Distracted driving is a leading cause of car accidents across the country. If you or a loved one has been injured in a car accident caused by a distracted driver in Atlanta, don’t navigate this challenging time alone.
At GMV Law Group, our experienced Atlanta car accident attorneys have extensive experience representing victims of distracted driving accidents. We are committed to holding negligent drivers accountable and securing the maximum compensation for your injuries and damages.
GMV Law Group is your trusted partner when you need an Atlanta distracted driving lawyer. Contact us today at 404-975-4878 for a free consultation.
What Is Distracted Driving?
Distracted driving means any behavior that takes a person’s attention off the road. There are three main types of distracted driving.
Visual distractions take the driver’s eyes off the road. Examples include checking the navigation system, looking for items on the floor of the vehicle, and reading text messages.
Manual distractions cause you to remove your hands from the wheel. These types of distractions include eating food, applying makeup, adjusting the radio, and texting.
Cognitive distractions make paying attention to driving more challenging. Instead of being fully focused on driving, a person may be thinking about a stressful day at work or talking to passengers. Fatigue, road rage, and driving under the influence all affect focus and concentration.
Distracted Driving Dangers
According to the NHTSA, 3,308 people were killed in motor vehicle accidents involving distracted drivers in 2022. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.
According to the CDC, about 3,000 people die in crashes involving distracted drivers each year.
What Is the Texting and Driving Law in Georgia?
Cell phone use is the most common type of distracted driving. Georgia’s Hands-Free Law is designed to combat this issue. The law prohibits texting while driving, except for voice text. It also forbids having a phone in your hand or touching any part of the body while driving.
Here are some key aspects of the Hands-Free Law:
- School bus drivers and drivers under 18 are prohibited from using cell phones.
- Drivers cannot read, write, or send text messages while driving (voice-to-text is allowed).
- It is illegal to read or send emails while driving.
- Reading or making social media posts while driving is prohibited.
- Drivers cannot watch videos when they are on the road. (Navigational/GPS videos are allowed)
- Drivers cannot use their phones or electronic devices to record video when they are on the road. (Continuously running dash cams are allowed)
The penalty for a first conviction is $50 and 1 driver’s license point. The penalty for a second offense is 2 points on your driver’s license plus a $100 fine if the second conviction occurs within 24 months of the first conviction. A third or subsequent conviction is 3 license points plus a $150 fine if the offense took place within 24 months of the first conviction.
How Can an Atlanta Distracted Driving Lawyer Help Victims?
An Atlanta distracted driving accident lawyer can be your most valuable ally in seeking justice and compensation. The legal process can be complex, but a skilled personal injury attorney will guide you through each step.
Building a Case Against the Distracted Driver
The first step in pursuing a claim is building a solid case against the at-fault driver. Your personal injury attorney will conduct a thorough investigation to gather evidence proving that the distracted driver was responsible for the accident. This evidence may include:
- The accident report detailing the crash and identifying the at-fault driver.
- Eyewitness testimonies from those who saw the distracted driver’s behavior.
- Video footage from nearby cameras.
- Cell phone records to confirm the distracted driver was using their phone at the time of the crash.
By meticulously compiling this evidence, your attorney can establish a clear link between the distracted driver’s actions and your injuries, demonstrating the other party’s negligence.
Settlement Negotiation
Your personal injury attorney will engage in settlement negotiations with the distracted driver’s insurance company. Insurance companies often attempt to minimize payouts, but your attorney will advocate fiercely on your behalf to ensure you receive fair compensation.
Representation in a Lawsuit
If a fair settlement cannot be reached through negotiations, your car accident attorney will prepare to take your case to court. Representation in a lawsuit involves several key steps:
- Filing a complaint: Your attorney will file a legal complaint against the at-fault driver, outlining your case and the damages you are seeking.
- Discovery process: Both parties will exchange information and evidence. Your attorney will depose witnesses, including the distracted driver, and gather further evidence to strengthen your case.
- Trial: Your attorney will present your case in court, arguing on your behalf and presenting the evidence gathered to prove the distracted driver’s negligence.
Compensation for Distracted Driving Accidents in Atlanta, GA
Victims of distracted driver accidents can seek various types of compensation to cover their losses and aid in their recovery. These compensations typically include:
- Medical bills: Costs for hospital stays, surgeries, medications, rehabilitation, and any ongoing medical care.
- Lost wages: Compensation for income lost due to time off work while recovering from the accident.
- Pain and suffering: Damages for the physical pain and emotional distress caused by the accident and injuries.
- Property damage: Costs for repairing or replacing the vehicle and any other property damaged in the accident.
- Other out-of-pocket expenses: Additional costs incurred due to the accident, such as transportation for medical appointments or modifications to the home.
Distracted Driving Crash FAQs
How Does a Lawyer Prove the Other Driver Was Distracted?
Personal injury attorneys may utilize several types of evidence to demonstrate the at-fault driver was distracted, including the following.
- Police Report: Law enforcement officers often note if they suspect a driver was distracted in the official accident report.
- Witness Testimony: Witnesses who saw the accident can offer firsthand accounts of the distracted behavior.
- Phone Records: By obtaining phone records through a subpoena, a lawyer can determine if the driver was texting, calling, or using apps at the time of the accident.
- Vehicle Data: Modern vehicles are often equipped with event data recorders (EDRs) or “black boxes” that can provide information about the car’s speed, braking patterns, and other behaviors just before the crash. This data can help show erratic driving or sudden stops consistent with distracted behavior.
- Camera Footage: In some cases, nearby traffic cameras, security cameras from businesses, or dash cams can provide footage of the accident.
- The Driver’s Record: A lawyer may subpoena the driver’s motor vehicle record to check for a history of distracted driving and other traffic violations.
How Long Do I Have to File a Lawsuit in Georgia?
The statute of limitations generally gives you two years after a car accident to file a personal injury lawsuit. It’s important to reach out to a distracted driving accident attorney as soon as possible to preserve important evidence.
How Much Does a Distracted Driving Accident Lawyer Cost?
Like most distracted driving accident lawyers, our firm operates on a contingency fee basis. This means that you do not have to pay any upfront fees or hourly rates. Instead, your lawyer will receive a percentage of the settlement or court award if they successfully recover compensation for you.
If your case is not successful, you owe nothing in legal fees.
Call a Distracted Driving Accident Lawyer in Atlanta Today!
Navigating the aftermath of an accident caused by a distracted driver can be overwhelming, but you don’t have to face it alone. An experienced Atlanta distracted driving lawyer from GMV Law Group will build a compelling case, negotiate assertively with the distracted driver’s insurance company, and provide dedicated representation in a lawsuit if necessary.
With the expertise of our legal team, you can focus on your recovery while we fight for the justice and compensation you deserve. Contact us for a free consultation today by calling 404-975-4878 or using our online form!
