The most common causes of distracted driving accidents in Georgia include texting behind the wheel, talking on the phone, and adjusting GPS devices or entertainment systems. It’s also possible for drivers to get distracted if they’re eating or drinking while driving or interacting with passengers.
Any activity that takes the driver’s attention away from the road also counts as a cause of distracted driving. If you’re the victim of a crash caused by distracted driving, contact an Atlanta distracted driving accident lawyerat Van Sant Law to learn about your legal options.
Distracted Driving Can Take Several Forms
Distracted driving is not limited to texting. Any activity that takes a driver’s attention away from operating the vehicle safely can create a serious risk.
- A distraction can be visual, manual, cognitive, or a combination of these.
- A driver might look away from the road or take a hand off the steering wheel.
- Someone could focus so heavily on something else that they fail to notice traffic.
The law restricts activities such as reading or writing text-based communications and watching certain videos while operating a vehicle. For an injured person, proving distraction is not always as simple as proving that a driver used a phone behind the wheel.
The legal question is whether the driver’s conduct contributed to the collision and whether that conduct supports a negligence claim.
An Atlanta car accident lawyer from Van Sant Law can investigate the circumstances and gather evidence that helps establish what the driver was doing before the crash.
Proving Distraction Can Require Multiple Pieces of Evidence
A distracted driver is not always going to admit, “I was looking at my phone.” In fact, an insurance company defending the claim could dispute the allegation entirely. Evidence therefore becomes important.
Depending on the circumstances, here’s what Van Sant Law can investigate on your behalf:
- Statements from people who saw the driver before or during the collision
- Traffic-camera or surveillance footage
- Dashcam recordings
- Police reports and citations
- Cell phone or other electronic records obtained through appropriate legal procedures
- Statements made by the driver after the collision
- Vehicle data and accident reconstruction evidence
- Photographs showing the position of the vehicles or surrounding conditions
No single piece of evidence necessarily determines the outcome. The evidence needs to be evaluated as a whole. A personal injury lawyer in Atlanta can determine which evidence is relevant and how it can support the liability portion of the claim.
Georgia’s Fault Rules Can Affect Your Recovery
Georgia uses a modified comparative fault system for personal injury cases. Under O.C.G.A. § 51-12-33, when a plaintiff is partly responsible for an injury or damages, the damages are reduced according to the plaintiff’s percentage of fault.
The statute bars recovery when the plaintiff is 50% or more responsible. This rule matters because an insurance company could argue that an injured person contributed to the accident. For example, an insurer could say the following:
- You were speeding.
- You were not aware of your surroundings.
- You otherwise contributed to the collision.
The insurer’s position does not automatically establish that the allegation is correct. A lawyer at Van Sant Law can examine the available evidence and challenge a fault assessment when the facts support doing so.
Georgia law also provides for consideration of fault attributed to other persons or entities in circumstances covered by the statute. This makes identifying all potentially responsible parties an important part of some injury investigations.
Insurance Companies Have Their Own Interests
After a distracted-driving accident, the insurance company handling the claim will investigate what happened. An adjuster could ask questions about the collision, your injuries, medical treatment, prior conditions, or other circumstances.
The insurer has a financial interest in evaluating the claim. Its initial assessment is not necessarily the final word on what your injuries and losses are worth. When speaking with insurers, here’s what your lawyer can do:
- Communicate with the insurance company on your behalf
- Evaluate requests for information
- Review settlement offers
- Negotiate when an offer doesn’t account for your damages
Many people worry that pursuing an injury claim means personally suing the person who caused the accident. That is not generally the purpose of a personal injury claim, and Van Sant Law can better explain what you can expect.
In many cases, the claim is pursued against the applicable insurance coverage rather than seeking to personally ruin the individual who caused the crash. Insurance exists to cover injuries and damages arising from covered accidents.
Deadlines Can Put a Time Limit on Your Claim
Georgia law establishes deadlines for filing personal injury lawsuits. Under O.C.G.A. § 9-3-33, the general limitation period for actions involving injuries to a person is two years after the right of action accrues, subject to exceptions established by law.
That does not mean every distracted-driving case has an identical deadline. Claims involving government entities, injured minors, and other circumstances can involve different rules and requirements.
An insurance company continuing to discuss your claim does not eliminate the applicable lawsuit deadline. With a lawyer from Van Sant Law by your side, you can learn which deadline applies to your circumstances and ensure you take legal action within the required timeframe.
Call Van Sant Law About the Most Common Causes of Distracted Driving Accidents in Georgia
At Van Sant Law, founding attorney David M. Van Sant has a background serving as defense counsel for a large insurance firm. This experience gives us valuable insight into how insurers evaluate claims and defend against injury cases.
As your legal counsel, we’ve been representing Georgia injury victims since 2008. Our lawyers can identify every possible source of compensation when another driver is responsible for your injuries. With over five decades of combined experience, we’ve recovered hundreds of millions of dollars.
For help identifying what caused the distracted driving accident that left you injured, Make the Right Call by contacting us as soon as possible.
