There are several ways to prove an accident was caused by someone texting while driving. These include eyewitness accounts, a driver’s own admission, the cell phone’s location in the car after the accident, and the driver’s cell phone records.
Drivers in Georgia are expected to give their full attention to the road. When they are instead looking at a cell phone, the scenery, other people in their car, or anything else, their behavior is considered distracted driving. A driver who is distracted is negligent and is liable for all the damage caused by the accident. Proving that someone was texting and driving can be the key to receiving a full payment for your injuries and the damage to your car.
Is texting and driving illegal in Georgia?
Yes, it is illegal for anyone to text and drive in Georgia. This includes reading or sending texts or emails. The law applies regardless of whether your car is in motion or is sitting at a stoplight.
In addition, it is illegal for bus drivers and people under the age of 18 to use cell phones at all behind the wheel. This includes phones that are on speaker or operate through a Bluetooth device. Other drivers are allowed to talk on the phone while driving, using either a hand-held or hands-free device.
Is there anything special I should do if I am in an accident with a driver who was texting?
Texting while driving can be hard to spot and easy to deny. If you think the other driver may have been texting, it is important to act quickly to create a record of what happened and gather whatever evidence you can. Of course, if you need emergency medical care you should look after yourself first. But if you are able, here are some things you can do:
- Call the police. Be sure to tell the officer that you believe the other driver was texting while driving. Your statement will go into the police report, and the officer may even give the other driver a citation or decide that they were at fault in the accident. The police report is the single most important piece of evidence in your insurance claim.
- Make a note of the exact time the accident occurred. If your lawyer obtains the other driver’s cell phone records, this will make it easier to link those records to the other driver’s behavior at the time of the accident.
- Ask the other driver if he or she was texting. Sometimes, out of shock, a driver admits to texting and driving. If this happens, be sure to tell the police officer so it can be included in the police report.
- Take photos. Get photos of the inside of the other driver’s car as soon as you can. The location of the cell phone may indicate that the other driver was using the phone when the accident happened. Also photograph the damage to the vehicles and the overall accident scene.
- Look for witnesses. Bystanders may have seen the driver looking down at a phone during or before the accident. Find out what they saw and get their names and phone numbers.
Finally, make a doctor’s appointment. Even if you didn’t need treatment at the scene, get an evaluation from a doctor. Early evaluation can make your recovery go more smoothly and make it easier to prove your injuries to the insurance company.
Do I need a lawyer to prove my case?
Without a lawyer, it can be hard to prove your case and recover money in an accident involving cell phone use. This is because your claim may come down to what you thought you saw vs. the other driver denying that they were texting. There may not be other witnesses to support your side of the story. And the other driver’s insurance company may even try to place the fault on you.
Cell phone records can confirm whether someone was texting at the time of the accident. A lawyer can subpoena these records, assemble other evidence, and build a convincing case that the other driver was negligent and must pay for your injuries.
Talk to an Atlanta Car Accident Lawyer for Free
Our lawyers have years of experience getting money for victims of texting and driving accidents. We never ask you to pay us unless we get money for you. Let us give you a FREE consultation to explain the law and show you what we can do for you. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.