When motorists text while driving, they can cause accidents that result in serious injuries and financial setbacks. Distracted driving accidents can happen anywhere in Marietta, from busy intersections to heavily traveled roads throughout Cobb County.
If you’ve been hurt in a crash caused by texting or another form of distracted driving, Jones & Swanson will lead your case. Our Marietta car accident lawyer will take the time to understand your situation, answer your questions, and explain the next steps.
Backed by 50+ years of combined experience and over $50 million recovered for clients, we know how to hold texting drivers accountable. Our Marietta texting while driving accident lawyer will see your case through from start to finish. Call today for a free consultation.
Our Marietta Texting While Driving Car Crash Lawyers Will Seek to Recover All Your Damages
Our Marietta personal injury lawyer will talk with you about all the financial losses and intangible hardships you’ve been burdened with as a result of the crash. We will listen to your story and determine which damages you should receive from a claim.
Depending on how the car wreck has affected you, we will pursue your losses, which can include:
- Medical expenses
- Physical therapy costs
- Lost income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
The damages accident victims can recover depend on their situations. We will take every loss into account and determine how much to pursue from the insurance company on your behalf.
Our Legal Team Will Handle Your Case While You Recover
Our texting while driving personal injury lawyer in Marietta understands the challenges these cases can present and will work to build the strongest claim supported by the facts and evidence.
Insurance companies do not automatically accept fault simply because an accident occurred. In many cases, insurers look for ways to dispute liability or reduce the value of a claim.
A Jones & Swanson lawyer handling distracted driving claims will:
- Fully investigate the accident
- Review police reports, photographs, video footage, witness statements, medical records, and other proof
- Obtain and analyze available cell phone records and electronic evidence when appropriate
- Represent you in court if necessary
- Offer clear legal guidance throughout the process
- Work on a contingency fee basis
You pay us only if we recover damages for you.
Proving Fault in a Georgia Distracted Driving Accident Claim
Proving fault is one of the most important parts of a distracted driving accident claim. While a motorist may not admit to texting, other evidence can help establish what happened before the collision.
More than one type of evidence may be used in a distracted driving case. Photos, videos, witness statements, traffic camera footage, surveillance video, vehicle data, accident reconstruction analysis, cell phone records (when available), and other records can help explain how the crash happened.
Texting while driving accidents often involve rear-end collisions, intersection crashes, lane departure accidents, and other crashes caused by delayed reaction times. A driver who looks away from the road for only a few seconds may miss traffic signals, slowing vehicles, or other hazards.
Can You Still Seek Damages if You are Partially At Fault?
Georgia follows a modified comparative fault system. If more than one person contributed to an accident, each party’s share of fault may be considered when damages are awarded. A distracted driver’s actions may still support a claim even when fault is disputed.
Three Types of Distracted Driving
Texting while driving is often described as one of the most dangerous forms of distracted driving because it can involve three different types of distraction at once:
- Manual distraction, which affects a driver’s ability to keep both hands on the wheel
- Visual distraction, which takes the driver’s eyes away from the surrounding traffic
- Cognitive distraction, which shifts the driver’s attention away from driving
We will work to show that the other driver’s distraction caused them to operate their vehicle negligently. Establishing this connection between the distraction and the collision is often a key part of recovering damages.
How Georgia’s Hands-Free Law May Support Your Car Accident Claim
In Georgia, drivers generally cannot hold or support a wireless device while operating a vehicle. Manually writing, reading, or sending text messages while driving is illegal.
Activities such as using apps, scrolling through social media, eating, or focusing on passengers instead of traffic can take a driver’s attention away from the road and increase the risk of a collision.
Getting Medical Help After a Crash Without Health Insurance
We will help you get medical care, even if you don’t have health insurance. We work with medical doctors who are willing to accept a payment arrangement while legal cases are pending.
Many victims of car accidents worry about how they will pay for medical care, especially if they do not have health insurance. Delaying treatment, however, can make it harder to identify injuries and begin the recovery process.
We will help you review your options with medical providers who work with accident victims on a payment arrangement. While you get care, we will work toward a settlement from the insurance company. Call us for a free consultation.
Injuries We See in Texting While Driving Accident Claims
Some injuries seen in texting while driving accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Whiplash and neck injuries
- Soft tissue injuries
- Internal injuries
Wrongful Death Damages in Fatal Texting While Driving Cases
When a family loses a loved one because a distracted driver chose to take their attention away from the road, the emotional and financial consequences can be overwhelming. If your family member died in a crash, we are deeply sorry for your loss.
Our Marietta wrongful death lawyer helps families understand what they may be able to recover after a fatal crash. Surviving family members may be able to pursue damages related to their loss, including funeral and burial expenses, lost income, medical treatment costs, and other losses.
What to Do After a Crash Involving a Distracted Driver
After a texting while driving car accident, seek medical attention and report the crash if possible. If your condition allows, photographs of the vehicles, roadway conditions, and visible injuries may help preserve important details about the collision.
Keeping records of medical treatment, expenses, and time missed from work may also be helpful as your claim moves forward. It is also a good idea to speak with a Jones & Swanson personal injury lawyer early in the process.
If an insurance company contacts you, be careful about discussing fault or your injuries before you fully understand your legal options. Statements made early in the process can sometimes be used during a review of a claim. We will talk to the insurance company for you to protect the value of your claim.
Georgia’s Filing Deadlines for Texting While Driving Injury Cases
If you or a loved one has been hurt in a texting while driving collision, you have a set time to sue for damages. Undern Georgia Code § 9-3-33, you have two years from the accident date to file a personal injury lawsuit against the negligent driver.
Speaking with our lawyer for texting and driving accidents in Marietta soon after a crash allows an investigation to begin while the evidence is still available.
If you don’t file a lawsuit by the statute of limitations deadline, you risk losing your right to pursue damages. Reach out to our team ASAP after a wreck so we will have enough time to file before the deadline.
Get Help From Our Marietta Distracted Driving Accident Lawyer
A distracted driver’s decision to look away from the road can leave people dealing with injuries, medical bills, and more. If you were hurt in a texting while driving car accident in Marietta or anywhere in Cobb County, Jones & Swanson is ready to help.
At our Georgia firm, we invest resources into your claim because your recovery matters to us. Unlike big-box firms, we guide you through a personal injury claim or personal injury lawsuit and support you throughout your case.
Call for a free consultation to learn how our Marietta texting while driving car accident lawyer will deal with the insurance company and lead your case.
