The short answer: If a distracted driver hits you in Marietta, you generally have the right to seek compensation from that driver for your medical bills, lost wages, and pain and suffering. Georgia’s hands-free law bans texting and holding a phone while driving, and a violation can help show the other driver was at fault. You usually have two years from the date of the crash to file a personal injury claim in Georgia.
One second, the road ahead is clear; the next, you’re struck by someone who never looked up from their phone. If a distracted driver hit you, you’re probably dealing with pain, car repairs, and real uncertainty about what to do next. We understand how overwhelming this feels, and The Persons Firm is here to help you sort it out.
Below, our Marietta distracted driving lawyers cover:
– What counts as distracted driving under Georgia law
– How to prove the other driver was distracted
– The injuries and compensation involved
– What happens if you were partly at fault
– How long you have to file, and what the process looks like
What Counts as Distracted Driving Under Georgia’s Hands-Free Law?
Distracted driving is any activity that takes a driver’s attention, hands, or eyes off the road. Under the Hands-Free Georgia Act, which took effect July 1, 2018, drivers cannot physically hold or support a wireless device with any part of their body, and they cannot write, send, or read a text-based communication, such as a text message, e-mail, or instant message.
Distraction goes beyond phones, though. Common examples include:
– Texting while driving or scrolling social media
– Talking on a handheld phone
– Programming a GPS or navigation app
– Eating, drinking, or grooming
– Reaching for an object in the vehicle
– Turning to talk with passengers
Not every distraction breaks the hands-free law, but any of these can support a claim that the driver failed to use reasonable care.
How Do You Prove the Other Driver Was Distracted?
You prove distraction with evidence, and several sources can show what the other driver was doing. Cell phone records can reveal calls, texts, or data use around the moment of impact. Witnesses who saw the driver looking down or swerving can give statements. The police crash report often notes distraction as a contributing factor and may reference a citation under the hands-free law.
Other helpful evidence includes traffic or dashcam footage, the driver’s statements at the scene, and vehicle data. This evidence can disappear quickly, though. Phone records are overwritten, and camera footage is often erased within days. That’s why it helps to talk with our attorneys early, so we can work to preserve what matters before it’s gone.
Hit by a distracted driver in Marietta? We are here to help. Call (770) 758-1664 for a free consultation.
What Injuries and Compensation Can You Recover?
You can generally recover compensation for the harm a distracted driver caused you. Distracted driver accidents range from minor fender benders to serious collisions, and injuries often include whiplash, broken bones, back and spine injuries, and traumatic brain injuries.
Georgia law allows injured individuals to seek both economic and non-economic damages, which typically include:
– Medical bills, both current and future
– Lost wages and reduced earning ability
– Property damage to your vehicle
– Pain, suffering, and emotional distress
Every situation is different, and the value of a claim depends on how serious your injuries are and how the crash has affected your life.
What if You Were Partly at Fault?
You can still recover in Georgia as long as you’re less than 50% at fault. Georgia follows a modified comparative negligence rule, which means your compensation is reduced in proportion to your share of fault. If you’re 50% or more responsible, you cannot recover any damages.
Insurance companies know this rule, and they may try to shift blame onto you to lower what they pay. Don’t let an insurance company decide your future. Call (770) 758-1664 for a free consultation, and let our team help present the facts clearly.
How Long Do You Have to File, and What Happens Next?
In Georgia, you generally have two years from the date of the injury to file a personal injury claim. Waiting too long can cost you the right to recover anything, so it’s wise not to delay.
The process usually starts with a free consultation, where we listen to your story and explain your options. From there, our team can investigate the crash, gather evidence, handle communication with the insurance company, and work toward a fair settlement. If a fair offer doesn’t come, we can talk about filing a lawsuit. Through it all, you focus on healing while we handle the legal side.
The Persons Firm is Here to Help
Being hit by a distracted driver isn’t your fault, and you don’t have to face what comes next alone. Our attorneys at The Persons Firm help injured individuals throughout Marietta, Cobb County, and the surrounding Georgia area, and we’ll guide you through every step with care. Your consultation is free, and there’s no obligation. Contact us at (770) 758-1664 today. We are here to help.
Frequently Asked Questions About Distracted Driver Accidents
Is texting while driving illegal in Georgia?
Yes. Under the Hands-Free Georgia Act, drivers cannot write, send, or read text-based communications or hold a phone while driving. A violation can serve as evidence that the other driver was negligent.
What should I do right after a distracted driving crash?
If you’re able, call 911, seek medical attention, and take photos of the scene, the vehicles, and your injuries. Collect contact information from the other driver and any witnesses, then reach out to us so we can help protect your claim.
How much does it cost to talk with a lawyer?
Your consultation with The Persons Firm is free. We’re glad to review your situation, answer your questions, and explain your options with no pressure and no obligation.
What if the other driver denies being distracted?
That’s common, and it’s why evidence matters. Phone records, witness statements, the crash report, and any video footage can help show what really happened, even when the other driver won’t admit fault.