Cell Phone Related Car Accidents and Georgia Legal Implications (PDF)
If you have been injured by a driver who was texting and driving, it is crucial to take legal action to get compensation for your medical costs and pain.
Texting while driving remains a serious problem in the United States. According to the National Highway Traffic Safety Administration, the leading cause of distracted driving car accidents is due to texting while driving. Thousands of fatalities have been attributed to this activity, and although Georgia law does not explicitly prohibit a driver from texting, it does require drivers to obey all driving rules and regulations when they’re on the road.
The Impact Caused by Cell While Driving
Cell phone use while driving exacerbates the problem of inattentive driving. If a driver is just distracted from driving in an unfamiliar area or because they’re thinking about a topic they’re discussing, that’s not as bad as using a cell phone while driving. But it’s still not good, as it means someone is failing to pay proper attention while doing something that requires significant attention.
If you text while driving, you could cause a serious accident. Regardless of how skilled you are as a driver, texting affects your ability to drive and increases your chances of having an accident. Unfortunately, if that happens, the injuries you caused or had to endure due to your car accident will be much worse than they would have been without texting. When New York City-based personal injury attorneys take on a case, they start by asking their clients these crucial questions: “What were you doing at the time of the crash?” and “Do you know whether your actions contributed to this crash?”
Hand-Free Law
The state of Georgia’s Hands-Free Georgia Act went into effect on July 1, 2018, and will punish offenders who use their cell phones while driving. The Act is considered an extension of the state’s distracted driving law which prohibits drivers from texting while behind the wheel.
This new law is intended to reduce the number of car accidents that are caused by drivers using their phones while driving. Those who disobey this new law face a hefty $150 fine and 3 points on their driver’s license.
Drivers are prohibited from using wireless communication services to send, write, or read text-based communications while driving unless the vehicle is stopped. However, the law does allow drivers to use voice-to-text technology to navigate, learn directions, and input information into their phones while they’re behind the wheel.
A lot of people are criticizing the Act, saying it will have little consequence. However, statistics show that drivers ticketed under this law have decreased – and so have accident rates. This is undoubtedly helpful in reducing the number of distracted drivers on the road. While this might not be enforceable, a hands-free law creates a culture of responsible and safe drivers.
Evidence Required
If you had a car accident and want to file a claim, getting your cell phone records could be helpful. You can get information on the period before, during and after the accident by finding out what the cell phone company has available. Federal law allows police search warrants to include information from cell phones, including text messages, GPS locations, call lists, and even voicemail contents. It is vital to get these records because they may be critical in getting compensation. Evidence gathered with these records could help prove who was at fault in the accident.
There is also data that could be available from an in-car wreck. Investigators can determine the exact time of the crash, as well as what was happening on the phone at that time. The SMS messages and call history will all be scrutinized by the police. They will also look at who was called or texted if data pertaining to the call was programmed into the GPS of the cell phone.
911 call transcripts provide valuable information, like what or who was involved in the accident. The caller may not have been the driver; they may have seen something and contacted the dispatcher. Besides getting a time frame, you get important details about what was happening at the time of the wreck. This can help you piece out other things that were going on during the accident from many different perspectives.
Our experienced attorneys can subpoena phone records and use them to cross-reference data from the car’s computer. This will show what was on a driver’s phone at the time of the incident. Hiring our personal injury team will fast-track your case and help you get what you deserve – the maximum compensation for your injuries, with no obligation on your end.
What you Can Claim When Involved In a Cell Phone Related Car 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.
When you’re in a car accident, even with mild injuries, it doesn’t mean that you won’t be able to get damages. Injuries aren’t just physical – they can also affect your finances. To find out about the different types of damages and how much compensation you are entitled to, keep reading.
Damages that can be recovered in a car accident claim include medical expenses, future income loss, pain and suffering, repairing car damage, scarring, ALL out-of-pocket costs from the injury, and any other financial losses incurred.
Liability
One of the significant risks of using a cell phone while driving is that drivers are distracted from their surroundings. To prove that the defendant was legally responsible for the car accident, the plaintiff must demonstrate that they were negligent and prove that they caused the crash. Negligence is a broad term that generally refers to when someone fails to take reasonable care of their property or another person’s safety.
If you are involved in an auto accident, it is recommended to tell the responding police officer what actions were taken by the other driver before the accident. One such action 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.
If you submit a claim, an adjuster will be assigned to your case. He will usually investigate the claim, based on the information that he receives. The adjuster’s opinion is just a suspicion unless you can prove it. Keep in mind that you should avoid telling him anything that could incriminate you, as this may interfere with your suit.
If you were the victim of a distracted driver, it may not be your fault. These drivers are responsible for any damages they cause in an accident. Luckily, attorneys can help you figure out how to pursue compensation through a civil lawsuit. Your case may also cover medical bills, car repair, and pain and suffering so that you can get on the road to recovery. Let our experienced lawyers handle your personal injury or accident situation with care.
If you’re in need of legal help, ATLINJ can provide skilled and experienced representation for personal injury cases.
Texting and driving is not only an extremely dangerous combination, but it can also lead to unnecessary citations. If you happen to be involved in an accident where the other driver was texting, don’t allow yourself to be another statistic. Contact one of the ATLINJ lawyers for legal representation.
If you’ve been injured in a car accident caused by cell phone use, call us for a free initial consultation and we’ll do everything within the law to get you the compensation you deserve. Our experienced nationwide attorneys know, precisely how to help your case stand out.
