You will need evidence that supports your claim to prove an accident was caused by distracted driving. Phone records, witness statements, surveillance videos, dashcam footage, police reports, and vehicle data are all types of evidence that can support a distracted driving case.
The at-fault driver’s own statements may also help your attorney establish that distraction was a main contributor to the crash. At Van Sant Law, an Atlanta distracted driving accident lawyer can help you prove an accident was caused by distracted driving.
Proving Distraction Requires More Than an Accident
A crash by itself does not establish that another driver was distracted. There needs to be evidence connecting the driver’s conduct to the collision. That distinction matters because drivers do not always admit that they engaged in any of these behaviors:
- Looking at a phone
- Reaching for something
- Talking to a passenger
- Paying attention to something other than the road
After an accident, a driver might say they were watching traffic the entire time. An insurance company could then rely on that statement when evaluating the claim. The burden is not necessarily satisfied by simply saying, “They were texting.”
A personal injury claim generally requires evidence showing that the other driver failed to use reasonable care, that the driver’s conduct caused the collision, and that the collision caused your injuries and losses.
An Atlanta car accident lawyer from Van Sant Law can connect the evidence to these requirements.
Georgia’s Hands-Free Law Strengthens Some Claims
Georgia’s Hands-Free Law provides specific restrictions on handheld wireless telecommunications devices and stand-alone electronic devices. Under O.C.G.A. § 40-6-241, drivers:
- Cannot hold or support a wireless telecommunications device
- Cannot hold or support a stand-alone electronic device
- Cannot use either of these with any part of their body while operating a vehicle
The statute also prohibits certain activities involving writing, sending, or reading text-based communications and watching or recording videos. A violation can therefore provide evidence relevant to a negligence claim.
Still, an injured person does not necessarily need to prove that the driver received a citation. Georgia’s general due-care requirement applies even when the particular distracting activity does not result in a citation.
The question in the personal injury case is whether the driver failed to act with reasonable care and whether that failure caused the accident.
An Atlanta personal injury lawyer from Van Sant Law can examine both statutory violations and broader negligence principles when building the claim.
Comparative Fault Can Affect Your Recovery
Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. When a plaintiff is partially responsible for an injury, the plaintiff’s damages are reduced by the percentage of fault assigned to them. A plaintiff who is 50% or more responsible is barred from recovering damages.
This can become a major issue during insurance negotiations. An insurer could argue that you were speeding, following too closely, failed to react appropriately, or otherwise contributed to the collision. That allegation does not automatically make it accurate.
Evidence can help determine how responsibility should actually be assigned. Helpful evidence may include:
- Photographs
- Witness statements
- Videos
- Roadway conditions
- Other circumstances
Van Sant Law can challenge an unsupported percentage of fault and present evidence concerning the other driver’s conduct.
Deadlines Apply to Distracted Driving Lawsuits
Georgia personal injury lawsuits are subject to the statute of limitations. Under O.C.G.A. § 9-3-33, the general limitation period for actions involving injuries to a person is two years from the date the cause of action accrues, subject to some exceptions under Georgia law.
That deadline does not necessarily apply in exactly the same way to every accident. Claims involving governmental entities, minors, and other circumstances can involve different requirements and time limits.
Insurance negotiations also do not automatically stop a lawsuit deadline from running. Because missing a legal deadline can affect your ability to pursue a claim, an attorney from Van Sant Law can determine which limitation period applies and take appropriate action within the required time.
Citations Are Helpful But Not Required
A distracted driver does not necessarily have to receive a traffic ticket for an injured person to pursue a personal injury claim. Likewise, receiving a citation does not automatically guarantee compensation.
A traffic citation addresses the driver’s violation of a law. A civil personal injury claim addresses liability for the accident and the damages suffered by the injured person. The two can overlap, but they serve different purposes. Evidence that a driver violated Georgia’s distracted driving law can support the liability portion of a civil case.
The injured person still needs to establish the connection between the driver’s conduct, the collision, and the resulting losses. Van Sant Law can evaluate the entire evidence record rather than relying solely on whether a citation was issued.
Call Van Sant Law for Help Proving an Accident Was Caused by Distracted Driving
Proving that distracted driving caused your accident is about putting the evidence together. At the same time, not a single piece of evidence necessarily stands alone. Together, they can help your attorney tell the story of what happened and determine who should be held responsible.
At Van Sant Law, our attorneys will focus on identifying every potentially liable party and all avenues of compensation. Our lawyers understand that insurance companies have a financial interest in limiting what they pay, and we use our understanding of insurance defense to approach claims.
As a law firm that has served Georgia residents since 2008, we have recovered hundreds of millions in compensation for our clients. With more than five decades of combined experience, we’re ready to advocate for you. Contact us today to Make the Right Call for your case.
