According to the National Highway Traffic Safety Administration, distracted driving is driving while conducting any other non-driving activity. This includes texting or talking on the phone.
If you were injured or lost a family member in an accident caused by a distracted driver, you may be entitled to damages. This is the legal term for financial compensation. Our personal injury team could help you recover damages.
Examples of Distracted Driving
Distracted driving doesn’t just refer to cell phone use; it can also refer to the following actions while operating a vehicle:
- Adjusting the entertainment console
- Talking to passengers
- Trying to control an animal
- Reaching for something in the glovebox
- Looking at GPS directions
- Looking at something outside of the vehicle
Georgia has Laws Against Some Forms of Distracted Driving
In 2018, Georgia passed a “Hands-Free Law” that makes it illegal for drivers to use their hands to operate any type of handheld device (including cell phones) while driving.
Information from the Governor’s Office of Highway Safety in Georgia states that:
- Drivers cannot support or hold a cell phone while driving.
- Drivers cannot send or read text messages while driving unless they use voice dictation.
- Drivers can only talk on the phone if they use a speakerphone, Bluetooth technology, an earpiece, or another hands-free device.
- Drivers cannot watch or record videos while driving.
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Distracted Drivers Can be Held Liable for Accidents
Distracted driving is negligent. Anyone who partakes in this behavior and causes an accident can be held liable for any collision-related losses. This means that they are financially responsible for expenses related to the accident.
If you were hurt in an accident caused by a distracted driver, you may be able to recover damages from that driver and his insurance company.
Damages in a Distracted Driving Case
The value of your total damages depends on how severe your injuries were and the long-term impact on your quality of life. You may be able to recover damages for your financial expenses, which are known as economic damages. You could recover damages for the accident’s negative impacts on your lifestyle, too. These are known as non-economic damages.
Here is additional information on damages:
Economic Damages Have Firm Monetary Values
Economic damages compensate you for the direct expenses and financial losses caused by the accident. You may be entitled to damages for:
- Medical expenses
- Future medical expenses
- Past lost wages
- Future lost wages
- Medical equipment
- Home modifications
- Vehicle repairs or replacement
Non-Economic Damages do Not Have Firm Monetary Values
Non-economic damages compensate you for the intangible losses you experience because of the accident. You may be entitled to these losses if:
- Your injuries cause you chronic pain.
- You are permanently disabled or disfigured.
- You lost a body part.
- Your quality of life is reduced.
- You suffer from post-traumatic stress disorder (PTSD), depression, anxiety, or another mental health condition.
Some examples of non-economic damages include scarring, disability, pain and suffering, and disfigurement.
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How Our Firm Can Help with Your Distracted Driving Case
Distracted driving cases can be complex. So, to take this legal load off your shoulders, you can partner with our Georgia law firm. Here are some ways your lawyer can help you:
- Investigate your accident: Your lawyer can collect cell phone records, pictures of the accident, eyewitness statements, police reports, and more to show that the other driver caused your accident with his distracted driving.
- Estimate your damages: Your lawyer will estimate how much your damages are worth based on your medical bills, vehicle repair or replacement bills, past wage statements, and more.
- File an insurance claim: Your lawyer will file an insurance claim along with supporting documents.
- Negotiate a settlement: Your lawyer will attempt to negotiate a settlement that adequately compensates you.
- File a lawsuit: If negotiations fail, your lawyer will file a lawsuit.
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Kaine Law has a Track Record of Success
Our team of lawyers has multiple decades of experience representing people who were injured by negligence. Our case results highlight our history of success.
Here are some results we have obtained for our clients:
- An $11 million settlement for a car accident
- A $9 million settlement for a car accident
- A $571,498 settlement for a car accident
How Long do You Have to File a Lawsuit?
You generally have two years to file a lawsuit against the at-fault driver, per O.C.G.A. § 9-3-33. If you wait too long to file, you forfeit your right to sue. This would limit your options when seeking financial recovery.
Kaine Law Can Represent You After a Distracted Driving Accident
If you were injured or lost a loved one in an accident caused by a distracted driver, you may be able to recover damage. Your medical and vehicle repair bills, lost wages, and pain and suffering are compensable damages.
The team at Kaine Law is ready to represent you. Call our office today at (404) 214-2001 for a free case review. We work on contingency, which means we collect no fees unless we win your case.