Distracted driving is one of the leading causes of car accidents. From texting to eating behind the wheel, distractions take a driver’s focus off the road, often with devastating consequences. After the crash, you may have questions about proving fault in distracted driving accidents. What evidence do you need to show the other driver was distracted? What if they claim something else caused the car wreck?
At the Weinstein Firm, our experienced Atlanta car accident lawyers know what it takes to build a strong claim and hold distracted drivers accountable. Contact us today for a free case review.
What Is Distracted Driving in Georgia?
Distracted driving is any activity that diverts a driver’s attention from the task of driving. This can include visual distractions (taking your eyes off the road), manual distractions (taking your hands off the wheel), and cognitive distractions (taking your mind off driving).
Common examples of distracted driving include texting, talking on the phone, eating or drinking, adjusting the radio or GPS, and even talking to passengers. While texting is often singled out as the most dangerous form of distracted driving, any activity that takes your focus away from the road can be potentially hazardous.
Georgia’s Hands-Free Law is designed to combat distracted driving.
- Drivers cannot hold a phone in their hand and talk while driving.
- Touching a phone with any body part while talking and driving.
- Even with hands-free technology, drivers cannot write, read, or send text messages, emails, and social media content. (Voice-to-text is allowed)
- Drivers cannot watch videos on the road. (Navigational/GPS videos are allowed)
How Do You Prove the Other Driver Was Distracted?
When it comes to proving fault in a distracted driving accident, evidence is key. The more evidence you can gather, the stronger your case will be. Let’s look at some of the most crucial pieces of evidence for proving distracted driving.
The Police Report
One of the first things you should do after an accident is call the police. The responding officer will create a police report, which can be incredibly valuable in proving fault. The report may include the officer’s observations, statements from the drivers, and even citations issued for distracted driving.
For example, if the officer noticed the other driver was holding a phone or if the driver admitted to being distracted, this information would be included in the police car accident report.
Witness Statements
Eyewitness accounts can provide crucial support for your case. If anyone saw the accident occur, their testimony could help prove that the other driver was distracted. Witnesses might have observed the driver using a phone, eating, or engaging in other distracting behaviors just before the crash.
Ask bystanders if they saw what happened. Get their contact information so your attorney can follow up with them later. Remember, an objective third-party account can be very persuasive in proving fault.
Photos and Videos
In today’s digital age, visual evidence can be a game-changer in proving fault. Take photos or videos of the accident scene immediately after the crash. Capture images of vehicle damage, road conditions, and any visible injuries.
Traffic Camera and Security Camera Footage
Look for any security cameras or traffic cameras that might have captured the accident. Businesses in the area might have surveillance footage. Video from traffic cameras or surveillance cameras may show the driver’s distracted behavior before the collision.
Cell Phone Records
Cell phone records can show if the driver was texting or talking on their phone. However, obtaining these records isn’t straightforward. An experienced car accident attorney can request a subpoena to access this information.
Car Data
Many modern vehicles are equipped with systems that record data about the car’s operation. This data can provide information about speed, braking, and other factors that might indicate distracted driving.
Accident Reconstruction
Accident reconstruction specialists can use advanced technology to recreate the accident scene. These experts analyze skid marks, vehicle damage, and other physical evidence to understand how the crash happened. Their findings can support your distracted driving accident case.
Proving Fault in Distracted Driving Accidents in Georgia
In legal terms, distracted driving is considered a form of negligence. To prove negligence, you need to establish four key elements.
- Duty of Care: This part is straightforward. All drivers must follow traffic laws and drive safely to avoid hurting others.
- Breach of Duty: In distracted driving cases, this means showing that the driver wasn’t paying attention to the road like they should have been.
- Causation: This means the accident happened because the driver was distracted. For example, if a driver rear-ended another case because they were looking at their phone, distraction caused the car wreck.
- Damages: Your lawyer must prove you suffered damages as a result of the accident. This could be physical injuries, damage to your car, and lost wages from missing work.
How an Atlanta Car Accident Lawyer Can Help
If you’ve been in a crash with a distracted driver, you may feel overwhelmed by medical bills, lost wages, and the stress of dealing with insurance companies. This is where an Atlanta car accident lawyer can step in to help. At The Weinstein Firm, our attorneys understand the challenges accident victims face, and we’re here to guide you every step of the way.
Gathering Evidence
Proving fault in a distracted driving accident case can be complex. A car accident lawyer will collect evidence to show the other driver was distracted. This could include cellphone records, witness statements, traffic camera footage, or even social media activity that shows the driver wasn’t paying attention.
Distracted driving cases often require detailed investigation, and our team has the resources and experience to build a strong claim.
Settlement Negotiations
An experienced lawyer will also handle negotiations with insurance companies, who often try to minimize payouts or deny claims altogether. Insurance adjusters may argue that you were partially at fault or downplay the extent of your injuries. A skilled attorney will push back against these tactics and advocate for rights.
Representation in a Car Accident Lawsuit
If a fair settlement isn’t possible, your lawyer can take your case to court. At The Weinstein Firm, we’re not afraid to fight for our clients in the courtroom if that’s what it takes to achieve justice. Having a dedicated attorney by your side means you can focus on healing while we handle the legal complexities.
Contact the Weinstein Firm for a Free Case Review
Proving fault in a distracted driving accident requires a combination of evidence gathering, legal knowledge, and sometimes, advanced technology. While it can be challenging, it’s not impossible. With the right approach and the help of an experienced Atlanta personal injury lawyer, you can seek the justice you deserve.
At the Weinstein Firm, we’re here to guide you through every step of the process. From gathering evidence to negotiating with insurance companies to representing you in court if necessary, we’ve got your back. Let us put our experience and resources to work for you, so you can focus on what’s most important – your recovery.
Time is of the essence. Evidence can disappear quickly, and there are legal deadlines for filing a car accident claim. Don’t wait to seek help.
If you’ve been injured in a distracted driving accident in Atlanta or anywhere in Georgia, don’t hesitate to reach out. Contact us today at 770-HELP-NOW or using our online form for a free consultation. Remember, we don’t get paid unless you win.
