Texting and Driving Accidents In Atlanta
Cell phones have become the primary means of communication, entertainment, information, and even navigation. As essential to modern life as cell phones have become, they can also be a dangerous distraction when they divert a driver’s attention away from the road and the task of operating a vehicle.
An alarming 53% of Georgia car accidents in a single recent year involved a confirmed or suspected distracted driver. Texting and driving accidents in Atlanta continue to escalate despite Georgia’s law under O.C.G.A. §40-6-241 which prohibits hands-on cell phone use while driving.
Understanding the Dangers of Texting and Driving
Sending a quick text message or reading one sent to a driver’s cell phone may seem harmless, especially if it’s something a driver has done without incident many times before, but it only takes one accident caused by one distracted moment to change lives forever. According to the National Highway Traffic Safety Administration (NHTSA), during the five seconds it takes to read an average text message, a car going 55 miles per hour crosses the length of a football field. Sadly, 96% of surveyed drivers say they believe texting and driving is dangerous, yet 39% admit to doing it themselves.
What Types of Car Accidents are Caused by Texting and Driving in Atlanta?
A startling Georgia observational survey reported that nearly 20% of drivers were engaged in distracted driving behaviors behind the wheel, including texting or other hands-on cell phone activities. When a driver’s attention departs from the road, it’s a breach of the duty of reasonable care that every driver has when sharing the road with others. Distracted driving results in accidents such as the following:
- Rear-end collisions
- Head-on collisions
- T-bone accidents in intersections
- Sideswipes
- Roadway departures
- Collisions with obstacles
In some of the worst cases of distracted driving, drivers who are focused on their cell phones have entered highway exit ramps and driven into oncoming traffic or turned onto one-way streets. Reports of wrong-way collisions have nearly doubled in Atlanta since 2013.
Proving Liability In Atlanta Texting and Driving Accidents
Despite the dramatic increase in reported texting and driving accidents, this number is likely underreported since it’s not always easy to prove that a driver was distracted when they caused a crash. An Atlanta car accident lawyer may interview eyewitnesses, examine photo and video evidence, consult with accident reconstruction specialists, and examine cell phone records. Proving a distracted driver’s liability in Atlanta requires evidence demonstrating the following:
- The driver owed a duty of reasonable care to the injury victim
- They violated this duty of care through negligence
- The violation of duty caused the accident and injuries
- The injury victim suffered damages from the injury
Under Georgia’s modified comparative negligence laws, the injury victim has the burden of proving liability through a preponderance of the evidence.
Damages In Atlanta Texting and Driving Accidents
Distracted driving car accident injuries can cause temporary pain, a few days of lost pay, and a single emergency room bill. Or, they can result in a life-altering, catastrophic injury with resulting disability. Regardless of the severity of the injury, a distracted driving accident victim has the right to seek compensation for damages such as past and future medical expenses, lost earnings, reduced earning ability, and compensation for pain and suffering. In some cases, additional compensation may be available in a claim for catastrophic damages, such as loss of limb, disfigurement, loss of one of the senses, or diminished quality of life. If a texting and driving accident in Atlanta causes a fatality, a close family member may seek wrongful death compensation.
How Can an Atlanta Texting and Driving Accident Lawyer Help?
It often takes an experienced Atlanta car accident attorney to make a compelling case against a distracted driver’s insurance to recover full and fair compensation for an injury victim’s damages. Call an Atlanta personal injury lawyer at Piasta Walker Hagenbush LLC today for a free evaluation of your case so we can take prompt action on your behalf.