Texting While Driving Accidents
People communicate via text more than through actual telephone conversations, and it is not uncommon for someone to send and receive hundreds of texts per day. There are times when texting is not only inappropriate but also unsafe, such as when a person is driving. Texting while driving is one of the leading causes of crashes, and in many instances, the injuries that these accidents cause are catastrophic. If you were hurt in a texting while driving accident, you have the right to pursue damages, and it is prudent to speak to an attorney as soon as possible. At Don Turner Legal Team, our assertive Roswell car accident lawyers can gather the evidence needed to establish liability for your losses. If you engage our services, we will zealously advocate on your behalf.Georgia Law Prohibiting Texting While Driving
People who text while driving cause well over a million crashes per year. As a result, many states, including Georgia, have passed laws expressly prohibiting people from texting while driving. Specifically, a Georgia statute known as the Hands-Free Law states that it is illegal for a driver to read, write, or send a text while operating a motor vehicle. Motorists are also barred from physically holding cell phones while they are driving.Proving Liability for a Texting While Driving Accident
Drivers who cause crashes by engaging in distracted behavior should be held accountable for any damages that ensue. The majority of lawsuits arising out of car crashes allege that one of the drivers involved in the collision acted negligently. In Georgia, a plaintiff asserting a negligence claim must first establish that the defendant owed the plaintiff a duty. The duty owed varies depending on the circumstances, but generally, it is the obligation to exercise the degree of care that an ordinarily prudent individual would use in a similar situation. The plaintiff then needs to produce evidence proving that the defendant’s behavior constituted a departure from the duty. Finally, the plaintiff must demonstrate that the defendant’s breach of the duty owed caused the crash and that the collision caused the plaintiff to sustain quantifiable harm.
In many lawsuits involving texting while driving accidents, plaintiffs can argue that the defendant’s behavior constituted negligence per se. Specifically, in Georgia, a driver who violates the Hands-Free Law or any other Uniform Rule of the Road may be deemed negligent as a matter of law. Proving negligence and negligence per se claims can be difficult, since defendants will rarely admit liability. Thus, a plaintiff will usually need to rely on evidence such as cell phone records, black box vehicle data, police reports, eyewitness statements, and any available surveillance footage to prove that the defendant was texting when the crash happened.Damages Recoverable in Car Accident Cases
A plaintiff who successfully proves a defendant’s liability may be awarded the cost of any necessary medical treatment, including physical therapy, hospitalization, prescription medication, and out-of-pocket expenses. A plaintiff who could not work because of injuries sustained in a crash may also be awarded lost wages. In addition to damages for economic losses caused by an accident, a plaintiff may be awarded compensation for the suffering, pain, and emotional anguish caused by the crash. If the plaintiff was married at the time of the collision, his or her spouse may be able to recover damages as well.Meet With a Trusted Roswell Attorney
Texting while driving is inherently unsafe and is one of the primary causes of collisions. If you sustained injuries in a texting while driving accident, you could be owed significant compensation, and you should meet with a lawyer to assess your potential claims. The trusted car accident attorneys at Don Turner Legal Team take pride in helping people injured by the carelessness of others in the pursuit of damages. We represent people in car accident 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.