You have no doubt seen road signs warning of the dangers of texting while driving. The Georgia Department of Transportation created the safety campaign “Drive Alert Arrive Alive” to raise awareness of the risks. Yet you probably never thought you would be a victim of a driver who was texting. If you are facing injuries that were caused by a texting driver, consult an Alpharetta texting while driving accident lawyer to learn your options for compensation. Bader Scott Injury Lawyers stand up for Georgia accident victims, pursuing compensation even if it means going to court. Call our office today for a free initial consultation at (404) 888-8888.
Georgia’s Hands-Free Law
In July 2018, Georgia law Georgia Code §40-6-241 went into effect that provides stricter consequences for texting drivers. Designed to reduce accidents and fatalities that result from distracted driving, the law promotes hands-free driving. Among the actions prohibited by the law are:
- Holding a phone or device with any part of the body
- Texting or emailing
- Watching videos
- Recording videos
In other words, any use of a phone or electronic device that requires holding the object is prohibited, including balancing the phone on a shoulder. That means that if a driver violates the hands-free law and causes an accident, the driver can be held responsible by law. It also means that if you were injured in such an accident, you can pursue legal action against the driver with a civil suit.
For a free legal consultation with a texting while driving accidents lawyer serving Alpharetta, call (404) 888-8888
Evidence to Prove a Texting Driver Caused Your Accident
The obligation of a personal injury claim is to prove the other party was negligent. This requires demonstrating that the other driver was not taking the appropriate level of caution when operating their vehicle. Texting while driving certainly qualifies. The National Highway Traffic Safety Administration (NHTSA) estimates that in a mere five seconds of looking down to text, a driver going 55 mph can cover the distance of a football field. At that speed, striking another car, motorcycle, bicycle, or pedestrian can cause significant damage and injury.
However, proving that a driver was texting can require specific evidence. Part of any injury claim is gathering proof that your injuries were caused by the accident, which can be bolstered by hospital records, medical history, and paperwork. An Alpharetta texting while driving accident lawyer can also help your case by gathering expert testimony. On top of these usual pieces of evidence, a texting while driving case could make special use of witnesses, phone records, and police reports.
Witnesses
Personal injury cases rely on witnesses to provide a bigger picture of an accident. Multiple perspectives add important texture to a case and are especially crucial in a distracted driving claim. Witnesses could be:
- Passengers in either car
- Other drivers
- Bystanders
By interviewing people who saw the accident occur, your attorney can get an idea of the road and traffic conditions, movements made by the vehicles, and accounts of seeing the at-fault driver texting at the time of the incident.
Police Reports
Part of the reason it is so important to consult the police following an accident is because it will result in an official police report. Even for fender benders and minor rear-end collisions that you think do not merit filing a report, you could find yourself more injured than you originally thought; the full effects may not be felt until 48 hours after the accident. A personal injury claim can be more challenging without that official record, so be sure to call the police after you have been in an accident.
A texting while driving case can use police reports to highlight who was at fault, since an officer may issue a citation against the responsible driver. Depending on the situation, the officer might have made a note of texting being a contributing factor. The other party might also have made mention of it in their statement. Texting while driving cases can result in criminal charges thanks to the hands-free law, which will also be essential evidence for your personal injury lawsuit. Your attorney can gain access to the police report and use it to further advocate for your claim.
Phone Records
Obtaining the text records of the other driver from a cell phone company can provide critical support for your injury claim, showing the actual messages being exchanged at the time of the accident. It will be hard for the other party to argue with official timestamps. Bader Scott Injury Lawyers can take the steps necessary to obtain these records to help prove the other driver was driving and texting when they struck you. Call our office today at (404) 888-8888.
Alpharetta Texting While Driving Accident Lawyer Near Me (404) 888-8888
How Our Texting While Driving Accident Lawyers Can Help
Any legal claim can be stressful. Personal injury claims carry the especially stressful potential for pressure from insurance companies. Like any other business, insurance companies are concerned with not losing money. That includes paying victims of accidents caused by their insured drivers. The at-fault driver’s company may offer lowball settlements to make the case go away. If not, they will likely try to prove your injuries are less serious than you claim, or they were caused by something other than the accident.
An attorney can provide a buffer between you and the other party. Your texting while driving accident attorney will determine what your case is worth, review settlement offers, and speak with insurance companies and representatives on your behalf.
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Get a Free Consultation Today with the Office of a Texting While Driving Accident Attorney in Alpharetta
Texting while driving has serious consequences. Unfortunately, your personal injuries demonstrate that. They also demonstrate that you were wronged and could be entitled to compensation. If you are facing medical expenses, missed work, and changes to your life because of a distracted driver, an Alpharetta texting while driving accident lawyer can gather the necessary evidence to pursue a personal injury claim.
Bader Scott Injury Lawyers understands the tremendous physical strain suffered by injury victims, as well as the emotional toll of fighting for justice after an accident. You do not have to face this matter alone. We are here to help so call our office today to receive a free consultation at (404) 888-8888.
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