If you were hit by a distracted driver, you have the right to take legal action. Our Woodstock car accident lawyer will assist with your claim and help you seek damages.
Jones & Swanson has won more than $50 million for injury victims in Georgia. If you were injured in a collision with a distracted driver, our distracted driving accident lawyer in Woodstock will take on your case and help you pursue payment for your losses.
Why Hire Our Woodstock Distracted Driving Accident Lawyer?
Being hit by a distracted driver can be frustrating, but you don’t have to pursue justice alone.
Our Woodstock personal injury lawyers will step in and help by:
- Investigating the crash: We will review the police report, photographs, witness statements, traffic-camera footage, and other available evidence to determine why the crash happened and who is responsible.
- Calculating your losses: We will assess both your short-term and long-term damages to determine your claim’s true value.
- Handling insurance negotiations: We will communicate with insurers on your behalf and work to secure fair payment for your losses.
- Taking your case to trial, if necessary: If the insurance company refuses to offer a fair payout, we will represent you in court.
What Types of Damages Are Available?
While the exact damages available to you will depend on the specifics of your case, you can pursue:
- Medical expenses: You can seek damages for emergency treatment, hospital care, medication, rehabilitation, physical therapy, and other accident-related medical costs.
- Future medical bills: You may be entitled to damages for reasonably necessary medical care you are expected to need because of your injuries.
- Lost wages: You can seek the income you missed out on because your injuries prevented you from working.
- Diminished earning capacity: You may be entitled to additional damages if your injuries prevent you from returning to your job.
- Pain and suffering: You can seek damages for physical pain, emotional distress, and the effects of your injuries on your daily life.
- Loss of enjoyment of life: You may be able to obtain additional damages if your injuries prevent you from participating in activities you previously enjoyed.
- Property damage: You can pursue the cost of repairing or replacing your vehicle and other damaged personal property.
- Punitive damages: If the other party acted with malice or extreme recklessness, such as by fleeing from law enforcement or driving while impaired, you may be entitled to punitive damages.
What Is the Deadline to File a Car Accident Lawsuit in Georgia?
Under Georgia Code § 9-3-33, you typically have two years from the date of a car crash to file a personal injury lawsuit. If you don’t file before this deadline, you will likely forfeit the right to pursue damages through the courts.
Different deadlines can apply in limited situations, such as if your case involves injured minors or a defendant who leaves the state. Our Woodstock distracted driving accident lawyer will evaluate your case and explain how much time you have left to pursue a claim.
What If You Were Partially At Fault?
Georgia follows a modified comparative negligence rule. This means that you can only recoup damages for a car accident if your percentage of fault is less than 50%. In addition, if you share liability, your total payment will be reduced by your percentage of fault.
For example, if you are found to be 20% responsible for a crash and your damages total $50,000, your payment would be reduced to $40,000.
How Do You Prove the Other Driver Was Distracted?
Proving that another driver was distracted can be challenging. They may deny using a phone or engaging in another distracting activity. However, physical evidence and witness testimony can help establish what happened.
The police report may contain information about statements made at the scene, citations issued, road conditions, and the officer’s observations. Witnesses may also have seen the driver holding a phone, looking down, eating, or otherwise failing to pay attention before the crash.
Other types of valuable evidence may include cellphone records, photographs, surveillance footage, vehicle data, dashcam recordings, and social media activity. Our distracted driving accident attorneys in Woodstock will help collect evidence to prove that the driver who hit you was distracted.
What Are the Most Common Causes of Distracted Driving Accidents?
Distraction can take many forms. Some of the most common ones include:
- Texting while driving: Reading or composing a text message can take a driver’s eyes and attention away from traffic.
- Talking on a cellphone: Conversations can divert a driver’s attention, even when the phone is being used hands-free.
- Using social media: Looking at notifications, posts, or messages can distract a driver from the road.
- Adjusting GPS: Entering an address or manipulating a navigation application can distract a driver from changing traffic conditions.
- Eating or drinking: Handling food or beverages can interfere with a driver’s ability to maintain control of the vehicle.
- Interacting with passengers: Conversations, arguments, or other activity inside the vehicle can draw attention away from driving.
- Adjusting vehicle controls: Changing the radio, climate settings, or other controls can cause a driver to look away from the roadway.
- Looking at something outside the vehicle: A driver who becomes focused on an accident, business, person, or something else outside of the car may fail to recognize a hazard ahead.
What Injuries Can Distracted Driving Accidents Cause?
Distracted driving crashes can cause severe injuries, such as:
- Whiplash and other neck injuries
- Back and spinal cord injuries
- Fractured bones
- Concussions or other traumatic brain injuries
- Internal injuries
- Cuts and lacerations
- Shoulder and knee injuries
- Nerve damage
- Burns
Steps to Take After a Distracted Driving Accident in Woodstock
What you do after a motor vehicle accident can affect your ability to pursue damages. If possible, you should:
- Call 911: Report the accident and request a copy of the crash report.
- Document the accident scene: If it is safe, take photographs of the vehicles, roadway, traffic signs, and any visible injuries.
- Exchange information: Obtain the other driver’s name, contact information, driver’s license information, and insurance details.
- Talk to witnesses: Ask witnesses for their names and contact information.
- See a doctor: Get evaluated by a medical professional, even if your injuries initially seem minor.
- Avoid admitting fault: Do not apologize for the accident or make statements suggesting that you caused the collision when speaking to police or insurance adjusters.
- Be careful with insurance companies: Do not give a recorded statement or accept a payment from the insurance company before talking to our attorneys.
- Keep track of your losses: Document missed work, out-of-pocket expenses, medical treatment, and how your injuries affect your daily activities.
- Speak to our lawyers: Consult our attorneys to learn more about your legal options.
Consult Our Distracted Driving Accident Attorneys in Woodstock
Evidence can disappear fast after an accident. If you were injured in a crash with a distracted motorist, our Woodstock distracted driving accident attorneys at Jones & Swanson will help gather evidence to prove liability and pursue the compensation you deserve.
Book a free case evaluation to find out how you can hold the driver who hit you accountable.
