If you have been injured in a texting-and-driving accident, you may be eligible for compensation. History has shown how dangerous texting and driving is on Georgia roadways, yet these avoidable accidents continue to wreak havoc in our communities. In fact, according to the Georgia Department of Transportation (GDOT), over 25,000 crashes were caused by cell phones or distractions in 2016 alone.
At Bader Scott Injury Lawyers, our attorneys have seen firsthand how devastating texting and driving can be. When drivers put you in harm’s way, we can be there to fight for your rights.
If you decide to retain a Carrollton texting while driving accident lawyer at our firm, we can provide numerous legal services during your proceedings, including:
- Offering legal counsel and reviewing relevant laws
- Keeping you updated on important deadlines
- Taking your legal battle to trial
- Negotiating settlements
- Assigning monetary values to your losses
- Gathering evidence and attempting to prove liability
- Working with insurance companies and examining policies.
At the end of the day, we hope our legal services give you one less thing to worry about during this stressful time in your life.
To learn more about seeking justice after a texting and driving accident, contact a Bader Scott Injury Lawyers team member today at (404) 888-8888 to receive your free consultation.
Georgia’s Hands-Free Driving Laws
Research from the National Highway Traffic Safety Administration (NHTSA) shows that texting or sending emails behind the wheel increases the risk of a crash by 23%. Lawmakers know these behaviors have no place on our roadways, which is why Georgia’s “Hands-Free Law” took effect on July 1, 2018.
According to the Georgia Governor’s Office of Highway Safety, many behaviors are banned under these cell phone laws, including:
- The cell phone cannot touch any part of your body (including your hand) while you are driving and talking on the phone
- You cannot write, read, or send text messages, e-mails, or social media content while on the road. However, voice-to-text programs are allowed
- You cannot watch videos while driving, except for GPS or navigational videos
- You cannot use your phone, or other electronic devices, to record videos behind the while, although continuous dash cam recordings are allowed
- You cannot touch your phone to open or control a music streaming app, but you are permitted to stream music that does not include videos, including streaming music through the vehicle’s radio. You must program your playlist or music streaming apps before you start driving.
For a free legal consultation with a texting while driving accidents lawyer serving Carrollton, call (404) 888-8888
Recoverable Damages in Texting While Driving Accidents
If another party was responsible for your texting while driving accident, you can seek several types of damages. Although punitive damages are available in certain cases, compensatory damages are the most common. These damages will encompass your economic and non-economic hardships.
Examples of recoverable damages include:
- Damaged property
- Loss of income and benefits
- Diminished earning capacity
- Medical expenses, including the cost of future medical treatments and ongoing care
- Mental anguish, such as damaged self-esteem, loss of enjoyment of life, loss of consortium, and more
- Accommodations for long-term disabilities
- Physical pain and suffering
As soon as possible, you should start cataloging proof of your losses – even losses that do not have traditional monetary values, such as mental anguish. If you retain a Carrollton texting while driving accident lawyer at Bader Scott Injury Lawyers, we can help you calculate these damages and assign a value to your case. In doing so, we hope your final settlement can reflect the true extent of your pain and suffering.
To learn more about calculating damages in Carrollton car accidents, contact a Bader Scott Injury Lawyers team member today at (404) 888-8888 to receive your free consultation.
Carrollton Texting While Driving Accident Lawyer Near Me (404) 888-8888
Meeting the Requirements for Punitive Damages
According to the Official Code of Georgia Annotated (OCGA) §51-12-5.1, the court may award you punitive damages if the offender displayed one of the following forms of negligence:
- Willful misconduct
- A blatant disregard for public safety.
Accordingly, punitive damages are rarely seen in civil courts. Even if you are awarded punitive damages, they cannot exceed $250,000.
These damages are governed by their own unique rules because they are meant to punish offenders. The court reserves these damages so the worst offenders receive special punishment, and the general public receives a lesson about what not to do.
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Comparative Negligence in Texting and Driving Accidents
The person who was texting while driving is not automatically liable for 100% of your injuries. If you contributed to your accident in any way, your final settlement may be limited.
As detailed under OCGA §51-12-33, you may be eligible for damages if you were less than 50% liable for your accident. If you were between 1% and 49% liable, your settlement may be reduced proportionately.
For example, if you are awarded $30,000 in damages but you were 20% liable for your accident, your new settlement will be lowered to $24,000.
Carrollton Lawyers Fighting for Victims of Texting While Driving
At Bader Scott Injury Lawyers, our attorneys have represented countless car accident victims over the years. As a result, we have worked with numerous victims and families affected by texting and driving.
Above all else, we hope a Carrollton texting while driving accident lawyer can offer you peace of mind during your legal proceedings. One of the most important things to keep in mind is that personal injury claims are subject to a unique statute of limitations in Georgia.
In accordance with OCGA §9-3-33, you must file your claim within two years of your injuries. If you fail to take legal action in a timely manner, your case may be dismissed.
Our team would love to help you better understand your legal options moving forward. To get started with your free consultation today, contact a Bader Scott Injury Lawyers representative at (404) 888-8888.