Although it is something most of us do every day, driving requires our full attention. A distracted driver endangers his own life and the lives of those around him. The Atlanta car accident lawyers of The Angell Law Firm fight to get the compensation injured Georgians deserve. If you have been injured by a distracted driver, you may be entitled to damages.Distracted Drivers Pose a Threat to Everyone
A distracted driver can cause an accident in a number of ways. According to the Georgia Department of Public Health, there are more than 10,000 accidents each year in Georgia caused by drivers who disregard a stop sign or traffic light. In Fulton County alone, an average of 7,000 accidents are caused each year as a result of a driver’s failure to yield. Disregarding stop signs, failing to yield, or drifting into another lane are just a few possible consequences of distracted driving.Georgia Law Helps Victims Hold Distracted Drivers Liable
A person injured by a distracted driver has a legal right to seek compensation for her injuries. One of the most common ways to do this is by filing a negligence lawsuit. To prevail in a negligence lawsuit, Georgia law requires the plaintiff to prove:
- The distracted driver owed the plaintiff a duty;
- The distracted driver breached that duty; and
- The plaintiff’s injuries were proximately caused by the defendant’s actions.
In a distracted driving negligence case, the first two elements are often straightforward. All drivers owe to everyone else on the road a duty to drive reasonably given the circumstances. This duty does not require a driver to driver perfectly; however, reading a text message, playing with the radio while failing to keep an eye on the road, or turning around to talk to friends in the back seat are all examples of behavior that likely breaches this duty. If the plaintiff’s injuries were caused in an accident caused by a driver engaging in this conduct, the distracted driver can be held liable.
A person injured by a distracted driver may have a viable claim even if she was partly at fault for the accident. Georgia law allows plaintiff who is less than 50 percent at fault for the accident to collect a portion of her damages. Ask a knowledgeable attorney if you believe you may have been partly at fault for your accident.Those Injured by Distracted Drivers May Seek Damages
A plaintiff who files a negligence claim against a distracted driver and wins her case is entitled by Georgia law to certain types of damages. The primary type of damages compensates the plaintiff for her financial and physical injuries. Prevailing plaintiffs can be reimbursed for their medical bills, lost wages, and other direct costs of the accident. Other compensatory damages compensate the plaintiff for more subjective injuries, such as pain and suffering or emotional distress.We Hold Distracted Drivers Accountable for Their Actions
A distracted driver who injures another person can be held accountable for his choice to endanger others. The Atlanta car accident attorneys of The Angell Law Firm can help you get the money you deserve from the distracted driver who caused your injuries. We have significant experience doing the same for other injured Georgians. To schedule a free case evaluation, call (770) 217-4954 or visit our contact page.