Distracted Driving Car Accidents in Atlanta

The term “distracted driver” has become synonymous with drivers using cell phones, but this is not the only type of distracted driving. While cell phones are a significant distraction to drivers, any activity that takes the attention of a driver can be labeled as a distraction. When distracted driving causes an injury accident, the driver may be financially liable for the injuries they cause.

The car accident lawyer with the Law Office of Dwayne L. Brown fight for the rights of victims injured by distracted drivers, seeking to obtain the maximum compensation our clients deserve. To learn more about your legal options and how our Atlanta distracted driving lawyer can help you recover, call our office or submit our online form. We provide free consultations for injury victims. Call today to learn more about your options after a distracted driving car accident in Atlanta.

Distracted Driving Is More Than Just Cell Phone Use

Any activity that takes the driver’s attention from the task of driving can be considered distracted driving. It can be one or a combination of the following:

Manual distractions: Removing the hands or feet from the controls of the vehicle
Visual distractions: Looking away from the traffic around the vehicle
Cognitive distortions: Diverting thoughts to something other than operating the vehicle

While texting and talking on a cell phone is a common cause (and illegal under O.C.G.A. § 40-6-241), common distracted driving habits could include the following:

Reading a billboard
Checking a GPS location
Using electronic devices
Eating, drinking, or smoking
Reaching for something
Adjusting the radio
Talking to passengers in the vehicle
Daydreaming

In 2022, the National Highway Traffic Safety Administration (NHTSA) stated that 3,308 people lost their lives due to distracted driving. While it is not always evident what caused a driver to take their focus off the road, cell phone use is easy to trace to the time of the accident. Other distracted driving behaviors are harder to prove. However, a personal injury attorney serving Atlanta can find the evidence to prove who was at fault for a distracted driving accident and how the accident happened.

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Our Distracted Driving Lawyer in Atlanta, GA Will Seek to Prove Negligence

If you are injured in an accident caused by another driver, the reason for the accident could be important in determining negligence. Distracted driving is considered negligence and is a behavior that should have been avoided. Our job will be to collect evidence that demonstrates the four elements of negligence in your car accident:

Duty of Care: All drivers’ legal requirements to follow traffic laws
Breach of Duty: The at-fault driver violating a traffic law
Causation: The resulting accident and injuries
Damages: The victim’s hardships due to injuries, financial losses, and emotional trauma

The evidence we seek to prove each element may include:

Police report
Eyewitness statements
Accident scene photographs
Traffic cameras, dashcams, and business surveillance
Phone records, including social media and app activity
Physical evidence, like skid marks, vehicle damage, open containers, and electronic devices
Testimonies from doctors, financial advisors, accident reconstruction specialists, and other relevant subject area experts

Once our Atlanta distracted driving accident lawyer can prove negligence, the driver may be held liable for financial damages caused by their actions.

Contact the Law Office of Dwayne L. Brown for your free consultation on your distracted driving accident case in Atlanta. Our personal injury law firm has helped injury victims like you for 30 years, obtaining over $100 million in compensation. Learn more about your legal option and how we can help by calling today.

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Confidential $1 million policy-limits settlement recovered for the family of a father killed in Alabama when a commercial driver failed to yield, causing a fatal underride collision and fire.

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Law Office of Dwayne L. Brown successfully represented a driver who was injured when an emergency vehicle negligently impeded oncoming traffic resulting in a vehicle collision.

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The Law Office of Dwayne L. Brown successfully represented the family of an infant who was injured at birth by an OB/GYN who failed to conduct an emergency c-section.

Damages You May Demand Following Your Auto Accident in Atlanta

When distracted driving results in an injury accident in Atlanta, the victim has the right to seek compensation for their injuries. Your compensation will reflect the injuries and losses you suffered. Legally referred to as damages, the types of damages in your distracted driving accident could include:

Medical expenses
Lost wages
Reduced earning potential
Property damage
Pain and suffering
Mental anguish and emotional trauma
Diminished quality of life
Loss of enjoyment of life
Disability and disfigurement

Our team will compile a complete list of economic and non-economic damages you have suffered, accounting for any continuing healthcare your injuries may require. We will submit your automobile accident claim to the liable party’s insurance company and handle all settlement negotiations.

We will keep you updated throughout the claims process, advising you on your options. If we cannot reach a fair settlement, we will take your case to court and seek a judgment and court award.

Early Evidence Loss After a Crash

Contact Our Law Firm Before the Statute of Limitations Expires

The right to file a lawsuit against the liable party to your distracted driving accident in Atlanta can be used as leverage during settlement negotiations. Though most cases settle out of court, the right to sue often allows that to happen.

Under O.C.G.A. § 9-3-33, you typically have two years after the accident to file a lawsuit. If you fail to file with the Fulton or DeKalb County courthouses, the courts could bar your case, and the insurance companies may decide not to negotiate. However, if you contact us as soon as possible, our Atlanta accident lawyer can stay on top of deadlines like these.

Know What to Do After a Distracted Driving Accident

Your next steps after a distracted driving accident could greatly influence your physical and financial recovery. We advise accident victims to always take these steps if possible:

Find a safe spot on the side of the road and check yourself and your passengers for any injuries. If possible, check on the other driver.
Call 9-1-1 and inform the operator where you are and your and your passenger’s condition.
Document the accident scene with photographs, videos, and notes.
Collect contact information from witnesses and insurance information from the other driver.
See a doctor as soon as possible and follow their instructions.

Then, contact our law office so our Atlanta distracted driving lawyer can start your case.

Our Atlanta Distracted Driving Accident Attorney Is Here for You

If you were hurt in a distracted driving car accident in Atlanta, contact the Law Office of Dwayne L. Brown for a free case consultation. We will discuss your case and advise you on your options to seek compensation for your injuries. Plus, our team works on contingency, so you pay nothing unless we win.

Atlanta Distracted Driving FAQs

What is the penalty for distracted driving in Atlanta?

For a first conviction of distracted driving in Georgia, you typically face a fine of up to $50 and 1 point on your driver’s license. Subsequent convictions result in higher fines and more points.

How can a lawyer prove that distracted driving was the cause of an accident in Atlanta?

A lawyer can prove distracted driving caused an Atlanta accident by gathering evidence like police reports noting phone use or admissions, witness statements about the driver’s behavior (swerving, inattention), cell phone records showing activity, and potentially video footage of the driver’s actions before the crash.

What types of compensation can I pursue if I’ve been injured by a distracted driver in Atlanta?

If you’ve been injured by a distracted driver in Atlanta, you can pursue compensation for various losses, including medical expenses (past and future), lost wages (past and future), pain and suffering, property damage, and potentially other related costs like rehabilitation or diminished earning capacity.

What kind of evidence is needed to prove distracted driving in Atlanta?

Evidence to prove distracted driving in Atlanta can include police reports detailing observations and citations, eyewitness testimony about the driver’s behavior, phone records showing usage at the time of the accident, dashcam or surveillance footage capturing the driver’s actions, and social media posts indicating distraction.

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