How Do You Prove the Other Driver Was Distracted?

distracted driving

Distracted driving is a problem across the country. For instance, according to the National Highway Traffic Safety Administration (NHTSA), distraction was a factor in nearly 3,500 fatal crashes nationwide in 2016 alone. 

If you have been hurt in a crash with a distracted driver, our Decatur car accident lawyers want to help you get the compensation you deserve. Here we’ll explore the ways an attorney can prove the other driver was distracted.

Texting and Driving Is Illegal Under the Hands-Free Law

In addition to daydreaming, a lot of people also get distracted by other people and vehicles sharing the road with them. 

According to O.C.G.A. 40-6-241, drivers are not allowed to use their cell phones at all while behind the wheel. The law goes so far as to say the phone cannot even touch a part of the driver’s body while they’re on the road.

The law then goes on to outline exactly what drivers in Georgia can and cannot do when it comes to phones and other electronic devices. If someone is convicted of violating the Hands-Free Law, they’ll be fined and receive points on their license. 

One way for your Decatur accident lawyer to prove that the defendant in your case was texting at the time of the crash is to submit proof of a conviction. They can also subpoena cell phone records to identify what time their last text was sent before the crash.

distracted driving

Does Georgia Law Consider Distracted Driving to Be Reckless Driving?

Learning that the defendant was texting and driving, or doing something else that was distracting, can be frustrating. Had the other driver not engaged in reckless behavior, you wouldn’t have been hurt. 

According to Georgia Statute §40-6-390, to prove that someone was driving recklessly, your injury attorney will have to show that they had no regard for the safety of people or property. 

If you find evidence that proves the defendant was guilty of reckless driving, your car accident lawyer can demand punitive damages. These are damages meant to punish the defendant and deter them from behaving the same way in the future.

Evidence Demonstrating Reckless Behavior

What kind of evidence will help demonstrate the other driver’s reckless behavior? This could include the following:

  • Intersection camera footage showing that they were weaving in and out of traffic
  • Eyewitness testimony from people on the street, in other cars, or inside the car with the other driver
  • Your own testimony as to what you saw in the moments leading up to the crash
  • Cell phone records showing that the defendant was on social media or uploading a vehicle around the time of the collision

The judge or jury will examine this evidence and, if they believe the defendant acted recklessly, they may award you punitive damages. Even if they don’t, this evidence will go a long way toward proving negligence. 

Contact a Skilled Decatur Accident Lawyer Today

The reason you hire a Decatur accident lawyer is because you want compensation for your injuries. It doesn’t really matter what caused the accident. Yes, you do have to prove that the other driver was negligent. One way to do that is to show that they were distracted at the time of the collision.

Our attorneys have handled plenty of distracted driving cases. They know what kind of evidence to look for. And, if the situation warrants it, they can even hire experts to prove fault. For now, however, what you should do is call our office at 770-HELP-NOW and schedule your free case review.

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