If you have been in an accident caused by a distracted driver in Atlanta, you may have a right to recover money for your injuries, the damage to your car, and the time you’ve missed from work. Our lawyers can help you make a claim and get the entire amount you deserve. We offer a FREE consultation to talk about your accident and answer your questions. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
What counts as distracted driving in Atlanta?
When you’re behind the wheel, you’re supposed to keep your full undivided attention on the road. But our cars are full of distractions that can cause us to take our eyes and minds away. When a driver isn’t paying close enough attention and an accident happens, we call this a distracted driving accident. There are three main types of driving distractions:
- Visual distractions, or taking your eyes off the road
- Manual distractions, or taking your hands off the steering wheel
- Cognitive distractions that take your mind away from driving
Some distracted driving accidents involve only one type of distraction, while others can involve two or all three. Texting while driving, for example, includes three distractions: looking away from the road at a phone, typing instead of holding the steering wheel with both hands, and paying attention to the message, not to driving.
Some of the most common distracted driving activities include:
- Talking or texting on a cell phone
- Looking at a GPS
- Adjusting the knobs on the car stereo or heating and cooling system
- Looking at or trying to control what children, pets or other passengers are doing
- Eating and drinking while driving
- “Rubbernecking” to look at another accident, or looking at scenery
- Talking to passengers
Who is considered to be “at fault” in a distracted driving accident in Atlanta?
If a driver was distracted and that distraction caused an accident, then the distracted driver is legally at fault. In Atlanta because, that means that driver is liable for paying all of the costs and damages (usually through their insurance).
The problem is that fault can be hard to prove in a distracted driving case. Sometimes, the distracted driver admits it—either in the initial shocked moments after the accident or in talking to police at the scene. When drivers tell police that they were distracted, it should be included in the police report, and this is one way we can establish that the other driver was at fault.
Another way to show fault in a distracted driving case is through witness statements, including your own statement and the observations of witnesses who may have seen the driver’s distracted behavior such as talking on a cell phone or eating a hamburger. If cell phone use is the culprit, we can sometimes get cell phone records that will show whether the driver was talking or texting at the time of the accident. And in a few cases—such as when you’re rear-ended while sitting still at a stop light—there simply is no other logical explanation for the accident. Because proving fault in a distracted driving case can be complicated, it is important to get a lawyer working on your case as soon as possible. An Atlanta rear-end collision lawyer can help you file a claim against the responsible driver and recover.
How much money can I recover for a distracted driving accident claim?
Georgia law allows you to recover 100% of your costs and damages caused by a distracted driving accident. This means that in a typical case you may be able to recover the following:
- Medical expenses
- Prescription drug expenses
- The cost of physical therapy or any rehabilitative therapy
- The cost of repairing your car or replacing a totaled car
- Lost wages, if you missed work time because of the accident
Some accident victims recover far more. If you were seriously injured, you may be able to recover money for severe losses like pain and suffering and disabilities. Money can’t undo the effects of an accident, but we hope that the financial recovery you receive will make it possible for you to support your family and continue on the road to physical recovery.
The insurance company already offered me money. Why do I need a lawyer?
Car accident lawyers in Atlanta Georgia can help you by looking out for your best interest and negotiating to get you more money than the insurance company would offer on its own. Most people don’t realize that the “helpful” insurance company is more interested in making a profit than in helping you recover from your injuries. Insurance companies often make a low offer soon after the accident, hoping you’ll take it and sign away your right to ever recover anything else. Sadly, many people who take these offers find out too late that their injuries will cost far more than they expected. And by then it is too late to file a lawsuit or bargain for more money.
A lawyer can prevent this from happening to you by building a strong case in your favor and THEN going to the insurance company with hard evidence of the full extent of your injuries and what they will really cost, long-term. A lawyer can refer you to doctors who are qualified to diagnose you, and can also build a case showing who is legally liable for the accident. Having a lawyer can mean you recover tens of thousands of dollars more than you were originally offered.
How do I know if I have a valid distracted driving accident claim?
Distracted driving can be harder to prove than some other types of accident claims, so it’s easy to second guess yourself. Or you may be tempted to let the other driver off the hook because some distracted driving behaviors seem so ordinary. After all, everyone adjusts the radio from time to time. Don’t talk yourself out of a claim. Go see a personal injury lawyer for a free consultation.
A lawyer can listen to the facts and give you a professional opinion about whether your claim is valid. Then you can decide what to do about it. Since your claim may depend partly on observations made by yourself and witnesses, it’s best not to wait. One of the most critical aspects of a valid claim is identifying the correct party or parties responsible for the damage. An Atlanta multiple-party accident attorney can help determine who the claim should target based on the available evidence. See a lawyer as soon as you are able so your lawyer can begin building your case.
Talk to an Atlanta Distracted Driving Accident Lawyer for Free
Our lawyers are devoted to helping accident victims. We have decades of experience, and we never charge you a dime unless we get money for you. Let us offer you a FREE, no obligation consultation to go over your claim and help you decide what you should do. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.