Georgia Personal Injury Law on Cell Phone Related Auto Accidents
While considerable evidence suggests that distracted driving poses a significant risk to public safety, the many dangers of cell phone use while driving remains poorly understood by the public and may be exacerbated. This absence of understanding perhaps reflects itself because more than 600,000 drivers are trying to use their phones without getting caught every day. Driving and texting compromise your safety, your passengers, and others you are sharing the road with.
There are strict laws regarding cell phone use in the city of Atlanta, Georgia. Suppose you have been injured by a driver who was texting and driving. In that case, it is essential to take steps to recover monetary damages for your medical expenses and pain and suffering.
To ensure that your claim is handled competently and correctly, you need the legal assistance of an experienced personal injury attorney, and we at the CEO Lawyer Personal Injury Law Firm are there at your disposal. Call us today at (833) 254-2923 to discuss your options for holding the responsible party accountable.
Texting while driving remains a severe problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), the leading cause of distracted driving motor vehicle collisions is due to texting while driving. Statistics show that thousands of car accidents and fatalities are a direct result of texting and driving. Although Georgia law does not explicitly prohibit a driver from texting, the law states that a driver is required to obey all driving rules and regulations.
Impact of Cell Phone Use
A person who uses their cell phone while driving is exacerbating the problem of inattentive driving. It’s one thing if a driver is simply distracted because they are driving in an unfamiliar area or thinking about the topic of a conversation but using a cell phone. At the same time, driving is an example of failing to pay proper attention while driving.
Driving while texting could lead to a serious accident, no matter how skilled you may be as a car driver. This can hurt or even kill people, cause significant property damage, and increase the risk of injury to the pedestrians, cyclists or motorists involved. Under a comparative negligence standard, a claimant could be partially or entirely at fault for a car accident and still recover compensation for their injuries. Depending on the jurisdiction, this could mean that you can collect some or all of the damages that you seek in your injury claim.
Hands-Free Law in Georgia
The Georgia Hands-Free Georgia Act went into effect on July 1st, 2018, and will punish offenders if they are caught using their cell phones while driving. The Act is considered an extension of the state’s distracted driving law, prohibiting text messaging behind the wheel. The law is intended to reduce the number of automobile accidents caused by drivers’ use of cell phones while driving. The fine for disregarding the new law is a hefty $150 and up to 3 points on the driver’s license.
Drivers are prohibited from using a wireless communications device to send, write or read a text-based communication while driving a motor vehicle unless the vehicle is stopped. However, the law does not prohibit drivers from using voice-to text-based technology to navigate, learn directions, or otherwise input information into their phones while driving.
While many argue that the Act will not be as helpful as it was first thought to be, statistics show that drivers ticketed under the law have decreased, and accident rates have dropped as well. While this is probably impossible to enforce, a hands-free law creates a culture of responsible and safe drivers. It is undoubtedly helpful in reducing the number of distracted drivers on the road.
Required Evidence
In the event of a car accident, you may want to consider getting a copy of your cell phone records. Getting the records of the cell phone company means that you will be able to get call data from the period before, during and after the accident. Federal law extends the power of search warrants to include cell phone data, including text messages, GPS information, call lists, and even voicemail contents. It is vital to obtain these records because they may be critical in getting compensation. Evidence from a cell phone can help prove who was at fault in a car accident.
Leveraging location information, investigators can establish the exact time the wreck took place. This will allow them to cross-reference this information with any activities conducted on the phone at that time. Police will scrutinize the location, time, and duration of the call, along with any text messages exchanged. They will also look at who was called or texted if data pertaining to the call was time-stamped on the GPS of the phone.
The 911 call also provides valuable details like what or who was involved in the accident. The caller may not have been the driver but a witness to the event that a dispatcher contacts. In addition to getting a time frame, you learn about what was going on at the time of the wreck. This can help you piece together what happened from many different perspectives.
Our experienced lawyers can subpoena phone records and cross-reference them with data from the car’s onboard computer. This will help to establish that the driver was operating their phone at the time of the incident or that they were distracted in some other way. Our dedicated personal injury attorneys will show you what you need to prove and how we can help you obtain maximum compensation for your injuries from the at-fault party.
Damages That Can Be Recovered in a Cell Phone Related Auto Accident
If you have suffered an injury in an accident, determining what damages you are entitled to recover is one of the first steps of the personal injury claim process. The extent to which you are compensated for any injuries or losses incurred as a result of an accident is highly dependent on the facts of your case.
Just because your injuries weren’t severe doesn’t mean you can’t recover damages in a car accident claim. Several factors can affect the value of your injury claim—including the extent and severity of your injuries as well as your financial losses as a result of those injuries. In general terms, damages resulting from a car accident claim include economic losses, non-economic losses, and punitive damages.
Damages recoverable in a car accident claim include paying for medical expenses, future income loss, pain and suffering, repairing car damage, scarring, all treatment costs, personal care costs or other out-of-pocket expenses or financial losses resulting from injuries sustained during the accident.
Determining Liability in a Cell Phone Related Auto Accident
A significant risk of using a cell phone while driving is that the driver’s visual attention is diverted away from driving. To prove that the defendant was legally responsible for the accident, the plaintiff must demonstrate that the defendant caused the accident and confirm that they were negligent. Negligence is a broad term that generally denotes conduct where a person fails to take reasonable care of their own or another person’s property or safety.
If you are involved in an auto accident, it is advisable to tell the responding police officer the actions taken by the other driver prior to the accident. One such activity that can help your case involves reporting whether or not you believe the other driver was on their cell phone. An accusation of texting and driving will most likely become part of the officer’s narrative if an independent witness to the accident supports the accusation.
After a claim has been submitted, a claims adjuster will be assigned to your lawsuit. The adjuster usually investigates the claim and determines a course of action based on the information presented. Unless you can actually prove it, the adjuster’s accusation is just an accusation. Keep in mind that you should avoid telling him anything that can incriminate you.
And this is where injury attorneys can help you. Distracted drivers are responsible for the damages they cause in an accident. You can receive compensation through a civil lawsuit that helps pay your medical bills, car repair, and pain and suffering. Don’t be a victim of cell phone distractions. The injury and accident attorneys at the CEO Lawyer Personal Injury Law Firm ensure that your personal situation is handled with care.
Legal Help is Here from Skilled and Experienced Personal Injury Attorneys at CEO Lawyer
Texting and driving are not only an extremely dangerous combination, but this distracted driving behavior can also lead to an unnecessary citations. If you are unfortunate enough to be involved in an accident where the other driver was texting, don’t allow yourself to become another statistic. Contact one of the auto accident lawyers of the CEO Lawyer Personal Injury Law Firm for legal representation today.
We have a long track record of successfully representing clients with injuries caused by cell phone use while driving. Call us for a free initial consultation before the statute of limitations runs out, and we can no longer pursue damages for your injuries. Each case is unique and handled with care. With nationwide experience in cases just like yours, we know precisely how to get you the compensation you deserve from the driver who hurt you.