Were You Injured in a Distracted Driving Accident in Atlanta?

distracted driving accident atlanta georgia

When you get behind the wheel of your car, you have a legal duty to keep your full attention on the road. In return, every other driver on the highway owes this same legal obligation to you and your family. Sadly, far too many Atlanta drivers fail to live up to this basic responsibility.

Distracted driving is a major problem in the Atlanta metro area and throughout the United States. According to data from the United States Department of Transportation (USDOT), nearly 3,500 people are killed in distracted driving accidents every year. Many tens of thousands more sustain very severe injuries.

At Apolinsky & Associates, LLC, our Atlanta distracted driving accident attorneys are committed to fighting for the legal rights and financial interests of injured victims. We want to promote safer highways throughout our region. If you or a family member was severely injured in a distracted driving traffic crash, please do not delay in contacting a member of our law firm for immediate assistance with your case.

Common Examples of Distracted Driving

Distracted driving comes in a variety of different forms. Unfortunately, far too many Georgia drivers fail to live up to their duty to keep their full attention on the road. At Apolinsky & Associates, LLC, our founding attorney Stephen D. Apolinsky and our other highly qualified car accident lawyers have handled many different distracted driving accident cases, including cases involving virtually every different form of distracted driving. Some of the most common examples of distractions that lead to accidents include:

  • Putting on makeup in the mirror;
  • Reading while driving;
  • Eating or drinking while driving;
  • Using a GPS device while moving;
  • Talking on a cell phone;
  • Texting while driving; and
  • Becoming generally distracted or “lost in thought”.

Texting While Driving is a Growing Danger

It is worth noting that certain forms of distracted driving are especially harmful. In particular, the use of a handheld device while driving, including texting while driving, is extremely dangerous.

According to a recent study that was conducted by scientists at the Texas A&M Transportation Institute (TTI), the human brain has a so called ‘sixth sense’ that helps to correct drivers whose attention wanders after being exposed to a minor distraction. This sixth sense allows drivers to re-focus their attention relatively quickly. However, the act of texting while behind the wheel completely obliterates this sixth sense. TTI researchers found that texting while driving dramatically reduces driver performance, thereby increasing the risk of serious car accident.

Distracted Driving is Negligence

In Georgia, most car accident injury claims are brought under the state’s comparative fault statute (Ga. Code Ann. Sec. 51-12-33). In order to hold another driver legally liable for your traffic accident injuries, you will generally be required to prove that the driver’s negligence, in some form, contributed to causing your motor vehicle crash.

Distracted driving is, by definition, negligent driving. If your Atlanta car accident lawyer can prove that your wreck occurred because another driver was distracted, then you will likely be able to hold that inattentive driver responsible for the resulting injuries. Of course, this raises a very important question: How do injury victims actually prove that the other driver was distracted?

How to Prove Distracted Driving

Unfortunately, the driver who caused your accident is not always going to admit that they were ‘distracted’ at the time the crash occurred. They may not give all the relevant information to responding police officers or to the insurance companies. Indeed, in many cases, negligent drivers will omit material facts or even outright lie about the true cause of the crash.

To make matters even more confusing for injured victims, you may not even know whether or not the other driver was actually distracted. For example, a victim may not have been able to see the fact that the other driver had their cell phone in their lap and was texting with a friend when the collision occurred.

For this reason, it is critically important that traffic accident victims get an experienced Atlanta personal injury by their side as early on in the legal claims process as is possible. At Apolinsky & Associates, LLC, our skilled Georgia traffic accident lawyers will be able to conduct a comprehensive investigation of your claim, in order to determine whether or not another a distracted driver was responsible for the crash. Putting together compelling supporting evidence is the key to winning any Georgia personal injury case, and there are several forms of evidence that can be used to establish distracted driving. Some of the most notable examples include:

  • An admission by the other driver;
  • The responding police officer’s notes;
  • The official accident crash report;
  • Testimony from a witness;
  • Cell phone records;
  • Pictures or video; and
  • Expert accident analysis.

Auto Accident Victims Have Limited Time to Take Legal Action

If you were injured in an Atlanta distracted driving wreck, it is imperative that you take immediate action to protect your legal rights and financial interests. First and foremost, the state of Georgia has a two-year statute of limitations (Ga. Code Ann. Sec. 9-3-33) for most auto accident injury claims. In the event that an injured victim has not brought a lawsuit within two years of the date of the wreck, they may be time-barred from bringing legal action at all.

Additionally, a successful car accident injury claim requires strong supporting evidence. If action is not taken to preserve relevant evidence, the proof can quickly become difficult to track down. The best thing that you can do to protect yourself is to contact a qualified Fulton County distracted driving accident lawyer as soon as possible.

Victims Deserve Full Financial Compensation

If you were injured in a distracted driving accident in Georgia, you are entitled to seek financial compensation that is equal in value to the value of your damages. In legal parlance, this is often referred to as being made ‘whole’. Essentially, you have a right to be put back into the same position as you were in prior to the accident.

Unfortunately, the large insurance companies often make it incredibly difficult for distracted driving accident victims to get the full compensation that they deserve. This is where a top-rated Atlanta car accident lawyer like Stephen D. Apolinsky and the legal team at Apolinsky & Associates, LLC can help. Our experienced distracted driving accident lawyers can help you seek money for:

  • Vehicles repairs or replacement;
  • Emergency medical bills;
  • Other medical expenses;
  • Long-term disability;
  • Lost wages;
  • Diminished earning capacity;
  • Pain and suffering;
  • Mental distress;
  • Disfigurement; and
  • The wrongful death of a family member.

Contact Our Atlanta Distracted Driving Accident Attorneys Today

At Apolinsky & Associates, LLC, our Atlanta car accident attorneys have extensive experience handling distracted driving accidents. If you or a family member was injured in a crash with a distracted driver, you deserve full and fair compensation for your injuries. To get a free, no obligation review of your legal case, please contact our law firm today. From our offices in Atlanta and Decatur, we serve communities throughout the region, including in Fulton County, Dekalb County, Cobb County, and Clayton County.

The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC, or call (404) 377-9191.


About the Author

Stephen Apolinsky

Stephen D. Apolinsky is a Personal Injury Attorney who specializes in representing individuals and families concerning wrongful death and catastrophic injury cases. Stephen is licensed to practice in Georgia, Alabama, and the District of Columbia. With over 33 years of experience representing personal injury victims, Stephen has successfully tried over 80 cases to verdict before judges or juries, and has negotiated over 300 cases to out-of-court settlements. Stephen has been recognized as a Georgia Super Lawyer, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association.