Distracted driving is dangerous driving—and there is perhaps no form of distracted driving that is more dangerous than texting. The National Highway Traffic Safety Administration (NHTSA) cites data showing that drivers who were texting while driving are nearly 23 times more likely to crash.
A driver who causes a crash because he or she was texting while behind the wheel can be found negligent and held legally responsible for the resulting damages. Here, our Atlanta auto accident lawyer explains how texting can impact fault in a car crash in Georgia.
Our state has a “hands-free” law. The Georgia Governor’s Office of Highway Safety explains clearly that “drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving.” While voice commands and hands-free technology are permitted, texting while driving is expressly prohibited. It is a traffic violation, and a police officer can pull a driver over if he or she is spotted texting while driving. Here is an overview of the penalties:
Note: The law applies to all drivers, including those at stoplights. Even if you are at a red light, it is not permissible to read or write text messages while behind the wheel in Georgia.
Texting and driving is one of the most dangerous things that a person can do. The Centers for Disease Control and Prevention (CDC) reports that distracted driving contributes directly to more than 3,000 traffic deaths each year. The CDC emphasizes that the official number is likely an undercount as distracted driving—including texting and driving—is systematically underreported. To understand the danger of texting and driving, NHTSA highlights the following: Sending or reading a text while driving takes a driver’s eyes off the road for an average of five seconds. For reference, that is enough time to cover the length of a football field when driving at 30 mph. Here is a more comprehensive overview of the reasons why texting and driving is so dangerous:
Not only is texting and driving a traffic violation in Georgia, it is negligence. Negligence is defined as the failure to take proper care. Under Georgia law, the driver (or other party) who is at fault for causing a crash through negligence can be held legally liable for the resulting crash. A driver who was texting while behind the wheel is negligent and should be held accountable. Every serious crash should be thoroughly investigated by an experienced Atlanta auto accident lawyer. Your attorney can help you gather the evidence that you need to prove fault.
Note: In some cases, multiple parties may bear liability for the same crash. Georgia’s modified comparative negligence rule applies—victims can still recover damages if they are less than 50 percent at fault for the crash.
Evidence is the key to all car accident injury claims—and texting and driving crashes are certainly no exception to the rule. In some cases, a driver will own up and admit that they were texting. However, that does not always happen. One of the most effective ways is obtaining phone records, which can be subpoenaed to reveal timestamps of texts or app usage. Beyond that, eyewitness statements from passengers, pedestrians, or other drivers may also be relevant evidence. Finally, police reports may document texting as a contributing factor in the crash.
Hurt in a crash with a distracted driver in Georgia? You have the right to seek financial compensation for the full value of your damages, including any of your non-economic losses. How much can you expect to recover through a claim? The answer depends on a wide range of case-driven factors, including the specific nature and severity of your injuries. Unfortunately, the big insurance companies fight hard to pay less in settlement negotiations—even when their driver was the one who was texting and who caused the crash. Our Atlanta auto accident lawyer fights tirelessly to help injured victims secure the maximum compensation. You may recover for:
At Shani O. Brooks P.C., our Atlanta car accident attorney has the skills, knowledge, and legal experience that you can trust. It is our mission to help victims and families secure justice and the maximum financial compensation. If you were hurt in a crash with a driver who was texting, we are here to help. Contact us today for a free, no-obligation initial case review. With an office in Atlanta, we handle distracted driving accident cases throughout the wider region of Northern Georgia.
