Set Up a Free Consultation With Our Marietta Distracted Driving Accident Lawyer
At The Persons Firm, LLC, our Marietta distracted driving accident attorney has the experience that injured victims can rely on. With more than $100 million recovered for injured victims across our practice areas, our team is ready to advocate for your rights. If you or your loved one was hurt in a crash with a distracted driver, we can help. Contact us at our Marietta law office today for a free, no-obligation case review with a top Georgia auto accident attorney.
Distracted Driving is Dangerous Driving
First and foremost, it is important to emphasize that distracted driving is dangerous driving. Distracted driving remains one of the most dangerous and preventable causes of car accidents in Georgia. It happens when a driver diverts his or her attention away from the task of driving. That diversion may be visual, manual, or cognitive. Even a brief lapse matters. At highway speeds, a vehicle travels the length of a football field in mere seconds. In other words, a distracted driver will often not react to changing traffic conditions, sudden stops, or pedestrians.
Note: The Georgia Hands-Free Act (GA Code § 40-6-241) is a state law that bars motorists from using cell phones and other handheld devices while behind the wheel. Drivers may not hold or support a phone, write or read text messages, watch videos, or browse the internet while operating a vehicle. Violations matter in a civil car accident injury claim. While a traffic citation is not required to prove liability, statutory violations are very strong evidence of negligence.
Common Examples of Distracted Driving in Marietta
It should be noted that distracted driving in Marietta can come in a wide range of different forms. While certain types of distracted driving are more dangerous than others, there is no safe form of distracted driving. Motorists need to keep their attention on the road at all times. Some of the most common specific examples of distracted driving in Georgia include:
- Texting and Driving: Texting removes visual, manual, and mental focus from driving. It dramatically increases the risk of rear-end and intersection collisions.
- Taking Phone Calls (Handheld): Holding a phone occupies a driver’s hand and attention. Even brief calls delay reaction time.
- Navigation/GPS Use: GPS is useful, but adjusting maps or directions while moving pulls attention from traffic patterns and signals. It can be very dangerous.
- Eating or Drinking: Removing hands from the wheel reduces vehicle control. Eating and drinking can be especially hazardous if there are sudden traffic changes.
Georgia is a Fault-Based Car Accident State
Similar to most other jurisdictions in our region, Georgia is a fault-based car accident state. The at-fault driver is financially responsible for damages caused by negligence. Distracted driving is negligent driving. When a driver is cited, such as for a violation of the Georgia Hands Free Act, that is per se (automatic) negligence. Distracted driving is also common law negligence. Drivers in Georgia have a general duty to operate their vehicles in a safe manner. Distracted driving is unsafe.
Notably, our state uses a modified comparative negligence rule to apportion liability in a car accident claim. Imagine you were hit by a distracted driver and suffered $50,000 in damages. You can pursue compensation for the full $50,000 of your losses. However, if you are found 20 percent at fault for your own crash, you would be liable for 20 percent of your own damages. In other words, your recovery could be reduced by $10,000. Every percentage point of fault matters.
Recovering the Maximum Compensation for Distracted Driving Accident Victims
Through a distracted driving accident injury claim in Georgia, victims have the right to pursue compensation for the full value of their damages, including for any non-economic losses. How much can you expect to recover as part of a claim? The answer depends on a wide range of case-driven factors. Do not let insurance companies pressure you into settling for less. Along with other damages, our Marietta car accident attorney can help you seek compensation for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Rehabilitation;
- Loss of current and future wages;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death of a family member.
How a Marietta, GA Distracted Driving Crash Lawyer Can Help
Distracted driving accident claims are complicated. At The Persons Firm, LLC, we are prepared to comprehensively investigate your crash and help you gather and secure all of the evidence that you need to establish liability and substantiate your damages. With millions in compensation secured on behalf of car accident victims in Georgia, our case results tell the story best. When you reach out to us at our Marietta office, you will connect with a Georgia distracted driving crash lawyer who can:
- Conduct a free, comprehensive review of your case;
- Investigate your distracted driving crash in Marietta, gathering key evidence;
- Represent you in settlement negotiations with the insurance company; and
- Take your case as far as it needs to go to help you maximize your compensation.
Distracted Driving Accidents in Marietta: Frequently Asked Questions (FAQs)
What is the statute of limitations for a distracted driving accident claim in Georgia?
Most distracted driving accident claims in Georgia must be filed within two years of the date of the crash. If you wait too long to take action, you may not be able to bring a claim at all.
Is distracted driving negligence per se under Georgia law?
It can be in a case involving a phone or other handheld device. Indeed, a violation of Georgia’s Hands-Free Act can constitute negligence per se in a civil injury case. The conduct itself may establish a breach of duty.
Do I need a traffic citation to bring a distracted driving accident claim in Georgia?
No. A civil claim does not depend on whether the driver received a citation. Phone records, vehicle data, witness statements, and other evidence can establish distracted driving.
Contact Our Marietta Distracted Driving Accident Attorney Today
At The Persons Firm, LLC, our Marietta distracted driving accident lawyer is a compassionate, experienced advocate for justice. Do not go it alone. If you were hurt in a crash with a distracted driver, we can help. Contact us right away to arrange your free, no obligation initial case review. With a law office in Marietta, we handle personal injury claims in the zip code of 30060 and throughout the wider region, including in 30008, 30062, 30064, 30066, 30067, and 30068.