What to Do After a Distracted Driving Accident in Georgia
A distracted driving accident in Georgia can leave victims with serious injuries, medical bills, and overwhelming stress. When you’re injured in a car accident due to a distracted driver, it’s important to know your rights and understand the best way to handle your injury claim. At Hartley, Rowe and Fowler, our experienced attorneys are dedicated to helping victims of Georgia injury claims involving distracted driving recover the compensation they deserve. Let’s dive into how to protect yourself and navigate the complexities of a distracted driving accident in Georgia.
Understanding Distracted Driving and Georgia Law
Distracted driving occurs when any activity distracts the driver’s attention from the road and the primary task of driving. This can include cognitive distractions, visual distractions, and manual distractions. Georgia’s distracted driving law specifically targets behaviors that distract drivers from the safe operation of their vehicles. In Georgia, the Hands Free Georgia Act prohibits drivers from holding or supporting a wireless device or stand alone electronic device while behind the wheel. Despite this law, distracted driving accidents remain a significant cause of traffic accidents across the state.
Georgia’s hands free law and distracted driving law aim to reduce accidents caused by drivers texting, watching videos, or using handheld devices. The law prohibits actions that distract a driver’s attention, including the use of cell phones and other electronic devices. Violating the law can lead to fines, points on your license, and for subsequent offenses, more severe penalties. However, even with these laws in place, distracted drivers continue to endanger others on the road.
Types of Distracted Driving Behaviors
Distracted driving covers a broad spectrum of behaviors that take a driver’s focus away from the primary task of safely operating a vehicle. The most common types of distractions are visual distractions, manual distractions, and cognitive distractions. Visual distractions occur when drivers take their eyes off the road, such as glancing at a cell phone, checking a navigation system, or watching videos on an electronic device. Manual distractions involve taking hands off the wheel, whether to send a text message, eat, adjust controls, or handle a stand alone electronic device. Cognitive distractions happen when a driver’s mind is not fully on driving—this can include engaging in deep conversations, daydreaming, or being preoccupied with other thoughts.
Georgia’s hands free law, part of the Hands Free Georgia Act, specifically prohibits drivers from holding or supporting any wireless telecommunications device or stand alone electronic device while driving. Instead, drivers are required to use hands free technology to minimize distractions and maintain safe operation of their vehicle. Despite these laws, many drivers still engage in risky behaviors like reading text messages, adjusting navigation systems, or watching videos behind the wheel. Each of these actions can lead to distracted driving accidents, putting everyone on the road at risk. Staying focused on driving and avoiding all forms of distraction is essential for preventing accidents and ensuring road safety.
Common Causes of Distracted Driving Accidents
A distracted driving accident can happen in a matter of seconds, often with devastating consequences. The most common distractions include:
- Cell phone use, such as texting or making calls
- Adjusting music or navigation systems
- Eating or drinking while driving
- Talking to passengers
- Visual distractions like looking at billboards or scenery
Even a quick glance away from the road can be enough to cause a car accident. When a driver’s eyes leave the road, they may miss a stop sign, a red light, or another vehicle slowing down. The results can be catastrophic, leading to injuries, property damage, and even fatalities.
Consequences of Distracted Driving
The consequences of distracted driving can be devastating, both for the driver and for others on the road. Distracted driving accidents often result in serious injuries, significant property damage, and, in the worst cases, loss of life. Under Georgia’s distracted driving laws, drivers who are caught engaging in distracted behaviors face legal penalties, including fines and points added to their driver’s license. For a first offense, a driver may be fined up to $50, while subsequent offenses can lead to fines as high as $150 and three points added to their license. These penalties are designed to deter distracted driving and promote safer roads.
Beyond legal consequences, distracted drivers can be held accountable for any accidents caused by their negligence. This means they may be required to pay for victims’ medical bills, car repairs, and other damages resulting from the accident. In cases where distracted driving rises to the level of reckless driving, the penalties can be even more severe, potentially including higher fines and jail time. The financial, legal, and emotional impact of a distracted driving accident can be overwhelming, making it crucial for drivers to understand the risks and take steps to avoid distractions behind the wheel.
If you or a loved one has been affected by a distracted driving accident, consulting with an experienced car accident lawyer can help you navigate the process of seeking compensation and holding negligent drivers accountable under Georgia law.
What to Do Immediately After a Distracted Driving Accident
If you’re involved in a distracted driving accident in Georgia, the first priority is safety. Move to a safe location if possible and check for injuries. Call 911 and wait for first responders to arrive. Police will create an official police report, which will be crucial when filing your insurance claims and seeking compensation.
Gather as much evidence as you can while at the scene. Take photos of vehicle damage, skid marks, traffic signals, and any visible injuries. Collect the names and contact information of any witnesses. Their witness testimonies can help strengthen your case against the negligent driver.
Seek medical attention immediately, even if you feel fine. Some serious injuries may not show symptoms right away. Prompt medical care not only ensures your health but also creates a medical record that supports your claim.
How Georgia Law Handles Distracted Driving
Under Georgia law, drivers must operate their motor vehicle safely and avoid any activity that takes their attention away from driving. Georgia’s hands free law prohibits any physical support of a phone, meaning drivers can’t hold their phone for texting, making calls, or watching videos.
If a driver violates this law and causes a distracted driving accident, they can be held liable for any resulting injuries and damages. A driver can be held responsible for an accident caused by distracted driving, as this behavior is considered negligent and establishes fault. Reckless driving charges may also apply if the driver’s actions showed a disregard for road safety.
Violations of the hands free rules can lead to first offense fines and additional penalties for repeat offenders. When an accident occurs due to a driver’s failure to comply with these traffic laws, injured parties have the right to pursue Georgia injury claims involving distracted driving.
Proving Negligence in a Distracted Driving Accident
Proving that a distracted driver was at fault can be challenging. Insurance companies often try to deny or minimize claims. That’s why it’s critical to work with an experienced attorney who knows how to gather evidence and build a strong case.
Key evidence may include:
- Police reports indicating the driver was using a cell phone or otherwise distracted
- Witness testimonies confirming the driver’s behavior
- Cell phone records showing text messages or calls at the time of the crash
- Photos or video footage from nearby cameras
- Medical records linking your injuries to the car accident
Establishing causation is an essential part of proving fault in a distracted driving accident claim.
Attorneys may use various strategies, such as accident reconstruction, forensic analysis, and expert testimony, to prove the driver was distracted at the time of the accident.
This evidence helps establish that the driver failed to drive safely because their attention was diverted from the safe operation of their vehicle, directly causing the driving accident and your injuries.
Dealing with Insurance Companies
After a distracted driving accident, you may be contacted by the insurance company representing the other driver. It’s important to remember that insurance adjusters are not on your side. Their goal is to protect the company’s bottom line, which often means offering low settlements or denying claims altogether.
Don’t feel pressured to accept a quick settlement. Before you speak with an insurance adjuster, consult with a car accident lawyer at Hartley, Rowe and Fowler. We can handle all communications with the insurance company on your behalf, ensuring that your rights are protected and you receive fair compensation for your medical bills, car repairs, lost wages, and economic damages.
Seeking Compensation After a Distracted Driving Accident
Victims of distracted driving accidents in Georgia have the right to seek compensation for their losses. Depending on the circumstances of your case, you may be entitled to recover:
- Medical bills for treatment and rehabilitation
- Costs of car repairs or replacement
- Lost wages if your injuries prevent you from working
- Pain and suffering
- Other economic damages related to the accident
In some cases, punitive damages may be available if the distracted driver acted with gross negligence or recklessness.
The Importance of Hiring an Experienced Attorney
Navigating a Georgia car accident claim involving a distracted driver can be overwhelming, especially when dealing with serious injuries and financial stress. Hiring an experienced attorney from Hartley, Rowe and Fowler ensures that you have someone fighting for your best interests every step of the way.
Our law firm has a proven track record of holding distracted drivers accountable and recovering maximum compensation for our clients. We understand the nuances of Georgia law and how to present the strongest case possible to the insurance companies and, if necessary, in court.
How to Prevent Distracted Driving
While the focus of this blog is on how to handle injuries caused by a distracted driving accident, it’s equally important to understand how to prevent these crashes in the first place. As a driver, you can reduce the risk of causing or being involved in an accident by:
- Following the Hands Free Georgia Act and using hands-free technology
- Avoiding any visual distractions that take your eyes off the road
- Keeping your hands on the wheel and off your electronic device
- Limiting conversations with passengers that could lead to cognitive distractions
- Never using handheld devices or engaging in text based communication while driving
By staying alert and focused on the safe operation of your vehicle, you help reduce the risk of traffic accidents and protect everyone on the road.
Let Us Help You – Free Consultation Available
At Hartley, Rowe and Fowler, we know the physical, emotional, and financial toll a distracted driving accident can take on victims and their families. Our team is committed to providing compassionate legal support and aggressive representation for every client. We offer a free consultation so you can discuss your case with no obligation and get the answers you need.
If you’ve been injured in a distracted driving accident in Georgia, don’t wait to get the help you deserve. Contact us today 678-825-6004 to schedule your free consultation and let our dedicated team fight for your rights. You don’t have to face this difficult time alone.
