Atlanta Distracted Driving Accident Attorney
A study conducted by both the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute revealed that an overwhelming 80% of collisions involve a driver distraction.
Distracted driving happens anytime a motorist takes their focus off the road, even for a moment. When their eyes leave the road, the driver could cause an accident that results in substantial losses. If you’ve experienced a recent accident in Atlanta and you think distracted driving may have played a role, then it’s important to get in touch with an Atlanta distracted driving accident lawyer to learn more about your options. You could be eligible for compensation if someone else’s distracted driving caused the crash.
What Counts as Distracted Driving?
Before you reach out to an attorney, you might want to learn more about what is considered distracted driving under the law. In Georgia, motorists have a legal duty to provide for the care and safety of everyone else on the road. That means they are expected to keep their eyes on the road and remain as vigilant as possible. Distracted driving occurs anytime a driver fails to uphold their duty of care and takes their eyes or mental focus off the roadway.
Car accidents that involve distracted drivers can lead to serious losses for those involved. Since the driver isn’t paying attention to the road, they likely didn’t have time to correct or avoid a collision, meaning the impacts are going to be even more severe than if the driver had at least attempted to minimize the impact of a collision.
What Distractions Lead to Car Accidents?
Several behaviors contribute to distracted driving. Some of the most common distractions that lead to car accidents include:
- Talking on a cell phone
- Texting and driving
- Using a GPS or navigation system
- Eating while driving
- Changing the radio station
- Reaching around the vehicle for objects
- Talking to passengers
- Cognitive distractions (getting lost in thought, emotional distress)
In general, you should never attempt multitasking while driving. You might feel competent doing two things at once, but it’s a known fact that your brain can only focus on one of those tasks fully at one time. Driving requires your full attention. Never avert your focus unless it’s absolutely necessary to do so.
Statistics on Distracted Driving Accidents in Atlanta
Georgia ranks 6th for deadly driving distractions. Even when these distractions aren’t fatal, they can lead to serious, life-altering injuries and losses.
Unfortunately, Atlanta ranks as one of the top cities for distracted driving. Distracted drivers are about 12 times more likely to rapidly accelerate, 7 times more likely to hard brake, and 21 times more likely to speed.
If you do travel through Atlanta, then you’re statistically safer when you drive during a morning commute.
Who’s Most Likely to be Injured in a Distracted Driving Accident?
Statistically, younger drivers are more likely to be impacted by distracted driving. One of the main reasons for this is because younger generations are more likely to utilize technology, which is a main driver of distracted driving.
Pedestrians
Pedestrians are one of the most vulnerable populations when it comes to getting injured in a distracted driving accident. Unfortunately, pedestrians have very little protection against vehicles, especially one that’s traveling at high speeds. That said, pedestrians who are involved in distracted driving accidents often sustain severe, permanent, and even fatal injuries.
Cyclists
Bicyclists are another category of individuals that are adversely affected by distracted driving crashes. Like pedestrians, bicyclists have very little protection when they are hit by a moving vehicle and usually sustain very serious injuries as a result.
Passengers
Distracted drivers that cause an accident could injure their passengers when a crash happens. Recent studies have shown that rear passengers might be in more danger in certain types of accidents, including head-on collisions.
Other Motorists
Distracted driving can also injure other motorists on the road when the distracted driver collides with another car. These other motorists can pursue compensation from the responsible driver.
Injured in a Distracted Driving Accident in Atlanta? Here’s What You Need To Do
Have you recently experienced injuries in a car accident in Atlanta? Do you think distracted driving may have played a role? If so, then you need to know what to do after a distracting driving accident to ensure that your right to file a claim is upheld. Below, we’ll go over a few key things that you need to do.
Call the Police
First, call the police. You should always involve the authorities when you’ve been in an accident with injuries. For one, the police will make sure to bring emergency medical responders that can help with any immediate medical needs. For another, the police will document what happened in an official police report, which will be important evidence you may need if you later file a claim. What’s more, the police will also start an investigation into what happened and may record evidence that proves distracted driving may have contributed to or caused your accident.
Gather Information
If your accident led to injuries and losses, then your next step needs to be gathering up all the information that’s relevant to your case. You should get a copy of the police report, any medical bills or diagnoses you receive, repair estimates that prove your property damage, and any other documents that show your losses or prove fault in the accident. All of this information will serve as crucial evidence in proving your claims.
Consult with a Distracted Driving Attorney
Next, consult with an Atlanta car accident lawyer about what happened. An attorney will help you identify your options, build up your case, negotiate with the other party, and secure the settlement you’re entitled to receive. An attorney will also help you maximize your claim by identifying potential damages you can seek out, helping you secure the right evidence, and strengthening your claim.
Contact Your Insurance Company
After an accident, it’s also important to contact your insurance company. If you haven’t consulted with an attorney yet, then your best option is to inform your insurer about what happened but do not go into detail about your injuries or fault. Tell the agent you will provide more details as they become available. If you have hired an attorney, then let your lawyer negotiate on your behalf with the insurance agent.
Who is Liable for Your Injury?
Georgia’s courtrooms operate on an at-fault basis. The party who is considered to be more than 50% at fault for the accident will be considered liable for your injuries. In the case of distracted driving, it’s typically the distracted driver who will be considered at-fault, legally liable, and financially responsible for the accident.
Georgia does utilize a modified comparative negligence standard, which means that you can still file for compensation if you were partially at fault for the accident as long as the other party was more than 50% at fault. Your settlement award will get reduced based on your percentage of fault, though.
Georgia Distracted Driving Laws
In Georgia, having a cellphone in your hand or needing to support your phone with your body when you’re on the road is considered a traffic violation due to Georgia’s hands-free law. This law also applies to drivers who are stopped at stop signs.
How a Distracted Driving Accident Attorney Can Help Recover Damages
An Atlanta distracted driving accident lawyer can help you recover damages by assisting you in identifying potentially liable parties, investigating what happened, creating a strong case based on the evidence you secure, and negotiating with the responsible party.
Call Singleton Law Firm for a Free Consultation
Do you believe that your recent car accident might have been caused by the other party’s distracted driving? Are your losses significant? If so, then it’s time to get in touch with an Atlanta distracted driving accident lawyer who can help you go over your options.
The right lawyer will help investigate what happened. If distracted driving was the cause, then your attorney can help you secure the evidence you need to prove your case, document your losses, and build up your case. They’ll file your lawsuit and negotiate with the other party to ensure you get a fair settlement.
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