Distracted Driving Accidents

Drivers generally understand that they have a duty to pay attention to the road and their surroundings. Some motorists do not abide by this rule, though, and operate their vehicles while focused on things other than driving. Driving while distracted is unsafe, and unfortunately, distracted drivers frequently cause collisions. If you were hurt in a distracted driving accident, you might be owed damages, and it is in your best interest to consult a lawyer. At Don Turner Legal Team, our dedicated Roswell car accident lawyers are well-versed in what it takes to prove liability in cases arising out of collisions. If we represent you, we will develop compelling arguments to provide you with a strong chance of a favorable outcome.

Many things can divert a driver’s attention away from the road. For example, a motorist may be paying attention to something happening outside the car or may be focused on eating or drinking. In most instances, though, drivers are preoccupied with cell phones, GPS systems, or other electronic devices. In recognition of the fact that inattentive motorists are among the leading causes of collisions, the Georgia legislature passed a law prohibiting distracted driving. Specifically, the statute provides that drivers must use due care while operating vehicles on state roads and cannot engage in any behavior that will distract them from driving safely. Prohibited actions include physically holding cell phones, reading or writing text messages, and watching and recording videos. Motorists also cannot reach for cell phones if it would cause them to move out of a properly seated position or use more than a single button to begin or end communication.

Crashes caused by distracted driving often lead to serious injuries that involve physical, emotional, and economic harm. In most cases, to recover damages in a case arising out of a car crash, a plaintiff must prove that the defendant was negligent. Under Georgia law, this means that the plaintiff needs to show that the defendant owed the plaintiff a duty and that the defendant acted in a manner that demonstrated a departure from the duty owed. Usually, the duty owed is the obligation to exercise the care that a reasonable person would use in a similar situation. The plaintiff also needs to prove that the defendant’s breach proximately caused the distracted driving accident, which means that it would not have occurred absent the breach. Finally, the plaintiff needs to establish that he or she sustained actual damages as a result of the breach.

In collisions caused by distracted driving, defendants may deny liability. Thus, a plaintiff may need to rely on circumstantial evidence, such as eyewitness accounts, cell phone records, and surveillance videos, to prove that the defendant was distracted when the collision occurred. In cases in which the defendant was cited for distracted driving, though, a plaintiff may be able to argue that the defendant was negligent per se. In other words, under Georgia law, a person who violates the Uniform Rules of the Road, which include the distracted driving law, and causes injuries as a result of the violation is deemed negligent as a matter of law.

Drivers who fail to fully pay attention to the operation of their vehicles are prone to causing accidents, and they should be held accountable for their carelessness. If you were injured in a distracted driving accident, you have the right to seek damages for your losses, and you should speak to a lawyer as soon as possible. The seasoned car accident attorneys at Don Turner Legal Team are adept at aiding people harmed by others' negligence in the pursuit of compensation. If you hire us, we will assertively advocate on your behalf. We regularly represent people in car crash cases in Roswell, Atlanta, McDonough, and elsewhere in Georgia, including Fulton, DeKalb, Cobb, Gwinnett, Clarke, Cherokee, Douglas, Forsyth, Greene, Hall, Henry, Richmond, and Rockdale Counties. You can call us at (770) 594-1777 or contact us online.