While other states have some “gray areas” concerning texting and driving and how these are applied in traffic laws, Georgia’s stance on texting and driving is strict and specific. If you have been involved in an accident caused by a careless driver who is texting, call a Herro Law car accident lawyer today.
Accidents can happen in a blink of an eye, but their consequences can last a lifetime. Don’t trust your luck in collecting from insurance providers, call a professional Gwinnett texting and driving accident lawyer to calculate your damages and ensure you are properly compensated. Call (404) 433-6876 and arrange a free case examination with Herro Law today!
Georgia’s Hands-Free Law and What It Means for Drivers
Since July the 1st, 2018, Georgia changed its law related to cell phone use while driving a car. The previous law only made “texting and driving” illegal, the new “hands-free” law now prohibits the use of a phone while behind the wheel of a vehicle — unless the vehicle is parked.
Furthermore, in other states, these laws only apply to specific drivers, like teenagers. In Georgia, the laws that prohibit the use of phones while behind the wheel of a vehicle are the same for all motorists no matter their age.
Georgia’s Texting and Driving Laws
Drivers are not allowed to have a cell phone touching any part of their body. This includes placing it on their lap, placing it between the shoulder and ear, or operating the phone with fingers while they are behind the wheel of a car. If calls are to be made, they must be done on a hands-free device.
Reading or posting to social media is also illegal while drivers are on the road.
Reading, sending, or writing emails or text messages while driving is illegal.
Drivers are not allowed to touch their cell phones for any reason while on the road.
Recording and watching videos are also forbidden.
Making a web search while driving is not allowed.
It is important to note that these laws apply whether the driver is at a stop sign or red light, or if they are in motion on the roads. But there are a few exceptions to the rule. For example
If the vehicle is parked, the driver behind the wheel can still use their device.
If the video use is part of GPS navigation, it is permitted.
Streaming, music, volume, control, and even text messaging can still be done so long as all commands are voice commands and the driver does not touch the phone.
How Can Texting Affect Driving?
Texting and driving are one of the most dangerous forms of reckless endangerment. The experts have stated it is even more dangerous than drunk driving. Did you know that for a single text message to be sent, the attention of the drivers is removed from the task of navigating the roads for a full 5 minutes? Which is more than enough to cause a serious accident.
You probably figured that texting while driving is a pretty bad idea, but did you know that distracted driving caused injuries to over 400,000 people in 2018? Drivers between the ages of 16 and 24 are the most likely to use their devices while driving. With such staggering statistics, motorists must always be on the lookout for these careless drivers.
How Can I Prove that the Other Driver Was Texting?
If you have been involved in an accident caused by a driver who was texting behind the wheel of their car, it will be important to prove this point. Here are some ways this can be accomplished:
Other Eyewitnesses
You are not the only driver on the lookout for reckless drivers. Anyone who has friends and family moving about on the roads and freeways cares about this too. If you noticed that the other driver was texting at the moment of the accident there is a good chance that someone else also witnessed this and can provide testimony to this effect. Make sure you collect contact information and names from any witnesses in the area.
The Car’s Black Box
Modern automobiles are equipped with a data recorder. This device will be monitoring and record things like the speed of the car, the drops in speed, the pressure applied to the braking system, drifting, and a host of other details that can confirm or deny the driver was texting at the time of the accident. But to access this information, you will need a subpoena — for this, you will need a lawyer to handle these particulars.
Cell Phone Provider Records
Perhaps the most definitive piece of evidence would be the cell phone records of the other driver. Cell phone records can prove or disprove the testimony of an eyewitness or EDR reports. Again, this information will require a subpoena and this requires some legal work.
Why Do I Need a Lawyer?
At Herro Law, we fully understand how stressful a texting accident can be. Typically, the other driver will deny they were on their phone at the time of the accident and the insurance providers will believe them. Here is how an experienced texting and driving lawyer from Herro Law can help you and add value to your case.
File a Claim and Build a Case
It takes experience and attention to detail to properly build texting while driving cases. For example, the opposition may need to be served a subpoena for specific records and this is no simple task. An experienced lawyer has the skills and experience to build a strong case and ensure all legal details are addressed.
Negotiations
It is in the interest of both parties to settle the issues out of court, but the negotiations that will lead to a resolution can be fierce. Our experienced team of texting and driving accident lawyers will fight tenaciously for your rights to compensation.
Court case
If no resolution can be found in negotiations, the matter will be taken to the courts. Here our professional personal injury lawyers will have no trouble turning the wheels of justice in your favor.
Hire A Gwinnett Texting and Driving Accident Lawyer
Texting and driving are a recipe for disaster and those who practice this must pay for the injuries they cause. This is where we can help you by representing your case before the legal system. If you are serious about getting every penny afforded to you by the law, call Herro Law at (404) 433-6876 and arrange for a FREE case examination today!
