Texting while driving is one of the most dangerous distractions on Georgia roads. Even a glance at a phone can increase the risk of driver distraction, leading to collisions. If you get hurt in an accident involving a negligent driver who was texting behind the wheel, review your legal options with a texting while driving accident lawyer in Atlanta.
Van Sant Law has recovered hundreds of millions of dollars in compensation for our clients, including those injured in auto accidents involving individuals who were texting while driving. Our car accident lawyers in Atlanta can evaluate your case and, if warranted, represent and advocate for you as part of an insurance claim or a personal injury lawsuit.
Give our Atlanta accident attorneys the opportunity to handle your car crash claim or lawsuit. With our client-focused approach, we will make sure that you are supported at each stage of your case. To learn more, request a free consultation.
Why Hire a Lawyer for Your Texting While Driving Accident Case in Atlanta?
Hire a texting while driving accident attorney in Atlanta to help you prove fault and seek fair compensation through a claim or lawsuit. Some of the ways your attorney can assist you with your case include:
- Investigating your accident to find out how the incident occurred and what you’ve incurred in losses
- Gathering a driver’s smartphone or cell phone records, witness statements, accident scene photos, dashcam footage, police and traffic camera footage, police reports, accident reconstruction reports, social media posts, medical records, and other evidence
- Negotiating the terms of a settlement with a liable party or their insurance company
- Bringing your case in front of a judge or jury if a trial is needed
As you search for Atlanta personal injury lawyers, consider Van Sant Law. Our legal team has decades of combined experience, and we can use what we know to help you recover compensation for your texting while driving accident losses. Contact us today.
How Van Sant Law Helps Clients Pursue Their Desired Results in Atlanta Texting While Driving Accident Cases
The car accident attorneys at Van Sant Law are responsive, compassionate, and accessible. In your texting and driving case, we will build a legal strategy tailored to your situation, from investigation to settlement or trial.
For example, a Van Sant Law client was rear-ended on Georgia State Route 400 (GA 400) by a driver who ran a red light while texting recovered thousands of dollars in economic and non-economic damages for their medical expenses, lost wages, pain and suffering, and other losses after phone records subpoenaed by our team proved liability.
Phone records don’t lie. When a driver was texting at the moment of impact, we subpoena those records immediately and use them to build an airtight case.
Understanding Texting While Driving Accidents in Georgia
Interstate 285 (I-285) and Peachtree Street are high-distraction corridors, per data from the Georgia Department of Transportation (GDOT). Depending on the circumstances, a violation of Georgia’s distracted-driving law may be relevant to establishing negligence.
According to the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-241, drivers cannot write, read, or send text messages while driving. The law includes exceptions for certain emergency communications. Meanwhile, hands-free technology for voice-to-text is allowed in Georgia.
An Atlanta texting while driving lawyer can share FAQs and other resources on Georgia laws that apply to your case. In addition to explaining texting while driving and hands-free device laws, your attorney can teach you about Georgia rules and regulations for filing lawsuits.
How Much Time Do You Have to File a Texting While Driving Accident Lawsuit in Atlanta?
Per O.C.G.A. § 9-3-33, if you have been injured in an accident in which the other motorist was texting and driving, you generally have two years to file a lawsuit, although various exceptions can apply. This statute of limitations applies to personal injury lawsuits handled in the Fulton County State and Superior Courts.
If you have lost a family member in a fatal accident caused by a motorist who was texting and driving, you typically have two years from the date of death to sue. An Atlanta texting while driving accident attorney can explain who can file a wrongful death lawsuit and whether you’re eligible to move forward with this option.
Civil cases in the State Court of Fulton County must be filed electronically through authorized vendors like eFileGA or File & ServeXpress, with rare exceptions. Atlanta texting while driving accident lawyers can guide you through the process of filing your lawsuit in alignment with state law.
How to Prove That a Driver Was Texting and Caused Your Accident
Atlanta texting while driving accident attorneys can collect evidence from a wide range of sources to support your case for compensatory damages. This helps your lawyer prepare an argument designed to prove to a judge or jury that a motorist violated their duty of care by engaging in distracted driving and that their actions led to your accident, injuries, and losses.
Your lawyer can utilize phone record subpoenas to request cell tower data and other information that can be used to strengthen your case. They will also account for the 72-hour process covering phone record preservation letters and insurance hold letters.
Outside of these things, your attorney will consider spoliation relative to your case. Spoliation refers to the destruction, alteration, or failure to preserve evidence that may be relevant to anticipated or pending litigation. In Fulton County courts, proving spoliation can shift the leverage in a lawsuit.
What Modified Comparative Fault Can Mean to Your Case
Per O.C.G.A. § 51-12-33, modified comparative fault applies to personal injury lawsuits. If you sue a driver for injuries from a texting and driving accident and are less than 50% liable, you can recover damages, but these can be reduced by your percentage of fault. Alternatively, if you’re 50% or more at fault, you cannot recover damages.
Your personal injury attorney can detail modified comparative fault and how it can impact your case results. As your lawyer develops your argument, they want to be able to illustrate to a judge or jury that the other motorist involved in your accident was negligent and should cover your tangible and intangible losses from the incident.
Will Your Insurance Company Cover Your Losses from an Accident Caused by a Driver Who Was Texting?
Georgia operates under an at-fault system for car insurance. In this system, whether your insurance company will cover your losses from an accident involving a distracted driver depends on your coverage. If you don’t have appropriate coverage and someone else is at fault, you can request compensation from this individual through their insurer or a lawsuit.
Based on O.C.G.A. § 33-4-6, insurance policyholders can recover penalties and attorney fees if an insurance company wrongfully refuses to pay a valid claim. Car accident lawyers can give you information about bad faith insurance claims and how to file one.
What to Do After a Texting and Driving Accident in Atlanta
Call 911, and medical personnel can come to the scene to evaluate you and bring you to Grady Memorial Hospital, Piedmont Atlanta Hospital, or another hospital as needed. Furthermore, police officers can collect information from you and others involved in the incident. You should also get the contact, driver’s license, and insurance information of the other driver.
Treat your whiplash, traumatic brain injury (TBI), and other injuries from your accident and continue to do so for as long as your doctor recommends. You can meet with a lawyer with texting and driving case experience as well, since doing so can help you decide whether now is the right time to proceed with an auto accident claim or lawsuit.
You should use Atlanta Police Department (APD) SR-13 procedures if your accident occurs within Atlanta city limits and no one was injured, all drivers involved remain at the scene, and the vehicles involved have minor to moderate damage but are still drivable. In this situation, the drivers in your accident must complete a self-reported SR-13 Personal Report of Accident form.
Get Our Texting While Driving Accident Lawyers in Atlanta on Your Side
How you deal with the ramifications of a distracted driving accident in which the other motorist was texting can have far-reaching effects on you and your family. Seek legal guidance and support from texting while driving accident attorneys in Atlanta, and you can take the first step toward pursuing compensation for your losses from the incident.
Van Sant Law has proudly served Georgia residents since 2008. Allow us to assess your distracted driving accident case. Our personal injury attorneys are ready to fight for the compensation you deserve from anyone liable for your auto accident and injuries.
Reach out to us for more information about how we can help you with your texting and driving accident case. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
