Atlanta Distracted Driving Accident Lawyer

In Atlanta, distracted driving has become a serious concern. As you navigate the city’s bustling streets, it’s crucial to be on the lookout for distracted drivers — as well as understand your rights if you find yourself the victim of a distracted driving accident.

From texting behind the wheel to fiddling with the GPS, we’ll explore what actually qualifies as ‘distracted driving’ and touch on the local laws and regulations that govern it.

So, whether you’re a first-time client seeking clarity on the issue or the victim of a serious distracted driving accident, don’t hesitate to reach out to our team. At the CEO Lawyer Personal Injury Law Firm, we’re here to protect your rights and can help you secure any compensation you may be owed after an incident with a distracted driver.

To reach out to our team, simply call 833-254-2923 or use this link. From there, we can help you schedule a free, confidential case evaluation — with no obligation required.

How Can an Atlanta Distracted Driving Accident Attorney Help Me?

After an accident with a distracted driver, you’ll need to meet with an attorney to determine the strength of your case. An experienced Atlanta distracted driving lawyer can examine the nature of your accident to understand any amount of negligence (and liability) on both your and the other party’s behalf.

This will help your attorney form the foundation of your legal strategy. From there, they’ll work with you to gather all the information (and documents) you’ll need to properly file your claim and build the strongest claim possible.

Additionally, when it comes time to negotiate with the relevant insurance company, you’re going to want to have an Atlanta car accident attorney by your side. They’ll advocate on your behalf and make sure that the insurance provider does not take advantage of your situation.

Your personal injury lawyer in Atlanta will also work tirelessly to help secure a fair settlement that covers your medical expenses, property damage, and any pain and suffering you may have endured

How Prevalent Is Distracted Driving?

Distracted driving has continued to snowball into a bigger and bigger issue across Atlanta.

In 2022, Emory University’s Injury Prevention Research Center found that nearly 18% of drivers in metro Atlanta were distracted while driving. Across the rest of the state, that number steered closer to 13%.

Similarly, the Georgia Governor’s Office of Highway Safety recently reported that 47% of crashes across the state were caused by or related to distractions. That means that out of 603,948 drivers involved in car accidents, nearly half were suspected to have been distracted.

What Counts as Distracted Driving?

With distracted driving remaining a near-constant problem on the road, it’s important to boil the term down to certain behaviors. Let’s begin by looking at the different types of distractions and then work through some of the most common examples of distracted driving.

Typically, we expect distractions to be either visual, manual, or cognitive.

• Visual Distractions: These distractions pull a driver’s eyes from the road. Examples include looking at a smartphone, checking a GPS display, or gazing at a roadside attraction.
• Manual Distractions: Manual distractions involve actions that take a driver’s hands off the steering wheel. Common examples include texting, eating, adjusting the radio, or reaching for objects within the vehicle.
• Cognitive Distractions: Cognitive distractions occur when a driver’s mind wanders away from the task of driving. Daydreaming, talking on the phone, or simply engaging in a deep conversation with another passenger can all qualify as cognitive distractions.

Additionally, it’s worth noting that reports of distracted driving are also likely higher in Atlanta than in other parts of the state because of certain risk factors. For example, thanks to urban congestion, Atlanta’s bustling sidewalks and city roads can make drivers more frustrated and lead them to drive more impatiently — as well as cause added distractions.

Similarly, the city’s stop-and-go traffic can tempt drivers to engage in distracting behaviors like texting or eating, and increasing reliance on technology can also make drivers feel more comfortable reaching for their smartphones, even when they should be focusing on the road.

Distracted Driving Laws in Atlanta

In Atlanta, certain laws and legal guidelines aim to reduce the risk of accidents caused by distracted driving. However, they also offer legal recourse for those who have already been affected by the consequences of distracted driving.

Depending on the specifics of your accident, your attorney may decide to tap into additional legal codes, laws, or regulations to ensure you can hold the offending party liable. That said, in most situations where the distracted driver was using their phone (or another electronic device), they’ll want to use Georgia’s Hands-Free Law to hold them accountable.

Georgia’s Hands-Free Law

Georgia’s Hands-Free Law was signed into law on May 2, 2018. It went into effect on July 1, 2018, and ultimately aimed to restrict a driver’s right to use electronics while on the road.

Some of its most important provisions include:

• No Texting While Driving: It is illegal for drivers to write, send, or read text messages or emails while operating a vehicle. This includes using instant messaging apps and browsing the internet.
• Hands-Free Requirement: Drivers are required to use hands-free technology for phone calls, meaning they must use devices like Bluetooth headsets, earpieces, or in-car systems to make calls or use voice commands.
• GPS Usage: GPS and navigation systems can be used, but drivers must set their destination before starting the journey and are not allowed to manually enter locations while driving.

If a driver defies this law, their first penalty will carry a $50 fine and add one ‘point’ to their driver’s license. From there, the second account will come with a $100 fine (and two points), and the third will carry a $150 fine and three points.

The Legal Ramifications of Distracted Driving

It’s important for both victims seeking justice and drivers who may be held liable to understand the full legal ramifications that come with distracted driving.

In any case, this will begin with establishing liability and proving negligence.

Establishing Driver Responsibility

By establishing each driver’s ‘responsibility’ in the accident, you can get closer to defining who is liable for the accident. In some cases, it may seem immediately clear who is at fault (or liable) for the accident.

However, even in these situations, to hold a distracted driver accountable, you’ll need to demonstrate the following elements:

• Duty of Care: Drivers have a duty to operate their vehicles safely and responsibly, free from distractions.
• Breach of Duty: The distracted driver breached this duty by engaging in distracting activities.
• Causation: The distracted driver’s actions directly caused or contributed to the accident.
• Damages: The accident resulted in measurable damages, such as injuries or property damage.

So, in effect, if you can prove the distracted driver’s breach of duty caused the accident and link this directly to the damages you incurred, you’ll be able to build a strong claim — and hold them accountable.

To do so, you’ll need to gather as much evidence as possible. Compelling evidence can include:

• Witness Statements: Eyewitness accounts can provide essential details about the distracted driver’s behavior.
• Cell Phone Records: Phone records can confirm whether the driver was texting or making a call at the time of the accident.
• Surveillance Footage: Surveillance cameras, if available, may have captured the accident — and the driver’s distracted behavior.
• Accident Reconstruction: Experts can reconstruct the accident to illustrate how distractions played a role. Your attorney can help connect you with the experts you’ll need to build a compelling reconstruction.

Collecting this evidence can help you build a strong case, but it’s also important to start compiling evidence right from the get-go. Immediately after the accident, make sure to seek (and document) any required medical care so you can link any listing injuries back to the accident.

Of course, you’ll also want to file a police report so you can file the objective, third-party account along with your claim. If you can, do your best to photograph the scene and document any additional factors (like the weather, time of day, or road conditions) that may have impacted the accident.

What if I’ve Been Accused of Distracted Driving?

If you’ve been accused of distracted driving, you’ll need to take the situation seriously.

First, you’ll want to consult with an experienced attorney who specializes in traffic violations and distracted driving cases. They can provide strong legal advice on the steps and represent your interests throughout the process.

Next, gather all relevant evidence that may support your defense. This could include phone records, eyewitness statements, or any other evidence showing that you were not engaged in distracted behavior at the time of the alleged incident.

Be prepared to engage with law enforcement and the legal system. This may involve attending court hearings, presenting your evidence, and cooperating with any investigations.

Ultimately, the outcome of your case will depend on the specific circumstances and the strength of your defense. An attorney can guide you through the legal process, help you understand your rights, and work to minimize any potential consequences, such as fines or points on your driving record.

Reach Out to an Atlanta Distracted Driving Accident Law Firm

If you’re looking for a law firm that specializes in distracted driving claims, reach out to the CEO Lawyer Personal Injury Law Firm today. Our team can help you go over all the details of your case to ensure you’re building the strongest claim possible right from the start.

To reach out to our team, simply call 833-254-2923 or use this link. From there, we can help you schedule a free, confidential case evaluation — with no obligation required.