Distracted driving accidents can cause serious injuries and lasting emotional trauma. If you were hit by a distracted driver, our Canton car accident lawyers will help you seek damages.
Jones & Swanson has won over $50 million for injury victims in Georgia. Our distracted driving accident lawyers in Canton will help you file a claim and work to hold the negligent driver financially accountable.
How Your Canton Distracted Driving Accident Lawyer Will Help
Liability is often disputed after a distracted driving accident. Our Canton personal injury lawyers will help with your case by:
- Gathering evidence of liability: We will collect police reports, witness testimony, and other evidence to prove how the distracted driver caused the crash.
- Calculating your damages: We will assess your medical expenses, lost wages, pain and suffering, and other losses to determine the true value of your claim.
- Negotiating with insurance companies: We will handle communications with insurers, respond to offers, and challenge attempts to undervalue or deny your claim.
- Representing you in court: If the insurance company refuses to offer a fair payment, we will prepare your case for litigation and represent you in court.
What Types of Damages Can You Pursue?
If another driver’s negligence caused your injuries, you may be entitled to pursue economic and non-economic damages, such as:
- Medical expenses: You can pursue damages for emergency treatment, hospital stays, surgery, medication, diagnostic testing, physical therapy, and reasonably anticipated future medical care.
- Lost wages: You may recoup income you lost while recovering from your injuries.
- Reduced earning capacity: If your injuries prevent you from returning to your previous occupation or earning the same income, you may be entitled to damages for your diminished future earning potential.
- Pain and suffering: You can seek damages for physical pain, discomfort, and the ongoing effects of your injuries.
- Emotional distress: You can pursue damages for anxiety, depression, and other psychological issues associated with the accident.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, recreational activities, or other aspects of your previous lifestyle, you can pursue additional damages.
- Permanent disability or disfigurement: You may be entitled to damages for lasting physical limitations, permanent injuries, or visible scarring.
- Punitive damages: If the other driver demonstrated a conscious indifference to your safety, such as by driving while intoxicated or intentionally crashing into you, punitive damages may be awarded.
How Long Do You Have to File a Lawsuit in Georgia?
According to Georgia Code § 9-3-33, you generally have two years from the date of a crash with a distracted driver to bring a personal injury lawsuit against them. If you don’t file your claim before this statute of limitations expires, you will forfeit the right to seek damages for the crash.
Certain circumstances can affect this deadline. For instance, special rules may apply if your case involves injured minors, government entities, or a mentally incapacitated victim.
Your Canton distracted driving accident lawyer will determine the deadline for your case and make sure you file your claim on time.
How Do You Prove Distracted Driving?
To obtain payment for a distracted driving accident, you need to establish that the other driver’s negligence caused your injuries.
Several types of evidence may support your claim, including:
- Police reports: An officer’s report may contain statements from drivers and witnesses, observations about the collision, and information about any citations issued.
- Cell phone records: Depending on the circumstances of the crash and applicable privacy laws, phone records may help establish whether the other driver was texting, calling, or using certain applications around the time of the accident.
- Traffic and surveillance footage: Video from traffic cameras, nearby businesses, residential security systems, or other vehicles may show the collision or the other driver’s behavior beforehand.
- Dashcam recordings: Footage from your vehicle or another motorist’s dashcam may show the events leading up to the crash.
- Witness statements: Passengers, pedestrians, or other motorists may have observed the distracted driver using a phone, looking away from the road, or behaving inattentively.
- Physical evidence: Vehicle damage, skid marks, road conditions, and the final positions of the vehicles may help accident reconstruction specialists determine how the collision occurred.
- Electronic vehicle data: Certain vehicles record information about speed, braking, and other driving activity that may help investigators reconstruct the accident.
Your Canton distracted driving accident attorney will collect evidence to prove that the other driver was not paying attention to the road when they hit you.
Common Causes of Distracted Driving Accidents in Canton
Common causes of car accidents involving distracted driving include:
- Texting while driving: Reading or sending text messages takes a driver’s eyes, hands, and attention away from the road.
- Using navigation systems: Entering destinations, changing routes, or looking at navigation screens can divert a motorist’s attention from surrounding traffic.
- Eating and drinking: Handling food, opening containers, or reaching for drinks can prevent drivers from maintaining proper control of their vehicles.
- Passenger interactions: Turning to speak with passengers, managing disruptive children, or becoming involved in heated conversations can distract motorists.
- In-vehicle entertainment: Adjusting music, selecting playlists, or interacting with infotainment systems can take a driver’s attention away from the road.
- Personal grooming: Applying makeup, brushing hair, or adjusting clothing while driving can interfere with the operation of the vehicle.
- External distractions: Looking at roadside accidents, construction activity, or other distractions outside the vehicle can cause drivers to overlook hazards directly ahead.
What to Do After a Distracted Driving Accident in Canton
The steps you take after a motor vehicle accident can affect your ability to prove what happened. Whenever possible, it’s important to:
- Call 911: Report the accident to local authorities and request emergency medical assistance if anyone is injured.
- Document the accident scene: If you can do so safely, take photographs and videos of the vehicles, road conditions, traffic signs, and any visible injuries.
- Exchange information: Obtain the other driver’s name, contact information, driver’s license details, insurance information, and vehicle registration. You should also collect contact information from any witnesses present at the scene.
- Seek medical attention: Get examined by a medical professional as soon as possible, even if you don’t appear to have any serious injuries.
- Avoid admitting fault: Be cooperative with responding officers and provide accurate information, but avoid speculating about what caused the accident.
- Notify your insurance company: Report the collision to your insurer as required by your policy. Stick to the facts and don’t provide a recorded statement.
- Keep records of your losses: Save medical bills, prescription receipts, repair estimates, proof of missed work, and other documents related to the accident.
- Save evidence: Keep photographs, dashcam footage, medical records, and communications related to the accident.
- Contact our lawyers: Our attorneys will assess your situation and break down your legal options.
Contact Our Distracted Driving Accident Attorneys in Canton
It can take months to recover from a serious car crash. If you were injured in a collision with a driver who wasn’t paying attention to the road, our distracted driving accident attorneys at Jones & Swanson will handle your claim and negotiate with the insurance company so you can focus on healing.
We aren’t like the big firms that advertise on TV. We provide exceptional service to every client and work tirelessly to achieve the best possible outcome for every case. Book a free case evaluation to find out how we will help you pursue justice.
