Atlanta Distracted Driving Accident Lawyer

Atlanta Distracted Driving Accident Attorney

Distracted driving is rapidly becoming one of the most common causes of serious accidents throughout Georgia. When another driver decides to text, check their GPS, or simply allow their mind to wander, the results can be catastrophic for victims and their families. If you have been injured in a crash caused by someone else’s distracted driving, it is critical to work with a skilled Atlanta distracted driving accident lawyer.

Distracted Driving Accident Laws in Georgia

Georgia has laws and regulations to help prevent distracted driving. Under the Hands-Free Georgia Act, drivers must not use any part of their body to hold or support electronic devices such as phones during vehicle operation. This includes doing the following:

• Sending text messages
• Reading text messages
• Watching videos
• Scrolling through social media
• Using GPS

Distracted driving accidents can result in monetary penalties and license point deductions, but they also bring civil responsibility for the distracted behavior that caused the collision. A distracted driving incident that results in an accident could trigger either personal injury claims or wrongful death claims, depending on how severe the injuries turn out to be.

When an Atlanta distracted driving accident attorney works on these cases, they must prove that not only was the driver negligent, but they must also collect the type of evidence that can prove that distraction was a factor. This often calls for a familiarity with the state law and case law that determine the way the courts handle distracted driving accident cases.

Common Causes of Distracted Driving Accidents

In general, distractions can be broken down into one of three categories: visual, manual, and cognitive. A visual distraction is when a driver takes his or her eyes off the road. This can be as obvious as looking at a phone or as innocent as checking on passengers.

Manual distractions are those that require one or both of the driver’s hands to be taken off the wheel. This can happen when eating, reaching for things, or fiddling with various controls.

Cognitive distractions are those where the mind is not focused on driving. This can include daydreaming or being caught up in a conversation.

In Atlanta’s fast-paced, congested traffic, even momentary distractions can lead to a catastrophic accident. Some of the most common scenarios in distracted driving accident cases involve:

• Texting while driving
• Talking on the phone without a hands-free device
• Adjusting a GPS system
• Eating or drinking while driving
• Adjusting the radio
• Assisting children or other passengers, especially those who are in the backseat

In each instance, the action leads the driver to look or think about something other than the task of driving. In many instances, the act combines two or all three sources of distraction, which creates a much greater likelihood of a crash.

For instance, texting while driving involves all three types of distraction. The driver looks away from the road and takes one hand off the wheel to type. They also focus on reading and thinking about the message, instead of paying attention to the flow of traffic.

The high traffic density on Atlanta’s highways and surface roads makes distracted driving especially hazardous. When drivers take their eyes off the road for just one second, they create the potential for serious accidents like rear-end collisions and multi-car pileups or pedestrian injuries.

The Impact of Distracted Driving Accidents

Injuries from a distracted driving accident are often life-changing. The crash may result in medical treatment that lasts for years and can cause a decrease in earning potential. Common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Paralysis
• Broken bones
• Fractures
• Burns
• Whiplash
• Internal injuries

In addition to medical expenses, victims may also be able to recover for lost wages, reduced earning capacity, property damage, and pain and suffering. Wrongful death cases may allow recovery for funeral and burial costs, loss of consortium, and other economic and non-economic damages.

Liability in Distracted Driving Accident Cases

In 2023, there were 1,615 traffic fatalities in Georgia. There were 2,261 drivers involved in the fatal accidents, and 2,023 of these drivers were over the age of 21.

Helping to build a strong liability case is one of the most critical services provided by an Atlanta distracted driving accident attorney. Traffic accidents are not always so straightforward when it comes to liability. With distracted driving, there is often a lot of evidence needed to prove negligence.

Georgia operates under a modified comparative negligence system, which makes proving liability essential for your case, and it’s important to be aware of the Georgia personal injury statute of limitations that governs how long you have to file a claim. You can recover damages, but they will be reduced by the percentage that you are at fault. If you are found to be 50% or more at fault for the accident, you may be ineligible to recover. A skilled attorney can challenge defense claims and present a clear narrative that identifies the distracted driver as the cause of the incident.

An attorney can use a variety of evidence to prove negligence, including:

• Cell phone records that can prove cell phone usage at the time of the crash
• Traffic camera footage showing a distraction at the time of the accident
• Witness testimony from others who witnessed the accidents
• Police reports, especially if they noted any distracting behaviors

Compensation Available in Distracted Driving Accident Cases

When a person is involved in a distracted driving accident case, a variety of things can happen that can cause financial damage to the injured parties. Some things that may be recovered in a claim include:

• Medical bills, including hospital stays, emergency room visits, rehabilitation, physical therapy, and any long-term care. This can also include prescription medications and any home renovations that may be needed, such as a ramp to compensate for disabilities caused by the accident.
• Pain and suffering. This accounts for the physical pain and emotional suffering caused by the accident, including PTSD, depression, anxiety, and fear.
• Property damage. If your car was damaged in the accident, you may claim compensation for repairs or for a replacement if it was totaled. You may also add to your claim any additional property that was damaged in the accident, such as a cell phone or laptop that may have been destroyed.
• Lost wages. If the accident caused you to miss work either due to the accident itself or so you can recover from injuries, you may add this to your claim. You may also claim lost wages and loss of future earning potential if your injuries are severe enough to prevent you from working in the future.

Hire a Distracted Driving Accident Lawyer – Stephen LaBriola

Serving clients across the greater Atlanta metro area and throughout Georgia, Attorney Stephen T. LaBriola provides experienced legal representation in distracted driving accident cases and other complex litigation matters.

Attorney Stephen T. LaBriola has been honored with an AV Preeminent rating in the Martindale-Hubbell® peer review rating system and has been named a Georgia Trend magazine “Legal Elite” every year since 2006. He also has received the “Lawyer of the Year” award for Securities Litigation from Best Lawyers®. Mr. LaBriola has served as president of The Cooper Inn of Court and as chair of the Atlanta Bar Association’s Litigation Section.

He frequently represents clients in Fulton County, DeKalb County, and other surrounding jurisdictions. He is also familiar with the Fulton County Courthouse in downtown Atlanta, where many distracted driving accident cases are tried.

FAQs

Does Insurance Cover Distracted Driving?

Yes, car insurance usually covers accidents caused by distracted driving, but the claim process can be challenging. The other driver’s liability coverage should pay for your damages, medical bills, and other losses. However, insurance companies may try to lowball you or deny liability. It will take proving negligence with evidence, particularly after you hire a distracted driving lawyer to build a strong case.

What Should I Not Say to an Injury Lawyer?

When talking to your injury lawyer, don’t downplay your injuries, omit facts, or speculate. Don’t say you feel fine when you are still receiving medical care or fail to disclose past accidents. Lawyers must have the facts in order to represent you. The more honest you are with your lawyer, the better they can predict a defense and present the strongest case for your recovery.

How Much Is a Distracted Driving Ticket in Georgia?

In Georgia, the amount for a distracted driving ticket depends on how many convictions a person has had. This means that under Georgia law, the price of a ticket increases with each ticket. A second ticket will cost more than a first, and a third will cost more than a second. Beyond fines, distracted driving that causes accidents can also result in civil liability.

What Should I Do After a Distracted Driving Accident?

After a distracted driving accident, once safety is restored and 911 is called, seek medical attention for all injuries, no matter how minor they might seem. Secure copies of the police report and obtain scene photographs and contact details of any witnesses. Do not discuss fault at the scene of the accident.

Contact Stephen LaBriola Today

If you were injured in a distracted driving accident in Atlanta, Stephen LaBriola can help you with your case. Contact him today to get started.