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Georgia Auto Accident Statute of Limitations

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A report by the National Highway Traffic Safety Administration (NHTSA) estimated that 25,580 people died and many more were injured in 2012 auto accidents from January through September. Being prepared before an accident can enable a victim to obtain all the necessary information that will be helpful to their case.

Consulting a Clayton County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

Georgia auto accident victims must file a claim within two years. There are several exceptions to this rule, such as accidents involving minors and mentally challenged victims (exceptions that involve an estate filing the claim on behalf of the victim). An exception also exists if there has been a wrongful death and the victim's estate does not have an appointed administrator; in this case, Georgia allows a "tolling" five-year period before the regular two-year time limit goes into effect.

Georgia has seen a sweeping change in auto injury law since a 2009 decision. The Georgia Supreme Court case Beneke v. Parker redefined the method for calculating the expiration of the statute of limitations in auto and truck accident cases. Following the decision, in cases where a driver has received a traffic citation, the two-year statute of limitations does not begin to run until the prosecution of the citation has become final. Before Beneke, the statute of limitations was strictly two years from the date of the incident. O.C.G.A § 9-3-3. 

If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith. We can obtain the relevant evidence including police reports.

Category: Auto Accidents

Shane Smith
Advocate for the Seriously Injured in Georgia

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