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 Atlanta car accident lawyer with the Law Office of Dwayne L. Brown fights 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.
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 and how the accident happened.
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.
Damages You May Demand Following Your Auto Accident in Atlanta
When distracted driving results in an injury accident, 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 Atlanta distracted driving attorney 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.
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 believe a distracted driver injured you, 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 Atlanta distracted driving attorney works on contingency, so you pay nothing unless we win.
Call today.
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.
Law Office of Dwayne L. Brown
Address: 3390 Peachtree Rd NE, Suite 1100 Atlanta, GA 30326
Phone: (404) 476-8462
Opening Hours: Available 24/7
