Distracted driving is a leading cause of road accidents in Georgia and nationwide. Data from the National Highway Traffic Safety Administration shows that mobile phone use is the most reason for distracted driving. Research also indicates that distracted driving accidents are linked to nearly 2,000 deaths annually.
As Gwinnett distracted driving accident lawyers, we understand the devastation that such accidents can cause. Distracted driving accident victims have a right to file a claim for compensation. However, it takes an experienced lawyer to recover the maximum settlement.
At The Herro Law Firm, we are a firm with top attorneys in Georgia specializing in personal injury lawsuits who are ready to help you fight for your rights. We guarantee you will get unrivaled and reliable legal counsel and representation from our accomplished Gwinnett car accident lawyers.
Call us today at (404) 433-6876 to book a free, no-obligation consultation and case review. We shall ensure you know what to expect and what is required of you as you proceed with the lawsuit.
What Is Distracted Driving?
Under Georgia state laws, any driver operating a vehicle while engaging in other things that take away their attention from the road can be liable for distracted driving. Mobile phone use is the most common reason for distracted driving accidents in Georgia and other states.
Many drivers say they were texting or making a call. Other reasons for distracted driving include trying to read a paper map while driving, fiddling with the navigation, conversing with a passenger, picking items that are not within reach, and other actions that take the driver’s eyes off the road.
Types of Distracted Driving
Some of the distractions are intentional, while others are random. Experts have categorized distracted driving into three types:
It focuses on any element that causes drivers to take their eyes off the road, meaning it diverts their visual attention to something else. The national highway traffic safety administration associates visual distractions with the most distracted driving accidents in the country.
It is linked to any action that makes a driver their hands off the wheel, which happens when setting the GPS, picking a call, replying to a text message, tuning the radio, or reaching for something in a bag on the adjacent seat.
Distracted driving can happen because the driver’s mind is not on the road and the vehicle’s safe operation. Cognitive distraction focuses on drivers’ mental preoccupation that makes them not concentrate, which can be linked to anxiety, stress, fatigue, or daydreaming.
The Laws Regarding Distracted Driving in Georgia
Georgia’s Hands-Free Law, which took effect on July 1, 2018, makes common driving distractions illegal.
- Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving.
- Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content, and other internet data while on the road.
- Voice to text is allowed.
- Drivers cannot watch videos when they are on the road. Navigational/GPS videos are allowed.
- Drivers cannot use their phones or electronic devices to record video when they are on the road.
- Continuously running dash cams are allowed.
What Damages Can a Victim Get for a Distracted Driving Accident in Georgia?
At The Herro Law Firm, we understand how challenging life becomes when you endure the pain and suffering associated with injuries sustained because of another’s negligent or reckless behavior on the roads.
Hence, we recommend working with a seasoned and reputable Gwinnett distracted driving accident lawyer to ensure you get the best legal counsel and representation in Georgia.
Courts can award victims three types of damages.
We shall focus on the determinable financial losses, meaning they have a calculable value. Such losses include lost income, funeral/burial expenses, medical treatment costs, prescription drugs, and other out-of-pocket expenses.
Your attorney will focus on non-economic damages to help recover losses with no precise monetary value but a major impact on your life. The losses include stress, disfigurement, lost consortium, and emotional torment attributed to the accident.
We also will consider punitive damages if our investigations suggest the liable party’s actions were grossly negligent. Please note that Georgia law limits punitive damages to no more than $250,000.
How Long Do I Have to File a Claim in Georgia?
Every personal injury lawsuit is subject to the statute of limitations. An accident victim who wants to sue those responsible has two years to file their case. However, the period can be longer or shorter depending on different factors, like if you are suing a government entity.
Understanding the various elements that qualify you to file your claim later or earlier than the stipulated 2-year deadline can be challenging, especially when you have no professional background in state laws. Hence, it is best to work with our experienced Gwinnett distracted driving accident lawyers to ensure you file the claim on time.
Why Do I Need a Lawyer?
The benefits of working with an experienced and dependable attorney include:
Investigation and Filing a Compensation Claim
Your case will be in the hands of a professional committed to fighting for your rights and ensuring you get the best advice on what to do to recover damages.
Your attorney will conduct investigations and gather crucial evidence needed to prove liability. Our law firm will also ensure your claim is filed by the deadline and will take care of all the legal requirements while you focus on recovering after your accident.
Most car accident cases are settled out of court. At The Herro Law Firm, we will oversee the negotiations with the insurance companies and their legal teams and will not allow them to dupe you into accepting a lesser settlement.
Trial Preparation and Representation
We never start a lawsuit without appreciating the fact that it could be decided in court. Hence, the legal team helping our clients is always ready to stand before a judge and jury. They prepare adequately for trial and will represent you aggressively in court.
Call Our Top Gwinnett Distracted Driving Accident Lawyers!
Distracted driving accidents are caused by negligent and reckless behavior. Hence, distracted driving accident victims have a right to sue the liable parties, pursuing compensation. At The Herro Law Firm, we have a team of top attorneys in Georgia specializing in personal injury lawsuits who are ready to help you fight for your rights.
If you want unrevealed legal advice, guidance, and representation, then our seasoned and reliable distracted driving lawyer is who you need. We guarantee you will get unrivaled legal counsel and representation from our accomplished distracted driving accident lawyers in Gwinnett, Georgia.
Call us today at (404) 433-6876 to book a free consultation and case review. We shall ensure you know what to expect and what is required of you as you proceed with the lawsuit.