Distracted driving has emerged as one of the most dangerous driving behaviors in recent years – responsible for 1,000 injuries and 9 deaths per day in the U.S. With technology being a big part of our lives, more and more people are using their cell phones and other devices even when driving.
Georgia law enables victims of car accidents caused by the negligence of another driver to receive financial compensation for their injuries and losses. However, navigating the legal process and matching up against insurance companies is never easy. This is where an experienced Atlanta distracted driving accident lawyer comes in.
At The Herro Law Firm, we have highly experienced car accident attorneys dedicated to helping victims of distracted driving accidents in and around Atlanta get the justice and financial compensation they deserve. We can do the same for you.
Give us a call today at (404) 433-6876 to get the best legal representation.
What Is Distracted Driving?
Drivers are expected to have their full attention on the road. Georgia state law defines distracted driving as any activity that takes a driver’s attention from the primary task of driving. Distracted driving is often associated with texting while driving, however distracted driving actually consists of a wide range of activities.
Types of Distracted Driving
There are many activities that fall under the umbrella of distracted driving. These activities are grouped into three categories.
Visual distractions cause the driver to take their eyes off the road. They include things like looking at billboards, looking at accidents or other events on the side of the road, checking the infotainment system, and more.
Keeping your eyes off the road for as little as 2 seconds doubles the risk of being in an accident. Remember, it takes the average person 5 seconds to read or send a text while driving.
These distractions require the driver to take their hands off the steering wheel. Examples include drinking, eating, smoking, grooming, or fiddling with the radio. Even taking one hand off the wheel is considered dangerous since it reduces the driver’s ability to properly control their vehicle in the event of an accident.
These activities take the driver’s mind off their driving. When your mind is fully focused on the task of driving, you are able to react quickly and make safe decisions on time. Cognitive distractions include daydreaming, talking with your passengers, worrying about something, and more.
Texting while driving encompasses all forms of distracted driving, which makes it all the more dangerous.
Laws Regarding Distracted Driving in Georgia
The state of Georgia is on the frontline in the fight against distracted driving. It has outlawed texting and driving.
The Hands-Free Georgia Act was signed into law in 2018 and made it illegal for drivers to:
- Hold or physically support any stand-alone or wireless electronic device (except for headphones, earpieces, and wrist-worn devices)
- Write, read, or send any kind of text-based communication from a device.
- Record, watch, or broadcast video content on a wireless or stand-alone device (except for dash cams and data relating to vehicle navigation and vehicle exterior).
What Types of Damages Can I Receive in a Distracted Driving Accident Claim?
In the aftermath of a car crash, victims undergo all kinds of physical, mental, and emotional injuries. This is not to mention heavy financial losses as a result of the same. Depending on the details of your case, a Georgia court can award the following damages.
These are designed to reimburse car accident victims for objective losses that can be verified using financial statements and receipts. These include past and future medical bills, lost income, loss of earning capacity, rehabilitation costs, car repair costs, house and car modifications for a disability, and so on.
These damages compensate victims for losses that can’t be assigned a monetary value. Non-economic damages awardable in a successful distracted driving accident claim include pain and suffering, loss of enjoyment of life, loss of companionship, loss of limb function, and so on.
Punitive damages are designed to punish the defendant for acting in a grossly negligent, reckless, or malicious manner and deter the public from repeating similar behavior. The maximum amount of punitive damages that you can receive in a Georgia distracted driving lawsuit is $250,000.
Is There a Deadline for Filing a Distracted Driving Claim in Georgia?
It is crucial for car accident victims to understand that there is a deadline for filing personal injury claims. Georgia’s statute of limitations stipulates how long one has to file such a claim. If you are planning to pursue compensation, you have two years from the date of the accident to file a car accident claim.
Why Do I Need a Lawyer for My Distracted Driving Claim?
Having an attorney on your side when dealing with an accident claim is much more important than you might think. There is a lot that an attorney does to ensure the best outcome for their client.
- Evaluating your case and determining whether you have a valid case.
- Advising you on your legal options.
- Investigating your case and gathering all the relevant evidence to prove liability and the extent of losses.
- Negotiating with the insurance company for a settlement.
- Prepare your case for trial and providing experienced legal representation in court.
Reach Out to an Experienced Atlanta Distracted Driving Accident Lawyer Today!
All drivers have a responsibility to drive safely and keep their full attention on the road. However, when a driver fails at this task, they put themselves and others at risk. Distracted driving is responsible for 1,000 injuries and 9 deaths per day in the U.S.
If you or a loved one was hurt in an accident caused by a distracted driver, we can help you get justice and the full compensation that you deserve. Call our Atlanta offices today at (404) 433-6876 to schedule a free consultation. You pay nothing upfront, and nothing at all if we don’t win you compensation.