Many accidents on the road are avoidable, and most are the result of distracted driving. Any time you’re behind the wheel of your car and not focused on the road, you are driving while distracted. We are all so glued to our smartphones, that most drivers are watching videos while driving down the road. Thankfully, Georgia just passed a law this year that makes the use of cellphones behind the wheel illegal. Even with this law in place, drivers are still using their phones while they are driving.
Seth Bader is a car accident lawyer in Norcross, Ga, who handles these types of cases. You have the right to travel on the road to your destination safely. It would help if you didn’t have to worry about dodging accidents from distracted drivers. If you or someone you know has been injured because of the negligence of someone else in a car accident, contact us today.
What is distracted driving?
Anytime your attention isn’t on driving counts as distracted driving. Some examples of distracted driving include: putting on makeup, eating, drinking, and talking on the phone. Texting is one of the worst things you can do behind the wheel of a car. There are so many accidents because the driver of one car was texting while driving.
Distracted driving can be broken into three categories:
– Manual. You remove your hands from the steering wheel
– Visual. You aren’t watching where you’re going
– Cognitive. You’re no longer thinking about driving
Have you ever been driving, and you don’t remember how you got somewhere? Many people don’t realize that they daydream behind the wheel. It’s a perfect example of distracted driving.
Are distracted driving accidents different than other accidents?
Yes. A distracted driving accident could have been avoided. Some car accidents are actual accidents. For example, if there is a hazard in the roadway, this is a legitimate accident. Someone running into your car because they are on their phone is just reckless behavior.
Someone I know has been injured in a distracted driving accident.
You will treat a distracted driving accident the same as any other vehicular accident. First, you need to call the police to report the incident. Then, you need to check to make sure everyone at the scene is ok. It would help if you also tried to get the information of any witnesses that saw the accident. If the other driver was distracted, make a note of what they were doing. Finally, it would help if you took pictures of the scene of the accident.
Make sure that you call the police. Some drivers will try to settle outside of the police and their insurance company. However, these people could also disappear when it is time to pay for damages. Then you are left with your damages, injuries, and no way to recover your losses.
After you have gotten checked out medically, you should contact an attorney. You have enough to deal with, without taking on your case by yourself. Hire an attorney to help you file your claim and negotiate with insurance companies.
How can you prove a driver was distracted?
It can be challenging proving that a driver was distracted. If the driver was on their phone, we could check the activity on the phone before the accident. In other instances of distracted driving, you have to rely on the testimony of witnesses.
The insurance company wants to settle.
Once you’ve been in an accident, you will be contacted by the other party’s insurance company. Remember, every call that you receive from the insurance company is recorded. Also, insurance companies don’t care about you or your injuries. They will want to settle with you for the least amount possible. Insurance companies also want to resolve as quickly as possible.
If you settle too early, you might not fully understand the scope of your injuries. Your settlement should cover property damage, your current injuries, and any future health complications as a result of this accident.
What is Georgia’s new cellphone law?
Just this year, Georgia passed a law that you can’t even touch a phone while driving a car. The phone cannot rest in your lap, and it must be put away or in a cradle. You can only touch your phone if you are at a complete stop and you’re off the road.
How long do I have to file a claim?
You have two years from the time of your accident to file a personal injury claim. However, there are some exceptions to the rule. You should contact a lawyer immediately following your accident.
How can a distracted driving Accidents attorney help me?
You have damages and injuries, and you deserve compensation. An experienced car accident attorney can help you build a case against these negligent parties. If you have been in a car accident because someone else was distracted driving, contact us today. Let’s schedule your free consultation.