Atlanta Distracted Driving Attorney | Georgia Distracted Driving Lawyer

Atlanta Distracted Driving Accident Injury Attorney

Atlanta Distracted Driving Injury Lawyer for Catastrophic Injury & Wrongful Death

Nowadays, there are more distractions for drivers than ever before. Between texting, talking on the phone, rubbernecking, and the various other distractions we are all subject to, the act of driving can become significantly more dangerous. Drivers who do not give proper attention to the road and their surroundings put themselves and others at risk.

When individuals have been injured as a result of a distracted driving accident in Georgia, we examine all the evidence to determine liability. In many cases of distracted driving accident negligence, the operator was texting or talking on the phone, causing them to drive recklessly.

Common Examples of Distractions While Driving

Examples of distraction behind the wheel include:

  • Sending a text message.
  • Talking on the phone.
  • Applying makeup.
  • Eating.
  • Checking your work email.
  • Changing the radio station.
  • Lighting a cigarette.
  • Using a navigation system.
  • Talking to a passenger.
  • Managing a pet in the car.

What Are Georgia’s Distracted Driving Laws?

As part of their duty to other drivers and pedestrians, the State of Georgia requires (O.C.G.A. §40-6-241) that all drivers must pay appropriate attention to their surroundings when operating their vehicles, prohibiting any activity that distracts the driver from safe operation.

Georgia’s distracted driving laws were further enhanced with the 2018 Hands-Free Georgia Act, O.C.G.A. § 40-6-241(b)(c)(d), which dictated new restrictions on cell phone use. Among the new provisions:

  • Drivers cannot have a phone in their hand – or even touching any part of their body – while talking on that phone and driving.
  • Motorists who opt for hands-free technology still can’t write, read, or send text messages or emails, nor may they utilize social media or internet sites while they’re on the road.
  • Drivers are expressly barred from watching videos while operating a vehicle, with exceptions for GPS or other navigational videos. While continuous dash cameras are allowed, the use of phones or other electronic devices to record while driving is not.
  • Motorists can listen to streaming music on their devices, so long as there aren’t videos displayed and they can’t touch the phone or activate those streaming music apps on their phone while driving. They will have to activate those apps before they get on the road. The law makes an exception for streaming music controlled by/listened through the vehicle radio.

Drivers who fail to exercise the required duty of care to pay attention to the road and their surroundings may be considered responsible. In order to hold another driver legally liable for your distracted driving accident injuries, you will generally be required to prove that the driver’s negligence, in some form, contributed to the cause of your injuries.

Proving Negligence and Causation in a Distracted Driving Lawsuit

There are a variety of factors that your attorney will examine to prove that the driver was acting negligently and that, as a result, you suffered an injury that could have been foreseeably prevented. While it is not always necessary for a victim to prove that the other driver was distracted in order to establish fault and gain compensation for your injuries, it does serve to strengthen your claim.

Collecting compelling supporting evidence is key to winning any Georgia personal injury case, and there are several forms of evidence that can be used to establish negligence in a distracted driving case. 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.
  • Expert accident analysis.

It is important that injured victims seek medical attention as soon as possible after a distracted driving crash, and that a detailed account of the incident and your injuries is taken so there is consistency across the crash report and your medical records. If you were suffering from pre-existing injuries at the time of the crash, inform the medical team of how the wreck caused further damage and pain to the area. These may be subject to special analysis that can uniquely affect your claim for damages.

Statute of Limitations For Distracted Driving Injuries

It is important to consider that 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 any legal action at all. It is essential to contact a personal injury attorney experienced in handling distracted driving cases to advocate on your behalf.

Damages and Compensation for Victims of Distracted Driver Injuries in Atlanta

Serious injuries can and do occur in Georgia distracted driving car wrecks. Victims may need extensive medical care, or even long-term care after the incident. Fortunately, by way of filing a civil lawsuit against the at-fault driver, you may be able to recover some of those losses, including:

  • Medical expenses, including emergency care and ongoing treatments.
  • Lost wages.
  • Reduced or loss of earning capacity.
  • Long term disability.
  • Property damage.
  • Pain and suffering, including emotional injuries.
  • Diminished quality of life.

If you or a loved one has been badly injured due to a distracted driver’s negligence and would like to discuss what possible damages you could recover, contact Apolinsky & Associates, LLC, for a case evaluation.

Types of Injuries Suffered in Distracted Driving Accidents

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    When back, neck, or disk injuries are sustained from a distracted driving accident, victims may be liable for compensation for emotional, physical, and financial damages suffered.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Traumatic brain injury (TBI) commonly result from car accidents caused by distracted drivers. If you have suffered a traumatic brain injury because of a distracted driver, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Broken bones commonly result from impacts caused by distracted driving accidents, and victims may face lengthy and expensive periods of medical care on the path to recovery. Victims of bone fractures caused by distracted driving should obtain legal counsel.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Victims of distracted driver accidents may suffer catastrophic burn injuries, resulting in scarring, life-long disabilities, and extreme financial losses. Because of the lifelong impact of burn injuries, we advise legal representation for financial recovery.

    Read More

  • Loss of Limb or Amputation Case Icon
    Loss of Limb or Amputation

    When an amputation results from a distracted driving accident, it may be possible for victims to successfully pursue financial compensation from the negligent or distracted driver.

    Read More

  • Paralysis Case Icon
    Paralysis

    Victims of injuries caused by a distracted driver resulting in paraplegia or quadriplegia will face substantial financial, emotional and physical hardships. If your injury was caused by a distracted driver, you may be liable for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Distracted driving accidents can lead to catastrophic spinal cord injuries with severe financial and emotional consequences. Victims of spinal cord injury caused by distracted driving should consult with an attorney.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Distracted driving car accidents that result in unexpected or wrongful death are devastating. If your family has suffered a wrongful death caused by a distracted driver, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

Types of Injuries Suffered in Distracted Driving Accidents

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    When back, neck, or disk injuries are sustained from a distracted driving accident, victims may be liable for compensation for emotional, physical, and financial damages suffered.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Traumatic brain injury (TBI) commonly result from car accidents caused by distracted drivers. If you have suffered a traumatic brain injury because of a distracted driver, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Broken bones commonly result from impacts caused by distracted driving accidents, and victims may face lengthy and expensive periods of medical care on the path to recovery. Victims of bone fractures caused by distracted driving should obtain legal counsel.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Victims of distracted driver accidents may suffer catastrophic burn injuries, resulting in scarring, life-long disabilities, and extreme financial losses. Because of the lifelong impact of burn injuries, we advise legal representation for financial recovery.

    Read More

  • Loss of Limb or Amputation Case Icon
    Loss of Limb or Amputation

    When an amputation results from a distracted driving accident, it may be possible for victims to successfully pursue financial compensation from the negligent or distracted driver.

    Read More

  • Paralysis Case Icon
    Paralysis

    Victims of injuries caused by a distracted driver resulting in paraplegia or quadriplegia will face substantial financial, emotional and physical hardships. If your injury was caused by a distracted driver, you may be liable for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Distracted driving accidents can lead to catastrophic spinal cord injuries with severe financial and emotional consequences. Victims of spinal cord injury caused by distracted driving should consult with an attorney.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Distracted driving car accidents that result in unexpected or wrongful death are devastating. If your family has suffered a wrongful death caused by a distracted driver, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

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Atlanta Distracted Driving Injury FAQs

How Dangerous Are Distracted Driving Accidents?

The National Safety Council estimates that driver distraction has killed tens of thousands of people just in the last few years. Unfortunately, the truth of exactly how many is unknown, due to the fact that these incidents are vastly undercounted. The primary reasons for this include that:

  • Distraction is difficult to observe and measure.
  • It involves fast-emerging entertainment technologies and advanced driver assistance systems.

These are the same factors that can make it difficult for an auto accident lawyer to establish crash liability based on the defendant driver’s distraction, though that may not always be necessary. For example, an at-fault driver runs a red light because they were texting and driving. Even if we cannot prove they were texting, running a red light itself is a violation of the law and evidence of failure to exercise appropriate caution when driving – so the case could be made without that element.

Can Injured Victims Also Be Held Legally Responsible in Distracted Driving Cases?

Yes, absolutely.

In the event that there is proof that the plaintiff (injured party) was texting and driving or equally distracted while the incident occurred, this could result in a comparative fault judgment in which the plaintiff/injured person was found to be at least partially responsible for the crash/severity of his or her injuries.

Comparative fault judgments will proportionately reduce the monetary damages to which a plaintiff is entitled – unless he or she is more than half at-fault, in which case they will be barred from collecting anything. Conversely, proof of a defendant’s distraction behind the wheel could diminish the effectiveness of any such defense.

When Do Georgia Distracted Driving Accident Victims Deserve Compensation?

Cases in which negligent car operators can be held responsible for another person’s injury include:

These are just some of the circumstances in which victims of distracted driving collisions may be able to pursue compensation.

To get a better understanding about the legality of your Atlanta distracted driving accident case, consult with Stephen Apolinsky to start examining your legal strategy.

What Is The Statute Of Limitations For Distracted Driving Accident Injury Claims?

According to the state of Georgia’s statute of limitations (GA Code § 9-3-33), victims of injuries caused by distracted driving accidents have just two years to bring personal injury claims forward. After those two years, a court will dismiss your claim.

Distracted driving accident victims will often have to deal with insurance after their accident and during the process of building their claim. Oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything. It is important to contact a lawyer experienced in handling insurance companies and who has previously represented injured victims of distracted driving accidents.