When drivers fail to keep their eyes on the road and pay attention to operating their vehicle, accidents occur. If you sustained injuries in an accident with a distracted driver, Bader Law Injury Lawyers could help you prove negligence and seek compensation.
Our Carrollton distracted driving accident attorneys can investigate your crash, represent you throughout your insurance claims or lawsuits, and aggressively pursue financial awards on your behalf.
What Is Distracted Driving?
Anything that pulls your attention away from the act of driving is a distraction. According to the Centers for Disease Control and Prevention (CDC), there are three primary types of driver distractions:
- Visual, which causes a driver to take their eyes off the road.
- Manual, which results in a driver taking their hands off the wheel.
- Cognitive, which happens when a driver’s mind is not on driving.
Examples of driving distractions include:
- Texting
- Talking on the phone/looking at a phone screen
- Eating
- Grooming
- Daydreaming
- Using navigation or stereo systems
- Passengers
- Sights outside of your vehicle
For a free legal consultation with a distracted driving accidents lawyer serving Carrollton, call (404) 888-8888
Georgia’s Distracted Driving Laws
According to the Georgia Department of Driver Services, convictions for distracted driving have increased dramatically over the past decade. In 2010, there were just over 2,000 convictions statewide – by 2021, more than 57,000 drivers were found guilty of a distracted driving violation.
O.C.G.A. § 40-6-241 outlines Georgia’s distracted driving laws. Much of the statute focuses on rules regarding wireless communication devices. The law states that while operating a vehicle, drivers cannot:
- Hold or physically support a communication device with any part of their body
- Write, send, or read any type of electronic communication, including texts, emails, or instant message
- Watch a movie or video on any wireless or stand-alone electronic device
- Record or broadcast a video
- Use headphones or earbuds for any purpose other than conducting voice communications.
- Reach for a device in a manner that causes them to leave a seated driving position or remove their seatbelt
Carrollton Distracted Driving Accident Lawyer Near Me (404) 888-8888
Pursuing Compensation from the Distracted Driver Who Caused Your Crash
Distracted driving is negligent driving, and those who injure others due to their inattention should pay for the damages they cause. Our attorneys can help you pursue:
Economic Compensation
Economic compensation is the term used to describe your actual, out-of-pocket expenses. These awards include all past and future costs associated with your medical treatment, lost income, and more, including:
- Emergency transportation by ambulance
- Emergency department care
- Hospital and doctor fees
- Therapy and rehabilitation
- Medications, medical devices and equipment
- Surgeries and follow-up care
- Lost income
- Lost benefits and retirement contributions
- Loss of future earning capacity
- Vehicle repair or replacement expenses
- Miscellaneous losses, including the value of household services
Noneconomic Compensation
Noneconomic damages provide financial awards for intangible losses related to your overall quality of life. You may qualify for compensation for physical, mental, and emotional complications, including:
- Loss of enjoyment of life
- Stress
- Scarring and disfigurement
- Loss of a bodily function
- Depression
- Mental anguish
- Inability to participate in work, activities, or hobbies
- Insomnia
- Chronic pain
- Anxiety
Compensation for the Wrongful Death of Your Loved One
If your loved one suffered a fatal injury in an accident caused by a distracted driver, you might have a wrongful death case. In Georgia, the deceased’s spouse, child, or parent (in that order) can file suit. If there are no qualified survivors, we can help you seek compensation on behalf of your loved one’s estate and next of kin.
You can pursue awards the deceased could have won in a personal injury lawsuit had they lived, including medical expenses and lost wages. You may also qualify for compensation for the loss of your loved one’s care, companionship, and support.
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Proving Liability in Distracted Driving Accidents
To achieve a successful case outcome, you must prove that the driver who caused your accident did so because they were not paying attention. We can help you show that distracted driving caused your accident using evidence, including:
- Eyewitness statements
- Physical evidence from the scene
- Police reports
- Crash reconstruction data
- Photographs, surveillance video, and dashcam footage
We will review evidence, work with relevant experts, and apply our knowledge of Georgia law to build a case proving a distracted driver is at fault for your accident and injuries. Additionally, there are a few simple things you can do to increase your chances of a successful settlement or verdict:
- Seek medical treatment and follow doctor’s orders – If you did not receive medical care at the time of your crash, you should see a doctor as soon as possible. This is important for your health and creates an official record of your injuries. Once you receive treatment, make sure you follow your doctor’s orders. Failing to do so could give the insurance company reason to deny your claim.
- Save your bills, receipts, and proof of expenditures – We want to help you recover every penny owed to you. To do so, we need proof of your expenses. Make sure you save your accident-related receipts, bills, and pay stubs showing your lost income.
- Keep a record of your pain and suffering – To maximize your pain and suffering awards, it may be helpful to keep a daily diary detailing your pain levels and mental and emotional state. You may also want to keep a list of ways your injuries interfere with your day-to-day life.
- Limit communications with the insurance company – It is in the insurance company’s best interest to settle your claim as fast as possible for as little as possible. Do not allow an insurance adjuster to bully you into a lowball settlement or provoke you into saying something they could use against you later. If the insurance company contacts you, refer them to your attorney.
- Do not wait too long to get started – In general, the sooner you can start on your insurance claim, the better. If we must take your case to court to achieve fair compensation, we must file your personal injury or wrongful death lawsuit within two years, according to O.C.G.A. § 9-3-33.
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Bader Law Injury Lawyers Can Get Started on Your Case Today
Call our law firm to learn more about how a Carrollton distracted driving accident attorney can serve you. We offer free consultations and take cases on contingency.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
