust Systems, Mirrors, Windshields, Tires, Safety Belts, Energy Absorption Systems
- Equipment of Law Enforcement and Emergency Vehicles
- Equipment of School Buses
Why are motor vehicle equipment violations under O.C.G.A. Title 40, Chapter 8 important to Georgia car and truck accident cases?
Violations of the law involving equipment violations also result in traffic citations. However, in Georgia car accident, trucking accident, personal injury, and wrongful death cases, the code sections in Chapter 8 provide an additional means of proving negligence.
Many Georgia car accidents and trucking accidents involve clear-cut negligence or fault on the part of one or more drivers who are responsible for injuring a victim in a wreck. However, plenty of times liability is disputed. Evidence regarding a lack of proper maintenance of a vehicle can contribute to proving negligence. Things like improperly maintained brakes, tire tread, and lighting equipment are potential evidence to show negligence.
You will almost never have a Georgia fatality traffic accident in which the investigating law enforcement officer does not fully inspect all vehicles involved for faulty equipment. However, in other serious injury Georgia car and trucking accidents in which there is not a fatality it is not uncommon for the investigation to be conducted by regular patrol officers instead of specially trained accident investigation officers.
Why is it important to have a Georgia car accident or trucking accident lawyer involved immediately in a personal injury case?
Evidence disappearance and/or spoliation. When someone is seriously injured in a traffic accident medical care should be priority number one. Attorneys should not give medical advice--an injured person should follow all advice of her treating physicians and other medical providers. However, it is a huge benefit to get a Georgia car accident or trucking accident attorney involved as soon as practicable.
Georgia attorneys can serve a spoliation letter on the other driver or person having custody of the vehicle. A spoliation letter is basically a legal demand to maintain evidence for use and/or inspection at a later date. Failure to preserve evidence can be used against those who ignore a spoliation letter and can sometimes result in a finding of negligence by a court.
Many times after auto accidents cars are towed to body shops and work begins the next day. Crucial evidence regarding potential equipment violations can be lost if legal representation is not involved early after car or truck accidents in Georgia.
If you or a loved one have been injured in a car or truck accident in Georgia, please contact Gwinnett County based car and truck accident lawyer Richard Armond at (678) 661-9585 for a free consultation.
Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.