When people drive while checking or sending texts, eating, applying makeup, or other distracting activities, they are behaving negligently—without regard for others’ safety. As such, when distracted driving causes an accident, the negligent driver can be held liable for resulting damages.
If you suffered injuries in a distracted driving accident in Decatur, a lawyer from Bader Scott Injury Lawyers could fight to recover your damages from the negligent driver’s insurance company. We will even take your case to court, if necessary, to get you the compensation and justice you deserve.
What is Distracted Driving?
The Centers for Disease Control and Prevention (CDC) offers a simple answer to this question. According to this organization, a distraction is “anything that takes your attention away from driving.” This definition casts a rather large net. The CDC breaks things down further by identifying three primary forms of distraction:
- Visual: The driver is forced to take their eyes off the road to complete some task.
- Manual: The driver must remove at least one hand from the steering wheel to manipulate some type of device.
- Cognitive: The driver engages in some thought or activity that takes his mind and focus off the task of driving.
According to the CDC, both the duration and frequency of any given distraction will impact the effect that distraction has on the driver. A task that is only mildly distracting, if done frequently, or for longer periods could prove just as risky as a more complex task that is done infrequently or for short durations.
Either way, if distracted driving led to the accident that caused your injury, the law is on your side when it comes to recovering damages from the offending driver.
For a free legal consultation with a distracted driving accidents lawyer serving Decatur, call (404) 888-8888
You Shouldn’t Have to Pay for Injury-Related Damages
Georgia’s personal injury laws say that if you suffer injuries in an accident caused by another person’s negligence, you can demand compensation from the negligent party. Plaintiffs in personal injury cases involving distracted driving can seek many different types of damages.
The amount you might collect for your accident will depend on the type and extent of your injuries, as they will dictate the losses you experience—and thus the amount of compensation you might recover.
Examples of the types of damages often associated with motor vehicle collision injuries include the following:
- Doctors’ and surgeons’ fees
- Ambulance costs
- Prescription medicines
- Physical rehabilitation/therapy
- Replacement services
- Lost income and benefits
- Diminished future potential earnings
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Emotional stress
Filing a Wrongful Death Case
If your loved one passed away as the result of injuries they sustained in a distracted driving accident, you have the right to pursue a wrongful death action against the negligent driver. The compensation from this action can help you cover funeral and burial costs and many other damages. These can include any that your loved one could have recovered in a personal injury lawsuit (had they survived their injuries).
An attorney from Bader Scott Injury Lawyers can help you with your wrongful death action.
Decatur Distracted Driving Accident Lawyer Near Me (404) 888-8888
How Distracted Driving Causes Serious and Costly Injuries
When you deconstruct a distracted driving accident, the distraction’s root consequence is a delayed response to a given situation on the road. The situation could involve a sudden stop or slowed traffic, debris on the road, a crossing pedestrian—the list goes on and on. Because the driver is distracted, they do not detect the roadway situation in a sufficient time to react to it.
This means that a great many distracted driving collisions happen at high speeds. Correspondingly, higher speeds translate to a greater force of impact from a roughly 4,000-pound vehicle, which transfers to the other vehicle(s) and their passengers.
With such great forces at play, it does not come as a surprise that distracted driving accidents can cause serious, if not fatal, injuries.
Types of Injuries From Distracted Driving that Could Result in Damages
Examples of types of injuries commonly associated with distracted driving include:
- Brain damage
- Organ damage
- Broken bones
- Crush injuries
- Spinal cord injuries
- Loss of limbs
- Severe burns
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Why a Distracted Driver Can Be Held Liable for Accident Injuries
Legislators take the issue of distracted driving very seriously. Each state drafts its own laws that prohibit behaviors that invite distraction while driving. In Georgia, for example, OCGA §40-6-241 bans the use of handheld devices while operating a motor vehicle.
These and similar bans were implemented because legislators understand these behaviors’ extreme risks to anyone sharing the road with a distracted driver. According to the National Highway Traffic Safety Administration (NHTSA), more than 3,100 people were killed in distracted accidents in 2019.
Understanding the Police Crash Form
When a motor vehicle accident happens in Decatur, the police who arrive to investigate the crash will complete a police crash report form. According to the Governors Highway Safety Association (GHSA), this form contains at least one category for designating whether distracted driving played a role in the collision.
If the law enforcement officer who investigated your crash indicated on their form that distracted driving facilitated or caused the accident, your Decatur lawyer could use this information to support their argument of negligence and causation, which goes a long way toward establishing your personal injury case.
You Have a Limited Amount of Time to Take Legal Action
Most states restrict the amount of time a person has to file a lawsuit for any type of motor vehicle collision. This is referred to as the statute of limitations. In Georgia, an accident victim has around two years to take legal action under OCGA §9-3-33.
Keep in mind that a lot generally happens before this type of matter is taken to court. First, your lawyer must:
- Investigate the accident
- Interview witnesses
- Gather evidence
- Collect proof of your damages
Next, your attorney will present your damages to the insurance company of the distracted driver. This usually initiates the negotiation phase of your case. Only after the insurer fails to agree to a fair settlement will your lawyer proceed with a lawsuit. Given this complex and time-intensive process, you might decide to hire legal counsel.
Our Lawyers Serve the People of Decatur Through Distracted Driving Case Counsel
Bader Scott Injury Lawyers are ready to help you recover damages in your distracted driving case. We work on contingency, which means you pay our legal fees when (and if) we recover an award on your behalf.
Call us today for a free consultation at (404) 888-8888.