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Pedestrian Accidents: Driving While Distracted

According to the National Highway Transportation and Safety Association, distracted driving caused 3,477 fatalities across the country in 2015. In Georgia, many pedestrian accidents are caused by distracted drivers, especially in the metropolitan Atlanta area where traffic congestion and pedestrians are both more common than in other parts of the state. An Atlanta pedestrian accident lawyer can provide further information about the exact types of situations where the damages caused by a pedestrian accident may be the responsibility of the distracted driver that caused the accident.

Common Types of Distracted Driving

Unlike driving under the influence, distracted driving is a more flexible term that describes a situation in which the driver is not completely engaged in driving the vehicle. Here are the most common types of distracted driving.

Texting While Driving

Perhaps the most notorious example of distracted driving is texting while driving, this also includes checking email, surfing the web, updating social media accounts, and any other use of a cell phone while driving that requires the driver to take his or her eyes off the road to look at the cell phone screen. Because operating a car or truck while not looking at the road is extremely dangerous, it is likely a pedestrian can recover for some of the damages incurred in a pedestrian accident caused by a driver who was texting while driving. Your Atlanta pedestrian accident lawyer can help you prove that the distracted driver involved in your case is liable for your injuries due to his or her negligence.

Calling While Driving

While not as careless as texting while driving, calling another person while driving can also be reckless or negligent, depending on the circumstances. If the driver is not utilizing a hands-free device to make the phone call, then he or she is unable to put both hands on the wheel. Further, if the driver is engrossed in a conversation, then he or she could also be liable for the accident caused by directing his or her attention to the call instead of the road.

Eating or Drinking While Driving

Another common example of distracted driving includes eating and drinking while driving. A driver cannot keep both hands on the wheel while he or she is eating a meal or holding a drink. If the driver would have been able to prevent the pedestrian accident if he or she had not been eating lunch or dinner, then it is possible that the pedestrian could hold the driver liable in court for damages.

Georgia Law on Distracted Driving

As a pedestrian accident attorney in Atlanta will tell you, Georgia has strict laws on distracted driving. Texting while driving is banned throughout the entire state. However, when it comes to making phone calls, drivers are allowed to use their phone to make calls while driving using either the phone itself or a hands-free device. However, just because the driver is following the law does not mean that he or she will not be liable for the consequences of a pedestrian accident if he or she was behaving in a negligent manner. This law does not apply to drivers under the age of 18 or bus drivers, who cannot use their phones while driving at all.

Contact a Pedestrian Accident Lawyer in Atlanta Today

If a distracted driver caused your pedestrian accident, then you may be able to recoup some of the damages under Georgia pedestrian accident law. To learn more about your legal options, you should contact an Atlanta attorney specializing in pedestrian accidents.

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