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Texting While Driving Car Accidents in Marietta

Texting while driving car accident in Marietta cause many injuries every year. To reduce the number of collisions, state law forbids texting and driving as well as other types of cellphone-related distracted driving.

If you were injured by an inattentive driver, you seek financial compensation through a civil claim with help from a skilled attorney. A driver’s violation of state laws may be used as proof of negligence in a lawsuit for money damages.

The Hands-Free Georgia Act

The Governor’s Office of Highway Safety lays out many of the details of the Hands-Free law, which took effect on July 1, 2018. Several statutes were amended in an attempt to further prevent distracted driving and punish those who text or use their phone behind the wheel.

The act prohibits drivers from having their phone touching their hand or any part of their body when driving, whether they are calling someone or watching or recording videos. A driver can stream music services through their phone, but only if they do not need to touch the device to operate the app. Criminal fines and points on a driver’s license may be imposed for violations.

Texting Restrictions Under the Hands-Free Act

It is illegal to send, write, or read a text-based communication while driving. This includes texting, emails, instant messages, or any other text-based communication. Additionally, this rule covers other electronic devices besides phones, such as laptops and tablets.

The one exception to this is that a true voice to text is permissible under the law. If the device can read the text aloud and the driver can respond via voice commands, without ever touching or looking at the device, there is no violation of the law.

Negligence in Texting While Driving Accidents

If a person violates the Hands-Free Act and causes an accident, their violation can often be used as evidence for an allegation of negligence per se. As a knowledgeable attorney at our Marietta office can explain, this means that a victim of a texting while driving collision has lower burden of proof when pursuing a claim for damages.

Even if a driver did not violate the laws for texting while driving, a skilled attorney could still make a case for negligence. For example, voice-to-text can still be very distracting, even if it is legal. If that distraction led to the accident, it can be used as proof that the driver failed to exercise ordinary care in operating the motor vehicle.

Compensation for Accidents Involving Phone Use

Injuries in texting while driving accidents can be extremely serious, leaving victims burdened with expensive medical treatments and missed time from work. However, a successful lawsuit could recover monetary compensation for various losses, such as:

  • Property damage
  • Medical bills
  • Costs of rehabilitation
  • Lost income and earning capacity
  • Loss of consortium
  • Pain and suffering
  • Wrongful death

A diligent local attorney with experience handling texting while driving crashes could advise on what damages may be available in a particular case.

Consult a Marietta Attorney after a Texting While Driving Car Accident

If another person’s negligence caused your injuries, you should not have to pay for your losses. Let an attorney who focuses on texting while driving car accidents in Marietta advise you on seeking compensation for your ordeal. An experienced lawyer at our firm is prepared to assist you in your fight for money damages. Contact us today for help.

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