While driving in Atlanta, you’ve probably seen people distracted in their cars. Maybe they were texting, putting on makeup, or eating while driving. Any of these diversions can be dangerous. If you suffered injuries because of a distracted driver, contact an Atlanta distracted driving accident lawyer today.
When drivers take their attention off of the road, it’s unsafe for everyone. If one of those drivers causes your accident, they are responsible for your damages. Our car accident lawyers can help you fight for the compensation you deserve.
We’ve been helping accident victims for over 20 years. Our lawyers will not charge you a fee unless we win your case. To schedule your FREE consultation, call (404) 341-6555, or contact us online.
Driver Distraction Is a Huge Problem in Atlanta
People are more distracted than ever before. With cell phones, GPS systems, streaming music, and more, distractions follow us into our vehicles. Unfortunately, some drivers continue to use these devices even while driving a car.
According to the Governors Highway Safety Association (GHSA), there were 2,841 deaths from distracted-affected accidents in 2018. Distracted driving fatalities made up 7.8% of total accident deaths. There’s no doubt that distracted drivers are putting everyone on the roads at risk.
If you were the victim of a distracted driving accident, you have a right to financial recovery. Talk to an Atlanta distracted driving accident lawyer for help today.
How to Know if You Have a Distracted Driving Claim
If the at-fault driver in your accident had their attention off the road, you probably have a claim. To have a successful personal injury claim, you must prove that:
- The driver owed you a duty of care,
- The driver did not uphold their duty of care,
- The driver’s carelessness caused your accident, and
- You suffered injuries from the accident.
All drivers must be careful on Atlanta roads. That includes keeping attention on the road at all times. If someone drives while distracted, they are failing in their legal duty to others. In other words, the driver has been negligent.
Negligence is key to personal injury claims. If you can show that the driver’s negligence caused your accident and injuries, they are legally liable. You can file an injury claim with the driver’s insurance company.
If you’re still not sure if you have a case, contact an experienced lawyer to evaluate your case. Our car accident lawyers will give you a FREE consultation to go over the details. To get your FREE consultation now, call us at (404) 341-6555, or contact us online.
Types of Distracted Driving in Atlanta
The most common type of distracted driving is texting while driving. However, there are many different ways someone can distract themselves from the road. Examples of distracted driving can include:
- Talking on the phone
- Eating or drinking
- Talking to passengers
- Tending to small children or pets
- Watching videos
- Adjusting the radio
- Changing something on the car console
- Grooming or putting on makeup
Daydreaming can even lead to dangerous distractions. It’s vital that a driver keep their attention fully on the road while driving. Distractions can wait until the person is no longer operating a motor vehicle.
According to the Centers for Disease Control and Prevention (CDC), there are three types of distractions:
- Visual distractions that take your eyes off the road,
- Manual distractions that take your hands off the wheel, and
- Cognitive distractions that take your attention off of driving.
Many types of distractions combine all three of the above categories. However, even one type of distraction is too much to be safe for driving.
If you suspect the at-fault driver in your accident was distracted, don’t wait to get help. Contact an Atlanta distracted driving accident lawyer for help. Your lawyer can begin gathering evidence of the driver’s negligence.
Evidence and memories can fade quickly. It’s best to start working on your case while everything is fresh. Thankfully, your lawyer can handle the “dirty work” while you focus on healing from your injuries. If you take legal action, lawyers might ask for your deposition. Attorneys involved in the case will ask you questions about the crash, which you must answer under oath. Typically the legal teams involved in the case will prepare a transcript, which might be used by either party further down the line. What happens after a deposition is given depends on how the case proceeds.
Georgia Laws for Distracted Driving
Many states have passed laws to help prevent texting while driving and other types of cell phone use. Georgia is one of those states.
Under Georgia’s hands-free laws, drivers cannot do any of the following:
- Hold or support a wireless telecommunications device or electronic device with any part of their body
- Write, send, or read any text-based message (including texts, instant messages, social media, and email)
- Watch, broadcast, or record a movie or video
Drivers can still talk on the phone if they use a hands-free device. Some people argue that even hands-free devices can be distracting while driving.
Violating the hands-free law is a traffic violation. If the at-fault driver got a ticket for texting while driving, it can help your case. You can show that the driver was engaging in distracting behavior before they crashed into you.
Proving the Other Driver Was Distracted
Proving that someone was distracted while driving is not always easy. You’ll need to gather evidence to help support your claim. Here are some pieces of evidence that can help you:
- A copy of the police report
- Statements from witnesses to the accident (or the driver’s behavior)
- Pictures or videos from the accident scene
- Footage from any nearby traffic cameras
Your lawyer might also hire experts to reconstruct the accident and show how the driver was distracted right before the crash.
After the accident, you should call 911 to report it to the police. When the police arrive, tell them that you noticed the driver was distracted. Officers can question the other driver about their behavior. They might also mention the distraction in their report.
What Happens if You Are Sued After a Car Crash
If you were involved in a collision, you might be wondering what happens when someone sues you after a car accident. The first thing you should do is get legal representation. A lawyer will protect your rights and offer valuable guidance throughout the proceeding.
In most cases, the insurance company can handle the claim filed against you, as long as you are insured. If you encounter any problems with a reluctant insurance agent let your attorney take over, as they have experience negotiating.
If someone files a car accident lawsuit against you, the most likely scenario is that the case will be settled before trial. It helps to have a skilled lawyer on your side to help settle before things escalate. However, if your suit does go to trial and you lose, your insurance company should cover the compensation owed up to your policy limits.
Talk to an Atlanta Distracted Driving Accident Lawyer for Free Today
You should not have to pay for a distracted driver’s negligence. Get an experienced distracted driving accident lawyer who can help you build a strong case. There are no upfront costs and no fee unless you win.
To schedule a FREE consultation with one of our experienced lawyers, call (404) 341-6555, or contact us online. We’re here to help you seek the fullest compensation possible.
