How Georgia Public Records and Accident Reports Strengthen PI Claims

Government agencies in Georgia keep important records, such as police accident reports, 911 recordings, and municipal maintenance logs. A personal injury lawyer can use these records to make your personal injury claim much stronger.

Understanding what records are available, how to obtain them, and how they can support your case gives personal injury victims a significant advantage in pursuing justice. Below, we offer a closer look at Georgia’s public records and how accident reports, 911 recordings, and maintenance logs can play a decisive role in proving liability.

Georgia’s Open Records Act

Georgia’s Open Records Act (O.C.G.A. § 50-18-70) requires that most government records be available for public access. Georgia’s strong public policy favors open government and public access to information. This means any person, firm, corporation, or other entity may request these records and sue to enforce compliance with the Act’s provisions.

Some records, such as those related to ongoing criminal investigations, are exempt. However, in most cases, within three business days, agencies must provide records or provide a written timeline for when the records will be available. Knowing which records you can get and how to request them helps you collect important evidence quickly.

Police and accident reports

Police accident reports usually include important details such as:

• Date, time, and location of the incident
• Contact information for all involved in the accident
• Witness ID and statements, if possible
• Diagrams of the accident scene showing vehicle positions
• Officer observations about road conditions, weather, and contributing factors
• Citations issued to either party at the scene

Georgia Uniform Motor Vehicle Accident Reports have special access rules. To get a report, you need to meet statutory eligibility requirements. People who can request these reports include those injured in the accident, witnesses, insurance companies, attorneys, and others with a valid reason. If the Georgia State Patrol investigated the crash, you can request reports from the Department of Public Safety’s Open Records unit or use third-party online services.

911 recordings and dispatch records

Records of 911 calls made during an accident give real-time accounts of what happened, often while the situation is still unfolding. These recordings are valuable because they capture what people say right after the event, before they have a chance to change their story.

Georgia law generally allows access to 911 recordings and computer-aided dispatch (CAD) records under the Open Records Act, although portions may be redacted for privacy or investigative reasons. The Georgia Emergency Communications Authority says you can request these from the local agency that took the 911 call.

Injury lawyers often use 911 recordings to find important admissions. For example, in one case, a driver admits fault during a 911 call right after a crash, but gives a different story to the police later. The 911 recording can show what really happened.

How long 911 recordings and records are kept depends on the agency. Requesting these records quickly helps make sure you get them before they are deleted.

Traffic citations and body camera footage

If police give a driver a ticket at the scene of an accident, that ticket can be used as evidence relevant to fault. Records of the ticket and any court proceedings can help your claim. If the at-fault driver pleads guilty to a traffic violation from the crash, that admission can be used to support liability in a civil claim.

Many police departments in Georgia use body cameras and dashcams. These devices can capture the scene of the accident, what people say, the condition of the vehicles, and other important evidence. The Open Records Act may allow access to police in-car camera videos from closed cases to be made available to the public, subject to exemptions.

Municipal maintenance logs and inspection records

When accidents happen because of bad road conditions, broken traffic lights, or unsafe public property, government maintenance and inspection records are important.

These records can show if the authorities knew about a danger, how long it was there before it hurt someone, and what was (or wasn’t) done to fix it. Records of past accidents at the same place can also show that the authorities should have known that the area was dangerous and needed to be fixed.

How do these records strengthen your claim?

Public records can help your personal injury claim in several key ways, including, but not limited to:

• Verify fault by providing objective documentation
• Enable accident reconstruction through detailed information about the positions, conditions, and timing of an accident
• Reveal prior incidents or complaints establishing notice of dangerous conditions
• Demonstrate the strength of your evidence during settlement negotiations
• Provide admissible evidence for trial if litigation becomes necessary

When insurance adjusters see strong evidence in documents, they may be more likely to understand the real risk of liability. In these cases, it’s not uncommon for insurers to become more willing to offer a fair settlement.

Making effective open records requests

Successful public records requests are two-fold as they require both specificity about what you are seeking and specificity about which agency maintains the records. Requests should detail the incident by date and location, and they should also include the names of all parties involved.

Agencies must respond within three business days. Fees may apply for copies and staff time, although it’s not uncommon for the first 15 minutes of staff time to be free.

Different types of records have different retention periods. Georgia’s two-year statute of limitations for most personal injury claims creates another deadline. Building a strong case requires gathering all available evidence well before that deadline approaches.

Get help accessing critical records

Public records can give you the evidence you need to prove fault and receive fair compensation after an injury. An experienced injury lawyer is able to find the right records, request them from the government, and use the information to build a strong case.

If you’ve been injured in a Georgia accident and want help gathering evidence to support your claim, contact our firm for a consultation. Harris Lowry Manton LLP can evaluate your case, identify the public records that may be available, and pursue every avenue to strengthen your claim for compensation.