Texting while driving is not only dangerous but illegal in Georgia. Nevertheless, many drivers think they’re immune to distractions. It’s extremely easy for these distracted drivers to make a mistake and cause a devastating accident.
If a distracted driver injured you, you should speak to our Austell car accident lawyers at Jones & Swanson. We will investigate your case and pursue an injury claim against the responsible driver. With our help, you may be able to claim the cost of your medical expenses, lost work income, and other losses.
Contact our offices online or call today to speak to our texting while driving accident lawyers in Austell about your case.
Why Texting and Driving Causes Accidents
Texting and driving is an extremely common cause of car accidents because it splits driver attention and effectively reduces their reaction time. When texting, drivers’ attention is divided threefold between driving, reading, and writing messages, so attention is taken off the road.
This lack of attention translates into longer reaction times and stopping distances. It takes about three to four seconds to read the average text message. Assuming highway speeds of 60 mph, your vehicle will travel nearly the distance of a football field in those few seconds. That lapse in attention is sufficient to make the difference between an accident and no accident.
Laws About Texting and Driving in Austell
Georgia’s Hands-Free Law (O.C.G.A. § 40-6-241) prohibits all drivers from physically holding or operating a mobile phone while driving a motor vehicle. This means that texting while driving in Georgia is illegal. Drivers cannot use a phone to check, read, compose, or send text messages or emails using their hands.
If drivers use their phones while driving, it must be through a hands-free device. As such, drivers are only allowed to compose and send text messages using voice commands.
Penalties for Texting and Driving in Georgia
Texting while driving is a traffic violation in Georgia. First-time violations can carry a one-point license penalty and a fine of up to $50. A second conviction within 24 months carries two points and a fine of up to $100, and a third or subsequent conviction within 24 months carries three points and a fine of up to $150.
More importantly, violators can be liable for any injuries they cause. If a texting driver causes an accident, their liability insurance policy must cover the victim’s injuries and property damage.
How to Prove the Other Driver Was Texting
Liability for texting-related accidents can be established by showing that the at-fault driver was distracted by reading or writing text messages when the accident happened. Several types of evidence can support this claim, such as:
- Phone and text logs showing records of messages
- Forensic phone examinations
- Video recordings showing texting activity
- Eyewitness testimony and accounts
- Physical evidence of distracted driving (e.g., skid marks from stopping too quickly)
- Recorded violations of texting and driving laws
Our Austell personal injury lawyers will subpoena phone carriers for their records and send letters to preserve relevant evidence. We will also look at traffic citation records to identify texting while driving violations.
We Will Work to Secure Financial Damages
Depending on your losses, our Austell texting while driving accident lawyer will pursue damages for the following kinds of economic and non-economic losses:
- Emergency medical bills and future medical expenses
- Lost work income and employment benefits (e.g., bonuses, commissions, etc.)
- Differences in pre- and post-injury lifetime expected earnings
- Miscellaneous injury-related expenses and replacement services
- Pain, suffering, emotional distress, and mental anguish
- Reductions in your quality of life due to scarring or disfigurement
Time Limit for Filing a Lawsuit in Georgia
Georgia’s statute of limitations places a two-year time limit on all personal injury lawsuits. This means you generally have two years from the accident date to take legal action for your injuries.
Two years might sound like a long time, but it can pass quickly if you are not staying on top of your case. The best option is to start as early as possible by talking to our lawyers. Our team at Jones & Swanson will promptly begin the claims process and work to move your case forward as efficiently as possible.
Contact Our Texting and Driving Accident Lawyers in Austell
A single texting driver can completely throw your life into chaos, leaving you in financial and emotional distress. Our team at Jones & Swanson is here to provide both legal and moral support as you navigate your difficult circumstances.
Our texting and driving accident lawyers in Austell believe your voice should be heard and that you deserve a chance to make up for your losses.
Send us a message online or call today to schedule a free case consultation. Our lines are open 24/7, so feel free to call whenever it’s convenient for you.
