Atlanta roads are a challenge for every driver, no matter how experienced, focused, or skilled. Not a single day passes by without an auto accident occurring on the highways of the Metropolitan Area. Many of them involve drivers who were texting and driving and result in serious injuries and property damage.
Someone texting and driving is at least partly (if not totally) at fault for any accident they cause. This means that anyone injured in that accident will have the right to seek compensation from them or their insurer for any losses they incurred.
In practice, although Georgia law prohibits texting and driving, proving it is not easy. Car accident victims hit by a driver who was engaging in this activity should contact an Atlanta auto accident lawyer.
Understanding the role of car accident lawyers in Atlanta in texting and driving accidents is to take look at Georgia laws.
Texting and Driving in Atlanta, GA and Why Only Experienced Car Accident Lawyers Can Prove It
The stipulations prohibiting texting and driving in Georgia can be found in the Georgia Code Section
40-6-241.2. Prohibited are typing, sending and reading text messages, instant messages, emails, or other Internet data while driving. The same section makes it illegal for drivers to:
- Make or accept voice calls while holding a wireless telecommunication device
- Use more than one button of their wireless telecommunications device to start or end voice communication
- Reach for any wireless device if the move affects their seated driving position or requires they remove their safety belt
- Use any type of wireless telecommunication device while driving commercial motor vehicles
Unfortunately, proving violations of this code is not easy. An accident victim would need photos, videos, phone records, witness testimonies, access to the driver’s email and social media data, and more. Someone recovering from serious injuries rarely realizes what they should be looking for and how to obtain the data needed.
Even if they do get the idea, actually obtaining data takes law and court rules knowledge that few people possess. An attorney, on the other hand, has access to resources other people do not. They know where to look for the evidence needed and what procedures to follow in order to obtain it.
Experienced car accident lawyers in Atlanta will try to prove distracted driving or some other offense. This is to show the respective driver was at fault and compensation is due to their client.
Distracted Driving as an Alternative to Texting and Driving in Atlanta, GA
Proving that a driver was texting and driving at the time of the accident seems impossible. Many car accident lawyers will try to prove that the respective driver violated Georgia Code section 40-6-241 or 40-6-390.
The former stipulates drivers should be careful when operating motor vehicles on Georgia highways and not engage in distracting actions. The latter defines reckless driving as the act of operating a vehicle recklessly, disregarding the safety of property or persons.
Both of them are quite vague, so using them would be challenging for the average person. Car accident lawyers know exactly what type of evidence they need to present. The know case precedents to cite to convince an insurance company or civil court to approve their compensation claim.
Another reason why an auto accident lawyer will always have an easier time proving texting and driving or distracted driving is that, unlike the accident victim who needs time to recover after their injuries, they can start working on the case immediately. Although Georgia statute of limitations allows accident victims two years to initiate a civil lawsuit, time is of the essence.
Witnesses may forget that they saw the driver holding the phone in their hand or bending to grab it. Many gas stores and public institutions empty their video recordings databases regularly, and they may delete valuable evidence.
The examples could continue, but the conclusion would be the same. If you’re injured in an auto accident by a driver who was texting and driving, contact the Weinstein Firm today.
Get in Touch with One of the Weinstein Firm Car Accident Lawyers in Atlanta Now!
The Weinstein Firm car accident lawyers have relevant experience in texting and driving cases, solid investigation skills, and an incredible commitment to their clients’ cause. They will not rest until they obtain fair compensation for their clients. Call our office today and schedule a consultation with an Atlanta auto accident lawyer. It won’t cost you anything, but it will provide the answers you need!
