When other drivers decide to text behind the wheel, they put their selfish interests ahead of the safety of other motorists. Looking at their phones takes their eyes off of the road and their brains away from the task at hand. It is against law to text and drive, and any judge would consider it a form of negligent behavior.
If you were hit by a texting driver, you can likely collect substantial monetary damages for your setbacks. For assistance with texting while driving car accidents in Atlanta, do not hesitate to work with a seasoned vehicle collision attorney. Your case deserves careful consideration and attention.
Do State Laws Prohibit Texting While Driving?
The Georgia Hands-Free Law, introduced in 2018, forbids texting behind the wheel and multiple other behaviors. This act is a powerful piece of legislation that intends to prevent distracted navigation and punish those who decide to use their phones in their cars.
To be more specific, a motorist is not allowed to have a phone touching their hand or other body part while driving. This includes talking, texting, watching videos, or other activity that requires them to pick up the electronic device. A driver can face fines and other criminal sanctions for violating this statute.
Is Voice-to-Text a Violation of the State Laws?
State laws do permit drivers to send messages if they can do so in a truly hands-free manner. For example, if a motorist uses an app that reads a text message out loud and allows them to respond without touching the device, they do not have to worry about legal consequences.
However, if this hands-free use proves too distracting and causes a crash, the defendant might need to assume liability for any resulting injuries and vehicle damage. If hands-free phone use becomes a factor in a texting while driving case, a resourceful attorney in Atlanta could fight to demonstrate the distracting nature of this behavior.
Proving Negligence in Texting While Driving Cases
In order for an injured plaintiff to collect financial compensation from driver who texted behind the wheel, they need to concretely demonstrate that this negligence directly caused the accident. One main way that claimants accomplish this is by revealing that the defendant violated Hands-Free act. To do this, a plaintiff could work with an attorney to gather police reports, witness testimony, cell phone use logs, photographic evidence, or statements from qualified experts.
Since violating the hands-free act is breaking the law, a citation for this violation automatically serves as powerful evidence that strengthens a texting while driving claim. If an injured driver needs help with establishing a defendant’s carelessness, a skilled Atlanta accident lawyer could be the ideal ally.
Available Compensation in Texting while Driving Cases
When an innocent plaintiff successfully proves that a negligent motorist caused a wreck by texting, they can likely move forward to collect a substantial award of monetary damages. A verdict might include repayment for:
- Vehicle repair fees
- Past medical expenses and future treatment
- The cost of rehabilitation sessions
- Lost income or lessened earning capacity
- Physical disfigurement
- Loss of consortium
- Emotional suffering
- Wrongful death
An injured claimant might not realize that they deserve compensation for all these aspects, but a tenacious accident attorney in Atlanta could factor the full extent of their client’s losses into a compelling texting while driving claim.
Contact an Attorney about Texting While Driving Car Accidents in Atlanta
If you were struck by a texting driver and are confused about what to do next, our firm is here to help. If you can compile evidence about the defendant’s behavior and present it through a civil claim, you can likely collect the money you need to get back on your feet.
It can be tempting to try and resolve your case on your own, but this is usually the wrong decision. Instead, retain a skilled lawyer for assistance with texting while driving car accidents in Atlanta. Our team members are here to protect your rights and help your case reach its full potential. Call today to get started.