Driver while using his mobile phone almost got hit a pedestrian.

Did a distracted driver hit and injure you in Athens, Georgia? If so, turn to attorney R. Alan Cleveland for the compassionate and aggressive representation you need and deserve. We know how serious of a problem distracted driving accidents in our community, putting the driver and other motorists, passengers, cyclists, and pedestrians at risk of severe or fatal injury. When a distracted driver injures others in an auto accident, we will be there to demand justice and fair compensation.

In this article, we discuss the problem of distracted driving, Georgia’s hands-free law, and what you should do if a distracted driver injures you or someone close to you. To discuss the specific facts in your case, call or reach us online today at R. Alan Cleveland, LLC, to speak with an experienced and dedicated Athens distracted driving accident lawyer.

How Common Are Distracted Driving Accidents in Goergia?

Unfortunately, distracted driving accidents are all too common in Georgia and the United States. The Insurance Information Institute reports 2,880 distracted driving accidents nationwide occurred in one year, leading to 3,142 deaths. Out of those crashes, 354 involved drivers who were using cell phones. Meanwhile, the Georgia Department of Transportation reports more than 13,000 distracted driving accidents occurred in one recent year on state roads, including those in Athens.

Does Georgia Have a ‘Hands-Free’ Law?

Lawmakers in Georgia have passed a hands-free law to help curb distracted driving accidents. The law went into effect on July 1, 2018. Its provisions include the following:

  • Drivers cannot hold a phone in their hand or have a phone touching any part of their body in order to talk on the phone while driving. Drivers can use hands-free systems for making phone calls.
  • Drivers cannot write, send, or read text messages, emails, social media posts, or other Internet content while driving, even with a hands-free system. The law allows drivers to use voice-to-text systems.
  • Drivers cannot watch videos while driving. However, the law allows drivers to use navigation and GPS devices.
  • Drivers cannot use a phone or other device to record video while driving, except for continuously running dash cameras.
  • Drivers may listen to streaming music without videos, but they cannot touch their phones to activate the music while driving. If a driver must touch their phone to start the music, they must do so before getting on the road.

The penalties for violating Georgia’s hands-free law include:

  • First offense – $50 fine and one point assessed against your driver’s license.
  • Second offense — $100 fine and two points assessed against your driver’s license (if the second offense occurred within 24 months of the first offense).
  • Third offense — $150 fine and three points assessed against your driver’s license (if the offense occurred within 24 months of the first offense).

How Do You Establish Liability in a Distracted Driving Case in Athens?

If a distracted driver hits you, you could be owed compensation for your injuries, damage to your vehicle, and other losses. To recover this compensation, you must prove that the other driver was distracted and caused the crash that injured you.

Proving liability can be complex. It requires an investigation into what happened to cause the crash. An experienced injury attorney will know how to investigate the crash and secure crucial evidence to build a convincing case on your behalf. To do so, the attorney might look for evidence that includes:

  • Video evidence — Dashcam or surveillance footage might show the driver was distracted at the time of the accident.
  • Eyewitness testimony — Witnesses who saw the driver using a phone or other device during the accident can provide valuable testimony that can help establish liability.
  • Phone records — Phone records can be used to show that the driver was using their phone at the time of the accident (or the moments directly leading up to it).
  • Accident reconstruction — Accident reconstruction experts can use physical evidence from the accident scene to help determine what happened and who was at fault.
  • Admissions of fault — A driver may admit to daydreaming, using their phone, talking to others in the vehicle, or otherwise being distracted at the time of the accident.

What If I Was Partially At Fault?

Some people injured in distracted driving accidents worry that they cannot recover compensation because they contributed to the crash. However, being partly responsible for an accident does not necessarily bar you from recovering compensation in Georgia.

When two or more parties share fault for an accident, state law provides that the plaintiff can recover compensation if their share of fault is less than 50 percent. In other words, you can recover compensation after a crash if the other driver bears more responsibility for the accident than you do. Our Athens distract driving lawyer can help.

What Compensation Can I Recover for Injuries Sustained in a Distracted Driving Accident in Athens?

Distracted driving accidents can lead to significant physical, psychological, and financial harm. A distracted driving accident attorney in Athens can help you to pursue compensation for your losses from a crash. The compensation may cover damages that include:

  • Medical bills
  • Lost wages
  • Reduced future earning
  • Physical pain
  • Emotional distress
  • Diminished quality of life
  • Loss of a family member
  • Damaged personal property.

How Long Do I Have to File a Lawsuit After Being Injured by a Distracted Driver?

Under Georgia’s statute of limitations on personal injury claims, you must file a lawsuit within two years of a distracted driving accident. While most personal injury cases end in insurance settlements, the threat of a lawsuit is often necessary leverage to get the insurance company to negotiate in good faith. If your attorney cannot reach a settlement that compensates you for your current and future losses, the attorney might advise filing a lawsuit before the deadline expires. Contact our Athens car accident lawyer today.

Contact an Athens Distracted Driving Accidents Lawyer

Distracted driving is negligent driving, plain and simple. If a driver failed to keep their attention on the road and injured you, you have the right to hold them accountable.  Attorney R. Alan Cleveland and his team have the skills and resources necessary to help you seek justice. Call or contact us online for a free case evaluation today.