Georgia Statute of Limitations Extended for Car Accident Cases by Supreme Court
In a move that stunned Atlanta car accident lawyers, the Georgia Supreme Court in Beneke v. Parker held today that for injury cases stemming from the commission of a crime including traffic violations, the statute of limitations is tolled from the date of the accident until the traffic citation is resolved.
Typically, a victim only has two years from the date of the car accident to file suit. The Georgia statute of limitations on injury claims is extremely strict, with only rare exceptions. This ruling is a drastic deviation.
This case stemmed from a car accident where the lawyers filed the suit more than two years after the Georgia statute of limitations on injury cases. The trial judge threw the case out but now the Georgia Supreme Court has ruled that the two years is extended by the same amount of time as passed between the commission of the crime and the resolution of the ticket.
They reviewed OCGA 9-3-99, which provides in part that:
"[t]he running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years."
I am sure the legislature will take away this victory this coming year, but for now, this is a huge victory for the consumer. Click below to read the text of the decision.
