Canton Distracted Driving Accident Attorney

distracted driving

Inattentive drivers are dangerous drivers — and the statistics prove it. The most current national data shows a 10 percent spike in deaths from distracted driving accidents in a single year. And even though distracted driving is illegal in Georgia, it remains a serious problem.

According to the state Department of Driver Services, Georgia saw a whopping 2,817 percent increase in distracted driving convictions in a recent decade. When drivers pay attention to anything other than the road, the risk of a distraction-related crash increases dramatically.

Were you or someone you love hurt in a distracted driving accident in Georgia? Talk to the attorneys at Geiger Legal Group, LLC, today. Our Canton distracted driving accident lawyers can discuss your rights to compensation in a free consultation. We’ve helped Cherokee County clients recover substantial compensation for their injuries and are nationally recognized for our work by the National Trial Lawyers and the peer rating service Martindale-Hubbell.

Call or visit our contact page now for your free case review.

What Is Distracted Driving?

The National Highway Traffic Safety Administration (NHTSA) describes distracted driving as “any activity that diverts attention from driving.” There are three broad categories of distractions for drivers, which are:

  • Manual distractions: These are actions that take one or both of a driver’s hands off the wheel, such as adjusting the music or snacking while driving.
  • Visual distractions: A visual distraction is anything that takes a driver’s eyes off of the road. Sending or reading a text message or looking at a navigation device are examples.
  • Cognitive distractions: Activities that take a driver’s concentration off driving are considered cognitive distractions. Talking to other passengers in the car, making a phone call, and daydreaming would all qualify as cognitive distractions.

Some of the most common causes of distracted accidents include:

  • Talking on the phone while driving
  • Texting while driving
  • Eating or drinking
  • Checking GPS devices
  • Looking at traffic, construction, accidents in other lanes
  • Adjusting the radio or climate controls
  • Personal grooming
  • Reaching to pick up an object
  • Attending to a child or pet in the back seat

Georgia Distracted Driving Laws

Georgia passed a hands-free law to help combat the epidemic of distracted driving accidents.   It states that:

  • Georgia drivers cannot hold a phone in their hands if they’re using it while driving. The phone cannot touch any part of the body while the vehicle is moving. If you’re on a call while driving, you must use a hands-free system.
  • Drivers are not allowed to read, write, or send text messages while driving, even with a hands-free device. This prohibition also includes sending or reading emails or accessing social media. Applications that use speech-to-text are allowed.
  • Drivers are not allowed to watch videos while driving, though they can use navigation apps and similar programs.
  • Drivers may use streaming music applications while driving, as long as there are no videos on the screen. They cannot touch their phones while using a streaming app unless it is controlled by the vehicle’s radio. If you need to touch your phone to activate or program a music streaming app, you must do so before hitting the road.

Drivers who violate these laws will be fined and have points assessed added to their driver’s licenses. If their actions cause an accident that hurts another, the injured individual may be entitled to file a personal injury claim and demand compensation for their losses. If you’ve been injured, a distracted driving accident lawyer from Geiger Legal Group, LLC can fight for a full and fair recovery for you.

How to Prove a Distracted Driver Caused Your Accident in Georgia

Proving a driver was distracted at the time of an accident can be a challenge, but it’s essential if you want the best chance of securing maximum compensation for your injuries. A distracted driving accident lawyer can find and organize the evidence needed to build a strong case on your behalf. Examples include:

  • Cell phone records: If the driver was using their phone at the time of the crash, it should show up on their phone records. A lawyer can subpoena these records from the driver’s cellphone company — something that a private citizen cannot do independently.
  • Police accident reports: Sometimes, drivers admit to a police officer that they were distracted before a crash. By getting a copy of the accident report, you can use this information as part of your claim.
  • Witness accounts: It’s possible to spot a distracted driver if you’re on the road near them. They might be looking down at their phone or holding their phone up to their ear while driving. You might also notice a driver swerving or behaving erratically in the moments leading up to a crash. Eyewitness testimony is a valuable asset in distracted driving accident claims. Witnesses have no financial interest in the case, so the insurance company gives their statements more weight.

How Long Do I Have to File a Distracted Driving Lawsuit?

In Georgia, car accident victims typically have two years from the date of the crash to file a distracted driving lawsuit. Miss the deadline, and you likely lose out on recovering any compensation for your injuries. To avoid having this happening to you, speak to a Georgia distracted driving accident lawyer as soon as possible after an accident.

Hurt in a Distracted Driving Accident? Our Distracted Driving Lawyers Are Here to Help

The team at Geiger Legal Group, LLC is committed to helping you rebuild your life after a distracted driving accident. Tell us your story and learn how we will fight for the money you deserve.

Get a free case review with one of our Georgia distracted driving accident attorneys by calling our Canton office today. You can also reach us by filling out our contact form.