Distracted Driving Accidents
A driver who is talking or texting on a cell phone is a distracted driver. Even if it is just for a few seconds, a distracted driver can cause a serious accident on Atlanta roadways. In fact, the top three causes of fatalities in car accidents across Georgia are speed, alcohol, and distraction. According to one study, texting and driving causes eight deaths every day. If you have been involved in a car crash with a distracted driver, contact an Atlanta car accident lawyer right away.
Atlanta laws forbid all drivers from texting while operating a motor vehicle. If the driver is under the age of 18, then he or she is also forbidden from talking on a cell phone while driving. Obviously, there are some exceptions to this law, such as if a person is calling emergency services or if an on-duty police officer is acting within the scope of his or her responsibilities. For more information about Atlanta law on cell phones while driving, see Section 40-6-241.2 of the Georgia Code.Common Injuries and Damages from a Cell Phone Related Accident
In many cases, these common and illegal activities can lead to serious car accidents. If a victim has been injured in a cell phone related accident, then he or she may be able to recover compensation in an Atlanta courtroom. Common damages and injuries may include:
- Property damage to the vehicle and the property inside the vehicle
- Broken bones
- Back injuries
- PTSD or emotional symptoms
Thankfully, the laws in Atlanta provide a recourse for those injured by a driver who was distracted by talking or texting on a cell phone. With the help of a car accident attorney in Atlanta, the injured victim must prove that the driver was behaving below the level a “reasonably prudent person” would act in similar circumstances. While it is not illegal in Atlanta, talking on the phone while driving can still fall below this legal standard of “reasonableness” in certain situations. For example, if the traffic was heavy, or if there was inclement weather or poor lighting in the area, then talking on the phone might constitute negligence.
The injured victim of a cell phone related accident will need to prove that the driver’s unreasonable behavior caused the car accident by a “preponderance of the evidence.” The preponderance of evidence standard, while rather opaque, basically requires the injured driver to show that it was “more likely than not” that the driver’s unreasonable behavior caused the accident. In layman’s terms, it must be proven to a 50.01% certainty. An Atlanta car accident lawyer can help you achieve this goal.Multiple Negligent Parties
In some circumstances, a car accident may be caused by multiple distracted drivers, or it may be originally caused by a driver on a cell phone but then made worse by a driver who was behaving negligently in another way, possibly by speeding or violating the traffic laws. The laws of Atlanta, Georgia allow for the injured driver to seek compensation from all negligent parties. Under Georgia’s comparative negligence approach to multiple negligent parties, the jury will apportion a percentage of fault to each party. Then, each party will be responsible for the percentage of damages relative to their proportion of fault.Contact a Car Accident Attorney in Atlanta
To learn about whether your specific case may fall under Atlanta’s negligence laws, contact lawyers with expertise in this area of law at The Angell Law Firm, LLC.