Every second, a driver is texting, checking their GPS, or tuning their radio on Georgia’s roadways. If you sustained injuries in a Georgia distracted driving crash caused by someone else, understanding your rights can make a big difference when it comes to pursuing the compensation you need.
Georgia’s Distracted Driving Laws
Georgia law takes a stern stance against distracted driving. The Hands-Free Georgia Act prohibits all drivers from holding a phone or using any part of their body to support a phone while driving. It is also illegal to read, write, or send texts, watch or record videos, and even reach for a device if it causes you to unbuckle your seat belt. Ignoring these laws can result in hefty fines and points on your driver’s license.
Comparative Negligence in Georgia
When it comes to distracted driving accidents, Georgia’s comparative negligence law can significantly impact your claim. This law reduces the compensation you can obtain in proportion to your percentage of fault if you’re partly responsible for a collision. For example, if you’re ten percent at fault for the crash, you can only receive 90 percent of your total compensable losses. However, if your percentage of fault is 50 percent or higher, you cannot recover any compensation at all. An attorney can gather any available evidence to reduce your share of fault and work to maximize your potential compensation.
What If the Driver Leaves the Scene of the Accident?
Hit-and-run accidents are particularly distressing, and distracted drivers sometimes flee the scene after a crash. Fortunately, Georgia law requires all drivers to stop at the scene of an accident and stay there until the police arrive. A driver who does not uphold their legal obligations can face severe criminal charges and up to five years in prison.
If a distracted driver injured you and fled the scene, you have the right to pursue an injury claim against the offending driver if the police can find them. If not, you may still be able to get your medical bills paid through your own insurance policy’s uninsured motorist coverage. State law requires insurance companies to offer uninsured motorist (UM) coverage when you purchase your auto policy. Unless you specifically decline it in writing, your policy will include UM coverage.
Compensation for Georgia Distracted Driving Accidents
When you’ve been hurt in a crash caused by a distracted driver, you can pursue compensation for your injuries and other expenses. Every distracted driving case is different, but you could be eligible to obtain money for:
- Medical bills
- Lost wages and reduced future earnings
- Pain and suffering
- Psychological distress
- Diminished quality of life
- Damage to your car or other personal property
Statute of Limitations for Georgia Distracted Driving Accident Claims
In Georgia, you typically have two years from when an accident occurred to file a personal injury lawsuit. However, there are exceptions that could shorten or lengthen this period. It’s crucial to consult with an experienced attorney immediately to protect your right to compensation.
How Our Distracted Driving Accident Lawyers Can Help
At the W. Winston Briggs Law Firm, we believe anyone injured in a distracted driving crash caused by someone else deserves a chance to recover compensation. Our dedicated Atlanta car accident attorneys are ready to fight for your rights, tackle the complexities of Georgia’s distracted driving laws, and help you seek the money you deserve.
We can investigate the accident, gather the other driver’s cellphone records and other evidence to support your case, file an injury claim, handle settlement negotiations with the insurance company, and bring your case to court if necessary. Call us today at (404) 522-1500 or visit our contact page for a free consultation.