When someone is injured or killed in an auto or truck collision, the investigating police officer charges the driver which the officer believes is at fault - the driver receives a "ticket". The traffic case is then assigned to a traffic court in the Georgia jurisdiction where the accident happened. Once the case goes to traffic court, the driver charged can plead guilty and pay a fine (or receive additional punishment), plead no lo contendre, or plead not guilty.
Of these 3 plea options, a guilty plea is the only plea that is admissable in evidence in a civil case for damages. Personal injury and wrongful death cases are brought in Superior or State Court, or in Federal District Court. Traffic Court is not where the injury or death case is heard.
A traffic court guilty plea IS admissable in evidence in the personal injury case - as an admission of negligence. It can be used to refute any argument by the defendant driver that he was not at fault. A certified copy of the traffic court guilty plea is introduced into evidence to accomplish this.
If the ticketed driver pleads not guilty but is found guilty by the traffic court judge, this finding of guilt is not admissable in the personal injury case.
The outcome in traffic court is always important for our Atlanta, Georgia personal injury law firm to determine.
A Guilty Plea in Traffic Court and its effect on Georgia personal injury cases
February 15, 2011
