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Injured because of a distracted driver? What to do next?

Donald Singleton
January 5, 2021

All distracted drivers are considered threats to everyone on the road. Distracted driving became even more problematic with these smartphones, social media applications, cameras, and the mania of picturing everything you do. If you have suffered injuries in an accident caused by a distracted driver, contact personal injury attorneys in Atlanta, GA, for advice immediately.

According to the National Highway Transportation Safety Administration (NHTSA)’s report, in 2018, the number of people killed by distracted driving is 2,841. Unsurprising, 400,000 is the estimated number of people injured in crashes involving distracted drivers in 2018.

In just 9 months of 2020, an estimated 28,190 people died in motor vehicle traffic crashes. More information is provided in the Early Estimate of Motor Vehicle Traffic Fatalities for the First 9 Months (Jan–Sep) of 2020.

Photo by Dan Gold on Unsplash

What counts as distracted driving in Georgia?

Anything that causes a driver to become distracted and not entirely focused on the road is considered a distraction under Georgia law.

According to ExplodingTopics.com, we can see an increasing global search over the time of the distracted driving topic. Their definition seems straight to the point – “engaging in other activities while driving that distract your attention and compromise everyone’s safety”.

Main types of distractions

Centers for Disease Control and Prevention (CDC) categorized three main types of distractions:

  • Visual – This occurs when you take your eyes off the road and mirrors – reading text messages or looking up directions, for example. Your brain has a limited ability to perform two tasks at the same time, says CDC.
  • Manual – This type of distraction involves all the actions that cause drivers to take their hands off the wheel. For example, reaching for things inside the vehicle, adjusting the radio, applying makeup, eating and drinking, using handheld devices.
  • Cognitive – Cognitive distractions occur when you mind off driving. In other words, when you remove your focus away from safe driving. Here, CDC gives us the following examples: talking on the phone, arguing with passengers, thinking about appointments.

What are the most common driving distractions?

Texting and Driving

In 2018, Georgia enacted the hands-free law, which prohibits holding a phone while driving. A violation of this law will most likely result in a fine or points added to one’s license for their first violation of the hands-free law.

Talking to passengers

Passengers in your car can distract you. If you talk to them or engage with them by looking through your mirrors (taking your eyes off the road) or taking at least one hand off the wheel, you are considered a distracted driver. 

GPS systems

Fidgeting with your GPS while driving can lead to distracted driving. If your hands are on your device and not your steering wheel, you may cause an accident.  

Changing music tracks/radio stations

Even though most cars have all the controls on the wheel, it is expected that people take a look at the name of the song or radio station or use the audio panel to adjust the volume or change the music. It only takes a second or two, but it is a distraction that can have serious consequences.

Adjusting interior controls

Similar to the above, adjusting the temperature and airflow direction or plugging in your phone are small but essential distractions.

Eating or drinking

Time is never enough, so it is not uncommon for people to get a coffee cup and a snack on the go. Looking aside to take another sip of coffee while driving is another distraction. On top of that, the risk is even higher as your hands are off the wheel holding a hot liquid or a sandwich.

Smoking-related distractions

Smokers are subject to one more distraction. Lighting up a cigarette, and each time you smoke while driving, can take you out of focus for a few seconds.

Other distracted driving behaviors

There are many other behaviors that led to similar crashes, these include:

  • Capturing photos and making videos;
  • Checking emails or calendar appointments;
  • Engaging with people in social media;
  • Playing handheld games;
  • Having a chat with people using Facetime-like applications.

Most common distracted driving injuries in Georgia

We’ve done the research for you to gather the information from different sources to get you informed with these. The most common are the following:

  • Scalp or facial lacerations;
  • Paralysis;
  • Traumatic brain injuries;
  • Head or neck injuries;
  • Spine and spinal cord injuries;
  • Broken bones and different fractures;
  • Loss of limbs or severed limbs;
  • Internal organ damage;
  • Severe burns.

Main types of compensation for distracted driving crashes in Georgia

Those who have been injured due to distracted drivers, should not be responsible for their own losses. The full purpose of the personal injury claim is to obtain reasonable compensation for his or her no expensive collision consequences. Our Atlanta car accident lawyers carefully checked the circumstances and consequences of each situation we took to ensure that all possible forms of damage were included in the claim, which ultimately covered adequate compensation.

These injuries include (but not limited to):

  • Medical costs;
  • Hospitalization bills;
  • Rehabilitation bills;
  • Cost to repair (or replace) your vehicle;
  • Lost, missing, or reduced income due to your injuries;
  • Out-of-pocket expenses;
  • Emotional pain and physical suffering.

Who is at fault in a distracted driving accident?

If a person causes a wreck due to distracted driving, they can be held legally responsible for the damages they cause. This means the distracted driver can be responsible for paying damages, usually through their insurance provider. If injuries occur, a claim and a civil liability lawsuit may be filed against the distracted driver. Singleton Law Firm LLC has over thirty (30) years of experience with these types of claims and can help recover all of the damages you are entitled to. 

Avoid distractions and stay away from accidents

Were you hit by a driver who was on their phone? Singleton Law Firm LLC. can help to gather evidence to support your claim. Evidence such as cellphone records and witness accounts may help to prove your claim and increase your damages. Singleton Law Firm LLC can help obtain monetary compensation for all injuries, medical bills, and other losses. We can help you build a strong case to be presented to the insurance company if you are hit and injured by a distracted driver.

Donald Singleton

Donald Singleton

Author

A Georgia native, Don founded Singleton Law Firm in 1999 as a continuation of his lifetime commitment to serving his state and community. He has concentrated his trial practice to representing victims of serious injury and wrongful death arising out of trucking, car, bus and motorcycle accidents, premises liability and a wide variety of other causes.

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