Texting While Driving Accidents
Car Crash Lawyers Representing Victims in Atlanta and Surrounding Cities
Texting while driving is dangerous. While texting, a driver's eyes are off the road. He may be unaware of any potential dangers, placing himself and others at risk of injury or even death. A driver who fails to be attentive to changing road conditions may cause catastrophic or even fatal injuries.
If you were a victim of a texting while driving accident, you should discuss the viability of a personal injury claim with the Atlanta car accident lawyers at Van Sant Law. We can sign up your case electronically if you are concerned about your safety, but we are also happy to visit you at your home if that is your preference.
Damages
Once liability is established, you may be able to recover damages for your injuries. Texting while driving can result in catastrophic injuries or even death. Damages may include past and future losses, both economic and non-economic.
.2409091320550.png "AVVO Superb")
Featured in the news
.2510011448177.png "CNN")
.2510011448168.png "BBC")
.2510011448163.png "CBS")
.2510011448182.png "ABC")
.2510301502081.png "FOX")
.2510301502081.png "GMA")
-
"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
- Karen J. -
"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
- Chase V. -
"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary -
"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
- Tina R. -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"The team was personable, efficient and guided me through the process with ease."
I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
- Moe
Texting While Driving Accidents
Texting requires visual and cognitive attention, as well as physical attention. A driver who texts while driving at 55 mph may travel the distance of a football field while performing an act that is equivalent to driving blindfolded. A driver's ability to react to changing road conditions may result in braking too slowly to avoid an accident. For example, if a driver is unexpectedly cut off by another driver while texting and driving, he may rear-end the other driver.
It is illegal to hold a cell phone in your hand while driving in Georgia. While voice-to-text is allowed, drivers are not allowed to write, read, or send text messages or social media posts even if they have hands-free technology. Under O.C.G.A. 40-6-241.2, nobody who is 18 or older or who has a class C license is permitted to drive on any highway or public road of Georgia while using a wireless telecommunications device to read, write, or send any text-based communication. The law does not apply to reporting a traffic accident or another emergency circumstance.
If you were injured by a driver who was texting, you may be able to recover damages through a personal injury lawsuit. Usually, these lawsuits are pursued under a theory of negligence. To establish liability, your attorney would need to show that the other driver breached the duty to use reasonable care by texting, and thereby caused your injuries. However, you may be able to establish negligence per se when there is a violation of a statute. An act may be negligent “per se" when it violates a law that was designed to protect you. Georgia courts apportion an award of damages among everyone who is liable, according to each party’s percentage of fault. This makes it very important to bring into a lawsuit all the potentially responsible parties.
There are several ways to prove that someone else was texting while driving. Cell phone records may be subpoenaed. There may be witnesses to the other driver texting while driving. In some cases, there may be evidence stored on a police dashboard camera, another driver’s cell phone, or a security surveillance camera. It may be appropriate to retain an accident reconstruction expert when an accident was complex and there is a possibility that one or more drivers were using their cell phones before the collision.
You should be aware that a defendant's insurer may try to pin the blame on you if there is any indication that you were negligent. Georgia follows a rule of modified comparative negligence. You can be barred from recovering damages if you were 50% or more responsible for the accident. It is important to talk to an attorney before you speak to an insurance adjuster for another party in the accident.
Contact an Atlanta Attorney After a Serious Crash
If you sustained injuries due to a texting while driving accident in Georgia, you should consult the seasoned personal injury attorneys at Van Sant Law. Our firm understands how devastating the aftermath of an accident can be.
We represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at (800) 234-9556 or complete our online form.
