Nearly 100 years ago, the great Supreme Court justice Louis Brandeis wrote “sunlight is said to be the best of disinfectants.” What he meant by this was that shining a light on the conduct of government was the best way to make sure government agencies and politicians operated honestly and properly maintained records. In keeping with this ideal, the federal government passed the Freedom of Information Act (FOIA) in 1967. “The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society.” Since this time, advocates for open government have succeeded in getting similar laws passed in all 50 states. Georgia’s version of the FOIA is called the Georgia Open Records Act and is found in The Official Code of Georgia § 50-18-70.
These laws not only encourage government to operate as it should, but they also ensure that members of the public have access to information they deserve to have access to. Under the law, records maintained by most government agencies or private companies carrying out government functions are open to the public and subject to inspection at a reasonable time and place. This can include personal injury victims that want to get information about their accident. The justification of the Georgia Open Records Act is described in its first section:
“The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records.”
Exceptions
There are a number of exceptions to the Georgia Open Records Act. In total, there are 20 exceptions that are not open for public inspection. These include medical records, confidential government information, and records of law enforcement. Georgia Uniform Motor Vehicle Accident Reports are an exception to the Georgia Open Records Act, except upon a written statement of need by the requesting party. However, the term “need” is defined broadly under the law; anyone with a personal connection to an auto accident is considered to have a legitimate need to see the accident report.
Using Public Records in Personal Injury Cases
The Georgia Open Records Act can be useful for plaintiffs in personal injury cases. Government records can often help to show whether a defendant or potential defendant in a case is liable. Thus, making requests under the Georgia Open Records Act is often one of the first investigatory steps to take following an accident. The law specifically says that auto accident reports are to be made available to a person that “was allegedly or actually injured by the accident.” The law also has a section that applies to anyone involved in any type of lawsuit against a government agency. It states:
“Requests by civil litigants for records that are sought as part of or for use in any ongoing civil or administrative litigation against an agency shall be made in writing and copied to counsel of record for that agency contemporaneously with their submission to that agency. The agency shall provide, at no cost, duplicate sets of all records produced in response to the request to counsel of record for that agency unless the counsel of record for that agency elects not to receive the records.”
For More Information, Contact Car Accident Attorney in Kennesaw
If you or a loved one has been injured in an accident, you should consult with an experienced personal injury attorney to better understand your legal rights and options. It is crucial for accident victims to gather evidence as soon as possible following an accident. The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia tort law, know how to thoroughly gather evidence in preparation of a personal injury lawsuit, and are dedicated to maximizing compensation for each of their clients. For more information or to discuss your case, contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.
