Distracted driving is one of the leading causes of car accidents in Georgia and across the United States. With smartphones, GPS devices, and other distractions more prevalent than ever, drivers are increasingly taking their attention away from the road. Unfortunately, this often leads to catastrophic accidents that can change lives.
The aftermath of a distracted driving accident can be overwhelming. Seeking compensation for medical bills, lost wages, and pain and suffering can feel like an uphill battle, but you don’t have to go through it alone.
At Horst Shewmaker, we help car crash victims throughout the Atlanta metro area secure the compensation they deserve. Contact our Alpharetta car accident lawyers today for a free consultation.
The Dangers of Distracted Driving
Distracted driving is a serious problem in Georgia. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was responsible for 3,308 deaths nationwide in 2022. In Georgia, distracted driving has contributed to thousands of accidents, resulting in severe injuries and fatalities. The Georgia Department of Transportation (GDOT) has reported that over half of car crashes in the state during 2022 were linked to distracted driving.
Distractions come in many forms, but they generally fall into three categories:
- Visual distractions: Drivers take their eyes off the road to look at something else, such as a smartphone screen or a GPS device.
- Manual distractions: Drivers remove their hands from the steering wheel to adjust the radio, send a text message, or eat while driving.
- Cognitive Distractions: Mental distractions, such as daydreaming or talking with a passenger, divert your focus from driving.
Texting while driving is especially dangerous because it involves all three types of distractions. Even taking your eyes off the road for just a few seconds can have devastating consequences. At 55 miles per hour, sending or reading a text for five seconds is like driving the length of a football field with your eyes closed.
The consequences of distracted driving are alarming. Victims may suffer from life-changing injuries such as traumatic brain injuries, spinal cord injuries, broken bones, and even death. When drivers fail to pay attention, they not only put their own lives at risk but also endanger everyone else on the road.
Distracted Driving Laws in Georgia
To reduce distracted driving accidents, Georgia passed the Hands-Free Georgia Act, which went into effect on July 1, 2018. This law makes it illegal for drivers to hold or support a phone or any electronic device with their body while operating a vehicle. The law was introduced to curb texting and other forms of cell phone use while driving, which were leading causes of crashes.
Under the Hands-Free Georgia Act:
- Drivers are prohibited from holding a phone, even at stoplights or in traffic.
- They may not write, send, or read text messages while driving.
- Drivers are not allowed to record or watch videos unless they are using a GPS or mapping app.
- Headphones or earpieces can only be used for making or receiving calls if they allow the driver to hear surrounding sounds.
Violators of the Hands-Free Georgia Act face fines and points on their driver’s license, but the consequences of distracted driving extend far beyond legal penalties. A single moment of inattention can lead to a catastrophic accident that injures or kills innocent victims.
How to Prove the Other Driver Was Distracted
Proving that a driver was distracted at the time of an accident can be challenging, but an experienced car accident lawyer has the tools and resources to build a strong case. At Horst Shewmaker, we take the following steps to gather evidence that supports your claim:
Analyzing Phone Records
A lawyer can ask the court to issue a subpoena ordering the driver to turn over phone records. These records can show whether the driver was texting, calling, or using an app at the time of the crash.
Eyewitness Testimony
Witnesses who saw the driver texting, eating, or engaging in other distractions can provide critical testimony to support your case. This includes not only other drivers but also passengers and bystanders.
Police Reports
After a car crash, the police will create an accident report. If the officer noted that the other driver was distracted, this accident report can serve as compelling evidence.
Vehicle Data
Some vehicles are equipped with event data recorders (often called “black boxes”) that can provide information about the driver’s actions leading up to the crash, such as whether they were using their hands-free system.
Surveillance Footage
In some cases, security cameras or traffic cameras may capture the moments leading up to the accident. Video footage can show whether the driver was distracted at the time of the crash.
Compensation for Distracted Driving Accident Victims
Victims of distracted driving accidents in Georgia may be entitled to compensation for their injuries and losses. The specific damages you can recover will depend on the details of your case, but in general, victims can seek compensation for:
- Medical Expenses: This includes current and future medical bills, rehabilitation costs, surgeries, and any other treatment required for your injuries.
- Lost Wages: If you had to take time off work to recover from your injuries, you may be entitled to compensation for lost income. If your injuries affect your ability to work in the future, you could also claim lost earning capacity.
- Property Damage: You can seek compensation for the cost of repairing or replacing your vehicle and any other property damaged in the accident.
- Pain and Suffering: Victims of distracted driving accidents can also pursue compensation for the physical and emotional pain they’ve experienced due to the accident. This includes mental anguish, depression, anxiety, and loss of enjoyment of life.
- Punitive Damages: In cases where the at-fault driver’s behavior was particularly reckless, punitive damages may be awarded to punish the driver and deter future misconduct.
How an Alpharetta Car Accident Lawyer Can Help
If you’ve been injured in a distracted driving accident, having a skilled attorney on your side can make all the difference in the outcome of your case. At Horst Shewmaker, we offer personalized legal representation to help victims in Alpharetta and throughout Georgia seek justice.
Gathering Evidence
As soon as you hire our team, we begin investigating your case. This includes collecting phone records, witness statements, police reports, and any other evidence that proves the other driver was distracted at the time of the crash.
Negotiating a Settlement
Insurance companies often try to minimize the compensation they pay to accident victims. We will negotiate aggressively on your behalf to ensure you receive a fair settlement that covers all your medical bills, lost wages, and pain and suffering.
Representing You in Court
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our experienced litigators will fight for your rights in court and work tirelessly to secure the maximum compensation for your injuries.
Contact Horst Shewmaker for a Free Case Review
Distracted driving is a serious threat to road safety in Georgia, causing thousands of accidents each year. If you have been injured by a distracted driver, you need an experienced car accident lawyer to help you get compensation. Horst Shewmaker is here to provide the legal support you need. Contact us today to schedule a consultation and let us help you hold distracted drivers accountable.
