You’re minding your own business, driving along the highway when suddenly, out of nowhere, a car comes slamming into yours. The next thing you know, there’s a bright light and a sharp pain. As it turns out, the other driver was texting at the time of the accident, and now you’re facing a long and difficult recovery.
After the initial shock wears off, you start to realize the extent of the damage. You’ll be out of work for months, incurring mounting medical bills. The other driver’s insurance company offers you a settlement, but it’s not nearly enough to cover all of your expenses.
This is when you realize that you need to hire an Atlanta texting and driving accident lawyer. At The Herro Law Firm, we have experience fighting for the rights of accident victims. We know how to build a strong case and get you the maximum amount of compensation possible.
Call (404) 433-6876 today for a free case evaluation with a car accident attorney in Atlanta.
Georgia Laws Against Texting and Driving
In 2018, Georgia passed a law banning texting while driving. The law was passed in response to the growing number of accidents caused by distracted drivers.
The Hands-Free Georgia Act makes 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).
The law prohibits texting even when the vehicle is not in motion. This means that you are only allowed to use your phone when your car is legally parked. However, even if you are stopped, it is still best to avoid distractions and keep your eyes on the road.
If you are caught texting while driving, you can be fined up to $50 for your first offense. If you are caught a second time, you can be fined up to $100 and may even have your license suspended for up to six months.
How Texting Can Affect Driving
Despite the fact that texting while driving is illegal in Georgia, it remains a problem on roads across the state. Even a quick glance at a text message can take a driver’s eyes off the road for several seconds, increasing the risk of an accident. In addition, texting requires the use of one hand, making it difficult to steer and preventing drivers from using their turn signals.
Furthermore, sending or reading a text message requires mental focus, which can cause drivers to lose track of their surroundings. As a result, texting while driving is a dangerous behavior that puts both the driver and others on the road at risk.
Types of Accidents Caused by Texting and Driving
According to the National Highway Traffic Safety Administration, texting while driving is a leading cause of accidents. Texting while driving increases the risk of accidents by 23 times.
There are a variety of accidents that can be caused by texting and driving, including:
Head-On Collisions
These types of accidents often occur when a driver is looking at his or her phone and veers into oncoming traffic. Head-on collisions are often the most serious type of accident, as they can result in severe injuries or even death.
Rear-End Collisions
These accidents happen when a driver is distracted by his or her phone and rear-ends the car in front of them. While they’re typically less serious than head-on collisions, they can still cause injuries.
Side-Impact Collisions
These collisions, also referred to as T-bone accidents, occur when one car hits the side of another. These are particularly dangerous, as they often result in serious injuries.
Rollover Accidents
These accidents can occur when a driver is distracted by his or her phone and veers off the road. Rollover accidents are usually severe, as they can trap drivers and passengers inside the vehicle.
How Do You Prove the Other Driver Caused the Accident Because of Texting?
One of the most important things to do after any kind of car accident is to gather evidence. This will be helpful whether you plan on filing an insurance claim or a personal injury lawsuit. If you suspect that the other driver was texting at the time of the accident, there are a few key pieces of evidence that can help to prove your case.
First, look for skid marks at the point of impact. This can indicate that the other driver was not braking in time. Second, look for damage to the front of the other car. This is typically where texting accidents occur, as drivers are not paying attention to the road ahead. Finally, witness testimony can also be helpful in proving that the other driver was texting.
If you saw the other driver looking down at their phone just before the accident, be sure to mention this to the police and to your attorney. With this evidence, you should have a strong case that the other driver caused an accident because of texting.
How Long Do I Have to File a Claim in Georgia?
In Georgia, you have two years from the date of your accident to file a personal injury claim. This is known as the statute of limitations. If you do not file your claim within this time frame, you will be barred from receiving any compensation for your injuries.
It is always best to speak with an attorney as soon as possible after an accident to ensure that your claim is filed in a timely manner. A delay can jeopardize your right to receive compensation and may result in evidence being lost or forgotten.
If you have been injured in an accident, don’t wait. Contact The Herro Law Firm today at (404) 433-6876.
Why Do I Need a Lawyer?
If you’ve been involved in a car accident caused by someone who was texting and driving, you may be wondering if you need a lawyer. The answer is yes.
An Atlanta texting and driving accident lawyer can help you recover different kinds of damages, including compensation for your injuries, lost wages, and pain and suffering. They can also help to negotiate with the other driver’s insurance company to get you the best possible settlement.
In addition, a lawyer can help to gather evidence to prove that the other driver was at fault for the accident. This may include obtaining cell phone records or eyewitness statements. Without a lawyer, you may be at a disadvantage when it comes to dealing with the other driver’s insurance company.
Call the Best Atlanta Texting and Driving Accident Lawyers Today!
The Herro Law Firm is an Atlanta-based law firm that specializes in personal injury and car accident cases. If you’ve been injured in a car accident, we can help. We have a team of experienced attorneys who will work tirelessly to get you the compensation you deserve.
We understand the stress and anxiety that can come with being involved in a car accident, and we will do everything we can to make the process as smooth and stress-free as possible.
Contact us today at (404) 433-6876 to schedule a free consultation. We look forward to speaking with you.
