Swift Currie Successfully Argues Before Supreme Court of Georgia That a Traffic Violation Alone Is Not Evidence of Bad Faith Under O.C.G.A. § 13-6-11

In a significant ruling from the Supreme Court of Georgia, the defense team successfully overturned a Georgia Court of Appeals decision in a case stemming from a rear-end automobile collision. The plaintiff had sought attorneys’ fees and costs under O.C.G.A. § 13-6-11, arguing the defendant’s violation of traffic laws constituted bad faith.

However, the Supreme Court of Georgia ruled in favor of the defense, holding a traffic violation alone is insufficient to establish bad faith for the purpose of awarding attorneys’ fees and costs. This decision clarifies the legal standard for bad faith claims and limits the expansion of liability under O.C.G.A. § 13-6-11 in automobile accident cases.

Swift Currie attorneys Brad Wolff, Melissa Segel and Kelly Chartash successfully defended the case, securing an important precedent for future litigation.