Distracted driving accidents are common in Atlanta, GA.
Scholle Law can help if you or a loved one were injured. Our injury lawyer fought and won tough auto accident cases.
Distracted driver car crashes continue to be a major cause of serious and fatal injury on Atlanta roadways. Whether you use a mobile device for work, getting in touch with friends or keeping track of the kids, smartphones can be both a blessing and a curse. The consequence of using a phone or other device while driving can be deadly for the driver, pedestrians and others on the road.
Being the victim of a distracted driving accident can leave a person feeling confused and reeling from the realization that someone jeopardized their very life in order to check their phone, text or focus on something other than the responsibility of driving.
Distracted driving accidents have happened ever since the first car was invented, long before the creation of smartphones. Distraction has always been a major factor in road crashes, stretching back to the first drivers at the turn of the 20th century. But the rate of serious and fatal distracted driving crashes has risen substantially in recent decades due, in large part, to the rise of cell phones, smartphones and social media.
These handheld devices put the world at our fingertips. Status updates or Facebook messages, texts from friends, work emails, push notifications – all of it can stream to your phone, dozens of times per minute. And it’s human nature to want to look at something new. But drivers must resist the urge to check their phones, lest they strike and kill a child playing in the road, or a biker out for a ride, or an elderly driver out for a Sunday drive.
Gwinnett county auto injury lawyers at Scholle Law have represented distracted driving victims and their families for decades. When a driver fails to pay attention to driving, serious and fatal injuries can result. If you have been injured by a distracted driver, talk to an attorney who has both the tenacity and the reputation to secure the best possible outcome for you and your family. Talk to Scholle Law.
Contact us to speak with a lawyer about your accident.We’re available 24/7 and your first consultation is free.
Call 866-972-5287 or send us a message online
Our Atlanta car accident lawyers will fight to get you maximum compensation
Charles Scholle and his team of experienced auto injury lawyers have an excellent reputation due to their hard work and the level of compassion shown to every client. Countless local individuals and families in Duluth, Atlanta, Lawrenceville and elsewhere in Georgia know that when they are injured by a distracted driver, they can rely on Scholle Law to provide the legal expertise needed to begin the slow and often difficult process of recovery.
Because the problem of distracted driving is so prevalent in this area, Atlanta accident victims should rest easy knowing that Scholle Law provides the full legal support needed to recover both medically and financially.
Our clients know they can rely on our expertise and knowledge in dealing with the law and medical issues stemming from these reckless and negligent drivers,” said attorney Charles Scholle. “Given the known dangers of driving distracted, it is important that you have the best possible advocate running your distracted driving case.
What is distracted driving?
According to the Centers for Disease Control & Prevention, there are 3 main distraction types:
- Cognitive. When you allow your mind or attention to drift from the task of driving.
- Manual. When you physically remove your hands from the steering wheel.
- Visual. When you take your eyes off the road.
Any activity that takes your mind, hands or eyes away from driving can be defined as a distraction. Fiddling with your car’s navigation, adjusting the radio station and eating/drinking behind the wheel are common examples of behavior that can endanger the lives of others on the road.
One reason why texting is so dangerous and often talked about is that it combines all 3 types of distractions outlined above.
When traveling at 55 mph, reading a text for 5 seconds while driving means you’ve taken your eyes from the road long enough to travel across a football field blindfolded.
Distracted driving statistics and research
Studies indicate that driver inattention is the leading factor in most car accidents and near-crashes. In a joint study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), researchers concluded that, “nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.”
Another study found that 50% of younger drivers admit to texting while driving just in the last 30 days, and you can bet the real results would be much more shocking since these numbers are often underreported. This data shows that many people think they can indeed safely text and drive – at any speed — and do so every time they get behind the wheel.
Let those stats sink in – and think of those who have lost their lives the next time you go to reach for your phone while behind the wheel.
Georgia laws on texting and distracted driving
Distracted driving is illegal in Georgia. According to Georgia state law:
Distracted driving includes performing any activity while driving that could distract you from safely operating your vehicle. This can include talking hands-free on a cell phone, texting, checking the radio and much more.
Distracted driver car accidents are so serious that many towns and communities in the Atlanta metro area have also banned government employees from using cell phones while on the job. For instance, school bus operators are prohibited from using a cell phone while driving passengers.
On July 1, 2018, Georgia Governor Nathan Deal signed the Hands-Free Georgia Act into law. Simply put, holding electronic devices in your hand while driving is now against the law in Georgia. The primary aim of the law is to reduce accidents caused by drivers who are distracted by their cell phone while driving. The penalties for disregarding the new law can include fines of up to $150 for those with multiple offenses and up to 3 points on your driver’s license.
Unfortunately, despite these aggressive laws, Atlanta drivers regularly ignore the rules and often drive distracted — resulting in serious car accidents.
Teens and distracted driving
While teens and young drivers certainly aren’t the only ones who are susceptible to distracted driving, research repeatedly shows that their lack of experience and peer pressure can make them more likely to drive distractedly, resulting in tragic teen driver car accidents.
For parents of teen drivers, it’s your responsibility and duty to ensure that your child understands that driving is a privilege, not a right. Distracted driving should be avoided at all costs. Make sure your teen knows that you will not tolerate texting while driving (or any other reckless driving behavior).
Distracted driving evidence, liability and damages
Following a car crash, it’s highly unlikely that the other driver is going to admit that they were texting while driving or otherwise distracted. Even if you’re pretty sure you saw them looking down and not at the road the moment before they collided with you, it may become a matter of “he said, she said” if they deny doing so.
One way our accident investigators and attorneys can help prove that the other driver was distracted is by reaching out to eyewitnesses and expert witnesses to confirm what happened. We can also request phone records to find out if the at-fault driver was using their phone around the time of the crash.
However, even so, it’s rarely a simple or easy process.
For starters, Georgia is an “at-fault” state, meaning that all drivers are liable for their share of injuries, property damage and other costs resulting from a car accident. Typically, the money owed comes from each driver’s insurance company. For this reason, determining fault in a Georgia car accident is extremely important, yet often complex and highly contested. As a victim, you must be able to prove that the other driver was responsible for the accident and your injuries.
Even if the other driver was texting behind the wheel, the judge or jury may find that you were partially responsible by not avoiding the collision — and therefore reduce your final compensation in proportion to your degree of fault.
At Scholle Law, we can fight to minimize your liability while maximizing your final settlement outcome. We can help ensure that you and your family are fully compensated for the following accident-related expenses:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering (emotional distress)
- Wrongful death
The city of Atlanta, Gwinnett County and the entire state of Georgia enforces a strict deadline on car accident lawsuits (known as the “statute of limitations”). In general, most people who are injured by another driver have only 2 years to file a claim. If you don’t file your lawsuit before this deadline, you will lose your ability to recover compensation for your damages. It takes time to prepare a compelling case on your behalf, which is why you should talk with an accident lawyer as soon as possible if you have questions about your case.