There are many ways a driver can become distracted, but it only takes a second to cause an accident that changes someone’s life forever. If you were injured or lost a loved one in an accident caused by a distracted driver, the accident attorneys based in our Athens office are here to help you build a compensation claim.
With an exclusive focus on personal injury, we understand the physical, emotional, and financial pressures associated with serious accidents and work hard to ensure our clients feel supported and heard from initial consultation to case resolution. Further, we provide our services on a contingency fee basis, meaning you don’t pay unless we obtain a settlement or verdict on your behalf.
Common Causes of Distracted Driving In Personal Injury Claims
According to the American Automobile Association, over 3000 people were killed by distracted driving in 2020, with a further 400,000 injured. Leading causes of accidents cited in the article include:
- Using a cellphone
- Text messaging
- Eating or drinking
- Using in-car technologies
- Other passengers
- Personal grooming
Performing any activity that distracts someone from operating a vehicle safely in Georgia is illegal. Despite recent changes to the law and safety awareness campaigns to combat the problem, it is still a growing concern that puts other motorists, cyclists, and pedestrians at unnecessary risk every day.
For a free legal consultation with a distracted driving accidents lawyer serving Athens, call (404) 888-8888
What Are My Options For Pursuing Compensation If A Distracted Driver Hits Me?
There are several options for recovering compensation after being injured by a distracted driver; however, choosing the most suitable course of action will depend on the circumstances of your accident, such as:
- Claim against the liable driver’s insurance policy
- File a personal injury lawsuit against the at-fault driver in civil court
- Claim using your uninsured or underinsured motorist coverage if the other driver is not insured
- File a lawsuit against an employer if the employee caused a distracted driving accident while they were acting within the scope of their employment
Our injury lawyers will be able to investigate the cause of the accident to identify potentially liable parties and gather evidence to support your case. Other benefits of our legal services include:
- Managing case administration and communication with insurance companies
- Answering your questions and providing regular case updates
- Evaluating the financial impact of your injuries
- Proving your accident was caused by the other driver being distracted behind the wheel
- Negotiating for a fair settlement
- Representing you in court if when required
Keep in mind that there is limited time to begin legal action per Georgia’s statute of limitations. Per O.C.G.A. § 9-3-33, injured people generally have two years from the accident date to file a claim. Regrettably, if the deadline expires, it is unlikely the courts will hear your case, so we would always advise you to start your claim sooner rather than later.
Athens Distracted Driving Accident Lawyer Near Me (404) 888-8888
How Do You Prove Distracted Driving?
In a personal injury claim, the burden of proof rests with the party pursuing compensation; you will need to gather evidence to support your allegations against the other driver. Further, many people worry about how they will prove the other driver was distracted, believing the only evidence they have is their word about what they saw.
However, this is not the case, and there are many effective strategies we can use to help you gather the evidence required to prove your case, such as:
Analyzing Evidence Gathered At the Accident Scene
Any photos or video you take at the accident scene could help demonstrate the driver was distracted at the time of the collision. We can also seek recordings from nearby CCTV cameras, which may reveal more information about what happened in the moments leading up to the accident.
Requesting Access to the Distracted Driver’s Cellphone Records
Our attorneys can request records from cell phone companies, which can be used as evidence to support your case. For example, the phone records could show the driver was texting just before the accident.
Obtaining Witness Statements
Anyone who witnessed the accident may be able to provide valuable testimony in support of your case and help to establish what the driver was doing as the accident happened.
Reviewing Police Reports
Police reports are often used in auto accident cases. The attending officer will file a report detailing information gathered at the scene and their observations and interactions with the driver. This could include evidence of driver distraction.
Investigating Social Media Posts
Data from social media platforms, such as when a post was made or when a user was online, could indicate the driver was using social media just before the accident, so not concentrating fully on driving.
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What Is the Average Settlement for Cases Involving Distracted Drivers?
It is difficult to place an exact dollar amount on an injury claim without careful analysis of the facts of the case. No two accidents are the same, and every client we represent faces unique challenges. However, as a general guide, we typically seek the following types of compensation in personal injury cases:
- Current and future medical bills and rehabilitation costs
- Compensation for loss of income and if your job or ability to work is affected in the future
- Pain and suffering as a result of the accident
- Wrongful death
- Property loss or damage
- Any other expenses related to the accident
If you have any questions about making a claim or anything discussed in this guide, please reach out and ask. We are here to help.
We Can Help You Pursue Your Distracted Driving Accident Claim
If you were injured or lost a loved one due to an accident caused by a distracted driver, the attorneys at Bader Scott Injury Lawyers can help. We are committed to bringing value and quality of service to our clients and continually evolving our law practice to deliver legal excellence.