Driving on the roads and highways requires constant and undivided attention. The driver needs to keep their eyes on the road to ensure their own safety, the safety of the passengers they carry in the car with them, as well as the safety of other road users including pedestrians and other drivers. The law in Atlanta considers anything that prevents a driver from safely operating the vehicle as a driving distraction.
Drivers on Atlanta roads have an implied legal obligation to protect human life from harm and property from damage. While you don’t have to give any verbal consent to abide by this regulation, it naturally becomes effective every time you operate a motor vehicle on the roads. The law requires that you avoid any form of distraction that could endanger your own life and the lives of people around you.
At Bader Scott Injury Lawyers, our Atlanta car accident lawyers helps victims of distracted driving accidents get compensation for the injuries they suffer from these accidents.
What is Considered Distracted Driving in Atlanta?
Distracted driving is anything that prevents a driver from fully focusing their attention on the road. This includes any one or more of the following:
- Talking or texting on a cell phone
- Eating or drinking while driving
- Grooming oneself, for instance by tying a tie or applying makeup
- Conversing with people in the car, especially if this involves turning in the seat
- Fiddling with the vehicle’s stereo system
- Reading maps
- Focusing attention on the navigation system or entering data into the car’s GPS
Any of these activities keeps a driver from paying full attention to the road when they are behind the wheel. Most of these activities are rather simple and may seem to have little effect on the driver’s attention. In practice however, they cause a driver to temporarily take their eyes off the road. This temporary action may result in an accident that harms a pedestrian, animal, the driver or their passenger(s). The driver could as well miss a red light and ram into another car, damaging it in the process.
In essence, you can only drive safely if the task of driving has your complete attention. Engaging in any activity other than driving while you are behind the wheel is tantamount to distraction and increases your risk of causing an accident.
How the Department of Transportation Classifies Distracted Driving
Visual distraction. Anything that takes your eyes off the road is visual distraction. It prevents you from seeing what’s on the road ahead so you may take appropriate action in time.
Cognitive distraction. Thinking about something else other than driving keeps your mind from being fully engaged in driving. This aspect of distracted driving keeps you oblivious of your duty on the road as a driver.
Manual distraction. Whenever you take your hands off the steering wheel while driving, your response time lowers and this may cause an accident whenever and wherever a quick response is required.
Use of cell phones while driving has become the leading cause of car accidents in recent years. This places cell phones above drunk driving as a leading cause of car accidents. This is largely because texting or talking on phone while driving involves all three forms of distraction, with texting being the worst of the two.
Atlanta Laws For Phone Use On the Road
The Georgia governor and state legislature have made laws regarding distracted driving that apply to the roads in Atlanta. These laws prohibit texting or talking on cell phones while driving. Texting is particularly a more serious form of driving distraction and threat to road safety because it lowers the driver’s reaction time by up to 35 percent. Talking on cell phones has an 18-percent lowering effect on a driver’s reaction time while driving.
Notice that it takes only 2 seconds of inattentiveness to cause a car accident on a highway (for a car going at the speed of 60 miles an hour). Considering that texting, on average, takes more than 4.5 seconds of a driver’s attention off the road, the potential to cause an accident is critically high.
What To Do In Case of Personal Injury Caused by Distracted Driving in Atlanta GA
The law in Atlanta allows you to sue any driver that inflicts personal injury as a result of distracted driving. Anyone who is injured by a distracted driver can hire a lawyer to fight for them by filing a personal injury claim against the at-fault driver.
Such a driver is considered negligent and is liable for the car accident or damages that their actions cause. The Georgia highway safety law regards the action of a distracted driver to have deviated from the standards of reason expected of a normal person, resulting in harm to another person.
Contact Us For Help With Your Distracted Driving Accident in Atlanta GA
If you have suffered personal injury as a result of an accident caused by a distracted driver, contact Bader Scott Injury Lawyers at 678-562-5595 for help. The driver is ideally liable for the accident that caused your injury. However, you still have to prove the case of distracted driving in court for your claim to be successful.
The law in Atlanta requires you, the injured victim, to provide the court with proof that your injury was the result of distracted driving and that the distracted driver is responsible. This requires you to follow particular guidelines provided in the state’s personal injury law to prove the claim. Being the injured victim in a Georgia court:
- You must prove that the distracted driver had a lawful duty to protect you from harm
- Your injuries must have been caused by the distracted driver’s negligence
- There must be proof that the distracted driver acted in violation of their legal duty to protect you from harm when s/he caused the accident that inflicted harm on you.
- You must convince the jury that you are owed damages as a result of the distracted driver’s action(s).
Without knowledge of the law, you won’t always know where to begin or how to present your claim before the courts in Atlanta. Bader Scott Injury Lawyers knows the law and can fight for you. Call them at 678-562-5595 for your free consultation.