A distracted driving accident can create complicated legal issues on top of the physical pain you must endure. You may require weeks or months to recuperate from your injuries, and you could lose out on income when you can’t work. That can mean long-term debt.
If another driver failed to pay proper attention to the road and caused the collision, you have the right to pursue financial damages. Our distracted driving accident lawyers in Austell will work to hold a negligent motorist accountable for your hardships.
At Jones & Swanson, we’ve won over $50 million in payments for our clients. You don’t have to deal with insurance companies alone. Learn more about how our Austell car accident lawyers will help you during your free, no-obligation consultation. Call now to get started.
What Counts as Distracted Driving in Georgia?
Distracted driving occurs when a driver’s attention is diverted away from safely operating their vehicle. Georgia law addresses the use of electronic devices while driving under the state’s hands-free driving requirements. Distractions generally fall into three categories:
- Visual distractions happen when a driver takes their eyes away from the roadway.
- Manual distractions occur when a driver removes their hands from the steering wheel.
- Cognitive distractions happen when a driver’s focus is no longer on driving safely.
Some behaviors involve multiple types of distraction at the same time, making them especially hazardous. Our Austell personal injury lawyers understand how to investigate accidents to determine what the other driver was doing at the time of the crash.
How Do You Prove a Driver Was Distracted Before a Crash?
Establishing that distraction caused an accident requires careful investigation and evidence. Insurance companies often conduct their own review of an accident, and their conclusions may not fully reflect the facts. We will conduct an independent investigation and review evidence.
- The police report may provide useful information, but it is not the only source of evidence in a distracted driving claim.
- Information from a driver’s phone may be relevant when phone use is suspected.
- Witness accounts can provide insight into what occurred immediately before the collision.
- In some cases, dashcam or surveillance footage may help establish whether the driver was paying attention at the time of impact.
- Testimony from accident reconstruction professionals can provide an additional perspective.
Our distracted driving accident attorneys in Austell will work to identify and preserve important evidence before it becomes unavailable. We will evaluate the circumstances of the collision and determine whether the other driver’s actions were among the top distractions while driving.
What Damages May Be Available After a Distracted Driving Crash?
A successful distracted driving claim may allow you to secure damages for losses caused by the accident. The amount of damages available depends on the nature of your injuries, the effect those injuries have on your daily activities, and the financial impact of the crash.
- Damages may be available for emergency treatment, hospital bills, rehabilitation, and other medical expenses related to the accident.
- A claim may include future medical costs associated with ongoing care or injuries that require long-term treatment.
- You may be able to secure damages for lost income resulting from time missed from work because of your injuries.
- Damages may also be available if your injuries reduce your ability to earn income in the future.
- You may be entitled to receive the costs associated with repairing or replacing property damaged in the accident.
- A claim may include damages for pain and suffering and other non-economic losses caused by the accident and resulting injuries.
In rare cases, you may be entitled to punitive damages. Courts award these as a way to punish the defendant for especially reckless or illegal behavior and deter them from acting in a similar way in the future.
What Is the Deadline for Filing a Distracted Driving Lawsuit in Georgia?
Georgia law places strict deadlines on personal injury lawsuits. Per Georgia Code § 9-3-33, in most cases, an injured person has two years from the date of the crash to take legal action. Some exceptions to this rule could make the deadline shorter or longer in your situation.
Insurance companies often begin reviewing claims soon after a crash occurs. Our Austell distracted driving accident lawyers will communicate with insurance companies, evaluate payment offers, and manage your personal injury claim from start to finish.
Waiting too long to start the process can make collecting evidence more difficult and might result in losing your right to take legal action, so we encourage you to reach out to us as soon as possible.
Talk to Our Distracted Driving Accident Attorneys in Austell
A distracted driving accident claim requires a careful analysis of liability and damages. The fact that another driver received a citation or admitted fault does not always determine the outcome. The evidence must show how the driver’s conduct caused the collision and the resulting harm.
Insurance companies may challenge the cause of an accident or the value of an injured person’s claim. Our distracted driving accident attorneys in Austell will protect your rights and help identify the issues that matter most when seeking damages.
Our team at Jones & Swanson has more than five decades of legal experience. We are your hometown law firm that gets big results. Contact our office today to schedule a free consultation and discuss the circumstances of your accident.
