With evidence of what each driver did, measured against the traffic rules and ordinary care. Georgia’s officer report isn’t the verdict: it may be useful, but what the jury hears from it depends on the rules of evidence, and the officer who didn’t see the crash isn’t an eyewitness.
| Evidence | What it shows | Act fast because |
|---|---|---|
| Photos and video | Positions, lights, signs | Businesses may overwrite video |
| Event data recorder | Speed, brakes in seconds before | The car may be repaired or sold |
| Phone records | Use at impact | Needs a legal request |
| Witness statements | Who had the light | Memory fades |
| Citation and plea | Possible admission | A guilty plea can be used; a nolo plea can't, § 17-7-95(c) |
| Crash reconstruction | How it happened | Road marks fade |
The legal structure comes next. A statute violation may support negligence per se. O.C.G.A. § 51-12-33 then has the jury assign percentages. The plaintiff at 50 percent or more recovers nothing. The other driver’s insurer can dispute anything.
Under § 40-6-273, a crash with injury, death, or apparent damage of $500 or more must be reported “immediately,” and a report creates a record of the people involved. Section 40-6-273.1 has the officer tell drivers to exchange names, license numbers, and insurer information.
SB 68’s § 51-12-15 can change the trial order so that fault is decided before damages. For that reason, keeping fault evidence well organized matters on its own.
Preservation requests go in writing, to the other driver and any company involved, and shouldn’t wait for a lawsuit to start.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.