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Sandy Springs Distracted Driving Accident Lawyer
Our Sandy Springs distracted driving accident lawyer team has a deep understanding of Georgia personal injury law and the legal processes surrounding auto accident cases. An accident attorney from our law firm can help you navigate your personal injury claim with confidence and precision, ensuring you receive the best possible outcome for your case.
If you or a loved one have been injured in a car accident caused by a distracted driver, you may be able to file a personal injury claim and seek compensation for your losses. The Sandy Springs auto accident attorneys at Ashenden & Associates are here to fight for the justice and compensation you deserve.
Call an experienced distracted driving accident lawyer at 770-394-8909 to schedule a free consultation.
What is Distracted Driving?
Distracted driving encompasses any activity that diverts the driver’s attention from the primary task of driving. While the driver’s distraction may appear harmless, each poses a significant risk of causing more accidents. Distracted driving is a major factor in various incidents ranging from minor property damage to catastrophic injury or a fatal car accident.
What are the 3 Types of Driver Distractions?
There are three main types of driver distractions: visual distractions, manual distractions, and cognitive distractions.
Visual distractions occur when a driver takes their eyes off the road. Manual distractions involve activities that cause a driver to remove one or both hands from the steering wheel. Cognitive distractions occur when a driver’s mind wanders away from the task of driving, impairing their ability to focus on the road.
Common Distracted Driving Habits
There are many distracted driving actions that cause drivers to momentarily stop paying attention, but some are more common. Below are some of the most common distracted driving habits that drivers fall into.
Cell Phone Use
Using cell phones while driving is a highly dangerous distracted driving habit. Even with hands-free options, the cognitive distraction associated with cell phone use can impair reaction times and decision-making abilities.
Texting While Driving
Another common distracted driving habit is texting while driving. Texting while driving requires visual, manual, and cognitive attention, making it a triple threat on the road.
Texting while driving may only take the driver’s eyes off the road for a few seconds, but at increased speeds, this increases the risk of a distracted driving accident.
Personal Grooming
Personal grooming activities like applying makeup, brushing hair, or adjusting clothing can result in a dangerous situation. These distracted driving habits require manual dexterity and visual attention, diverting the driver’s visual and manual focus away.
Engaging With Other Passengers
Interacting with children or other passengers in the vehicle is a major cause of car accidents. Engaging in lively conversations, turning to face other passengers, or attempting to manage children in the backseat can all take driver’s attention away from the road, increasing the risk of a distracted driving accident.
Georgia Distracted Drivers Law
In order to curb distracted driving and help protect motorists from distracted driving accidents, Georgia enacted their Hands-Free Driving law. This law states that no driver shall:
- Physically hold or support a cell phone or stand-alone electronic device (unless it’s an earpiece, headphone device, or smartwatch)
- Write, send, or read any text-based communication on a cell phone or stand-alone electronic device while driving
- Watch a video or movie on a cell phone or stand-alone electronic device (unless for navigational purposes)
- Record or broadcast a video on a cell phone or stand-alone electronic device (unless it’s used solely for continuous video surveillance or broadcasting, like a dash cam)
In addition to the above restrictions, it is illegal for commercial vehicle drivers to:
- Use more than one button on a cell phone or other communications device to start or stop voice communications while driving on a highway
- Reach for a cell phone or stand-alone electronic device in a way that requires them to no longer be in a seated driving position or be properly restrained by a seat belt
Is Texting and Driving Illegal in Georgia?
Yes, texting and driving is illegal in Georgia. The state’s Hands-Free law prohibits drivers from engaging in any form of text-based communication while operating a vehicle. In Georgia, someone caught texting and driving can be fined:
- Up to $50 for first offenses
- Up to $100 for second offenses
- Up to $150 for third offenses
Can You Sue a Distracted Driver in Georgia?
Yes, in Georgia, if you’re involved in an accident with a distracted driver, you can file a personal injury claim against them. Georgia is an at-fault state. This means if the other driver is responsible for the car accident (caused by distracted driving or not), you can file an insurance claim with the at-fault driver’s insurance company.
However, claims with the at-fault party’s insurance company often don’t cover all of a victim’s losses. In this case, you can file a personal injury lawsuit for additional damages. Working with an experienced Sandy Springs personal injury attorney can greatly enhance your chances of obtaining compensation for your losses. At Ashenden & Associates, we offer a free consultation for distracted driving accident victims.
Personal Injury Claims for Distracted Driving Accidents in Sandy Springs, GA
Personal injury cases for distracted driving accidents operate under the legal framework of negligence. So, to recover damages in a distracted driving accident, the victim must prove that the other driver was distracted (the other driver acted negligently), which led to the car accident, and the accident caused the victim’s subsequent losses.
Under Georgia Law, as long as the victim is less than 50% at fault for the accident, they still have the right to pursue compensation from the other driver.
Proving that the at-fault driver was distracted during the accident can be tricky. Our Sandy Springs accident attorney team is adept at gathering evidence, combing over phone records, local video surveillance, expert opinions regarding the accident scene, EMT accident report, police report, police officer statements, and testimony from other witnesses.
How a Distracted Driving Accident Lawyer Can Help With Your Personal Injury Lawsuit
Our distracted driving accidents lawyer team can play a crucial role in helping you understand your legal options while filing a personal injury lawsuit against the at-fault driver. An experienced distracted driving accident lawyer understands how to investigate accidents caused by someone else’s negligence. They can help prove the other driver was distracted and will also be able to negotiate with your own insurance company as well as the insurance company of other drivers.
A Sandy Springs personal injury attorney can build a strong case and calculate the damages you’ve suffered. This will help you pursue compensation for medical bills and other losses. If your case goes to court, the legal team will advocate for your rights in court.
If you’ve been injured in a distracted driving accident in Sandy Springs or Atlanta, Georgia, don’t navigate the legal process alone. At Ashenden & Associates, our experienced Sandy Springs car accident lawyers offer a free case evaluation and are here to help you every step of the way.
Compensation for Distracted Driving Accidents in Sandy Springs
If you have been injured in a distracted driving accident, our Sandy Springs personal injury attorney team may be able to recover compensation for:
- Medical expenses
- Lost wages
- Physical pain and suffering
- Emotional trauma
- Vehicle damage
- Permanent disability
- Funeral and burial expenses, in the event of wrongful death
Any car accident or truck accident can result in serious and even catastrophic injuries, so it’s important that you receive full and fair compensation for your losses. A Sandy Springs wrongful death attorney or injury lawyer from Ashenden & Associates can help you seek compensation from distracted drivers.
Call a Sandy Springs Distracted Driving Accident Lawyer at Ashenden & Associates Today
If you or a loved one has been injured in a distracted driving accident, it’s important to seek legal representation as soon as possible. At Ashenden & Associates, P.C., our dedicated attorneys deeply understand Georgia personal injury law and have years of experience handling personal injury claims, including auto accident claims involving a distracted driver.
We understand how devastating car accidents can be for victims and their families. From evaluating evidence to negotiating with insurance companies and even advocating for your rights in court, we will be by your side every step of the way.
Call an experienced driving accident lawyer at 770-394-8909 or contact us online to schedule a free legal consultation with a member of our team.
