In many cases, you should hire a lawyer after a distracted driving accident because an attorney can help you handle legal matters while you focus on recovering from your injuries. Instead of taking care of your case by yourself, your lawyer can investigate the collision on your behalf.
They can also collect evidence, negotiate with insurance companies, and pursue fair compensation in your case. The sooner you contact Van Sant Law, the sooner our Atlanta distracted driving accident lawyers can start helping you.
Georgia Law Defines Distracted Driving Broadly
Georgia law does not limit distracted driving to texting. Under O.C.G.A. § 40-6-241, drivers are required to exercise due care while operating a motor vehicle and cannot engage in actions that distract them from safely operating the vehicle.
The Hands-Free Law also contains specific restrictions concerning wireless telecommunications devices and stand-alone electronic devices. That distinction matters in a personal injury case. A driver could be distracted while engaging in any of the following behaviors:
- Reaching for something
- Looking away from the roadway
- Eating while behind the wheel
- Talking with a passenger
- Adjusting vehicle controls
- Interacting with a phone
The fact that one particular activity does not result in a citation does not automatically eliminate a negligence claim. For an injured person, the central issue is whether the driver’s conduct fell below the level of reasonable care and caused the collision.
An Atlanta car accident lawyer at Van Sant Law can examine the driver’s conduct under both Georgia’s distracted driving provisions and the broader principles governing negligence claims.
Evidence Often Determines the Outcome
Distracted driving cases can turn on evidence that disappears quickly or becomes harder to obtain as time passes. A nearby business could have surveillance footage. Another motorist could have captured the crash on a dashcam.
A witness could remember seeing the driver looking at their phone. The driver could have made a statement at the scene that later becomes important. Sources of potential evidence in your case may include:
- Police reports and citations
- Statements from drivers and witnesses
- Traffic-camera footage
- Business surveillance footage
- Dashcam recordings
- Photographs from the collision scene
- Vehicle damage and physical evidence
- Cellphone records obtained through appropriate legal procedures
- Medical records and treatment documentation
- Employment and income records
- Other records relevant to the collision and resulting losses
An Atlanta personal injury lawyer from Van Sant Law can determine which evidence is relevant and take steps to preserve it. That work can be difficult to handle alone, particularly when you are attending medical appointments, dealing with pain, missing work, or trying to get your household back to normal.
Insurance Companies Have Their Own Interests
After an accident, the other driver’s insurance company is not your advocate. The insurance adjuster has a financial interest in evaluating the claim carefully and limiting your payout, especially when they believe the evidence does not support the amount requested.
That does not mean the insurance adjuster is acting improperly. It just means the adjuster’s role is different from your attorney’s role. An adjuster could ask questions about the accident, request medical records, review your treatment, investigate fault, and make a settlement offer.
The insurer could also question whether particular treatment was related to the collision or whether you share responsibility for the accident. At Van Sant Law, a lawyer can take over insurance communications and make sure your claim is supported with evidence.
Settlement Offers Deserve Careful Review
A settlement offer should address all of the losses you’ve incurred because of the accident, including:
- Emergency care and hospital treatment
- Follow-up appointments
- Physical therapy or rehabilitation
- Prescription medications
- Lost wages
- Reduced earning ability
- Property damage
- Pain and suffering
- Other damages supported by the circumstances
Accepting a settlement generally resolves the claim. Once you sign an agreement, you generally lose the ability to seek additional compensation for damages.
That is why it is worth understanding what you are giving up before accepting an offer. At Van Sant Law, we can review the offer, compare it with the evidence concerning your injuries and losses, and negotiate with the insurer when the proposed amount doesn’t reflect the claim.
Comparative Fault Can Reduce Compensation
Georgia law understands that fault is an important part of personal injury claims. According to O.C.G.A. § 51-12-33, damages are reduced according to a plaintiff’s percentage of fault when the plaintiff contributed to the injury.
Furthermore, the statute bars recovery when the plaintiff is 50% or more responsible for the claimed injury or damages. This means an insurance company could argue that you contributed to the collision. For instance, an insurer could claim that you:
- Were speeding
- Were following too closely
- Failed to respond to the conditions around you
- Contributed to the crash in other ways
That allegation does not automatically establish fault. Evidence concerning traffic conditions, vehicle positions, photographs, witness statements, video, roadway conditions, and driver behavior can all become relevant.
A distracted driving accident attorney at Van Sant Law can investigate the circumstances and challenge an inaccurate assessment. This is one reason legal representation can become valuable even when you know the other driver was distracted.
Contact Van Sant Law to Hire a Lawyer After a Distracted Driving Accident
At Van Sant Law, founding attorney David M. Van Sant has a background serving as defense counsel for a large insurance firm. His firsthand knowledge of how insurers evaluate and defend injury claims provides us with unique insight into distracted driving accident cases.
Since 2008, we’ve been representing Georgia injury victims and looking beyond the obvious defendant when the circumstances point to additional sources of responsibility. Our law firm has served residents throughout the state and recovered hundreds of millions on their behalf.
With more than five decades of combined legal experience, our attorneys understand both the legal process and the pressure an unexpected injury can put on you. Make the Right Call by contacting our law firm for representation after a distracted driving incident.
