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Being involved in a car accident can be a stressful experience – factor in the situation where you suspect the other driver might have been texting on their phone. Studies have shown that cell phone use while driving has become commonplace.
According to information provided by the National Highway and Traffic Safety Administration (NHTSA), distracted driving has become a leading cause of vehicle crashes in the U.S. Much of this distraction is attributed to texting while driving.
Nearly all drivers (93%) surveyed by the American Automobile Association of America (AAA) in 2022 believe texting or emailing while driving is very or extremely dangerous. Despite this, 37% of drivers admitted that in the prior month, they had read a text or email while driving—and another 27% admitted to typing one while driving.
Legal Implications of Car Accidents Caused By Texting While Driving
If you are in a car accident in Georgia caused by another driver who was texting while driving, there are several legal implications to consider:
- Violation of Georgia’s Distracted Driving Laws: Georgia has strict laws against distracted driving, including texting while driving, and under the Hands-Free Georgia Act, holding a phone or using any part of your body to support a phone while driving is illegal. This includes texting, making calls, or using social media.
- Establishing Negligence: You must establish that the other driver was negligent for a personal injury claim. In the context of texting while driving, the driver’s actions would likely be considered negligent per se, meaning their violation of the distracted driving laws automatically qualifies as negligence.
- Evidence Collection: To prove that the other driver was texting at the time of the accident, you may need to gather various types of evidence:
- Witness statements: Testimonies from people who saw the other driver texting.
- Police report: The official report may note if the driver admitted to texting or if there were other indications of distracted driving.
- Cell phone records: Subpoenaing the driver’s phone records can provide concrete evidence of texting activity during the crash.
- Surveillance footage: Video evidence from nearby cameras can also support your claim.
Compensation for Damages And The Comparative Fault Rule For Accidents Due To Texting
If you can prove that the other driver was at fault due to texting while driving, you may be entitled to compensation for various damages:
- Medical expenses: Costs for treatment, rehabilitation, and future medical care.
- Lost wages: Compensation for income lost due to the inability to work.
- Property damage: Costs to repair or replace your vehicle.
- Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Punitive Damages: In cases where the other driver’s behavior was particularly reckless, such as texting while driving, you may be able to pursue punitive damages. These are intended to punish the at-fault driver and deter similar behavior in the future.
Georgia follows a modified comparative fault rule. If you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you cannot recover any damages.
Statute of Limitations
In Georgia, the statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. Initiating legal proceedings within this timeframe is crucial to preserve your right to compensation.
Insurance Claims
You must file a claim with the at-fault driver’s insurance company. Be prepared for the possibility that the insurance company may try to minimize the payout. Hiring an attorney experienced in personal injury and insurance settlements may ensure you receive the compensation you are entitled to.
Takeaway
If you are involved in a car accident in Georgia due to another driver texting while driving, understanding these legal implications is essential for protecting your rights and seeking appropriate compensation. Consulting with a Georgia personal injury attorney experienced in distracted driving cases can provide valuable guidance and representation. Contact Gautreaux Law for an initial complimentary consultation.