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According to the National Highway Traffic Safety Administration (NHTSA), texting and driving is even more dangerous than a driver having a blood-alcohol concentration of .08 – the legal limit. Yet even though the hazard is well-known, 30 percent of car accidents are caused by drivers who admit to doing so. This means that many others shield the truth, but there are a few ways to prove that a driver was texting in car accident cases.
The NHTSA says that people who text and drive are 23 times more likely to end up in accidents than those who do not. Cell phones are also responsible for about 25 percent of all motor vehicle crashes. Texting is one of the most dangerous kinds of driving distractions because it involves the hands, eyes, and thoughts. Having your eyes off the road for as little as five seconds can lead to devastating consequences.
Georgia has a hands-free law that applies to texting and driving. Drivers are permitted to voice text but cannot have the device in their hand while using it. This also applies to using the internet, social media, and watching videos. Any action that requires touching the phone or watching videos is against the law.
The penalties for breaking this law are as follows:
Even though voice texting is legal in Georgia, it can still be dangerously distracting. A driver might have both hands on the wheel, but their mind is elsewhere, carrying on conversations with others. The safest choice is to put the phone on do not disturb, out of reach. Drivers can read and reply to messages when the car is parked.
In order to show that another driver was at fault for an accident, you must prove that they were negligent. The four components of this are:
Law enforcement officers write up police reports at accident scenes. These include important information like driver contact details and types of property damage and injuries. Officers also note things like skid marks, vehicle positions, and if the road was slippery. If they determine that one driver was texting, that may also be mentioned; an admission of driver guilt will also go in the report. It is fine to let the officer know if you think the other driver was texting, but stick to the facts and remain calm while telling them.
Cell phone records show texting data that include the exact dates and times, so this information could provide valuable evidence for your case. Even if you do not think that the driver was texting at the time, this could be a crucial angle to explore. The driver’s phone company can be subpoenaed for the records, so the proper legal channels must be used.
Witness testimony often makes and breaks cases, and you might be lucky enough to have one or more people who saw the other driver texting. They may have been pulled up next to that driver before the crash or saw them doing it while driving alongside them. An eyewitness might even be a pedestrian who watched your accident unfold. If you notice any eyewitnesses at the scene, ask for their contact information and follow up with your attorney.
Evidence collected at the scene can also build a solid texting-and-driving case. Skid marks can be very revealing because they can show when drivers fail to apply their brakes. Someone who did not do that to avoid an accident could have been distracted by their phone.
Proof that a driver was texting at the time of an accident can help win a claim, but things are not always quite that simple. The other side may also be working to prove that you were negligent. If they are successful, the amount of damages sought can be reduced or eliminated. For example, if one driver is stopped at a green light while texting and another driver rear-ends them, both could be determined to be partially at fault for what happened.
When two parties are found to share the fault for an accident, the court will assign percentages of liability to each. So if the damages are $10,000 and you are found to be 30 percent responsible, the amount will be reduced to $7,000. When the percentage is 50 percent or more, no damages will be awarded.
The other important Georgia law pertaining to automobile accident lawsuits is the statute of limitations. A potential plaintiff has two years to file after the date of the accident – with wrongful death cases, it is two years after the person has passed away, if that date is different from the date of the accident. Once the deadline has passed, the case will most likely be dismissed.
As for insurance claims, Georgia has a fault-based system. Unlike no-fault states, the at-fault driver’s insurance carriers generally cover other people’s losses. Insurance claims should always be initiated as soon as possible; otherwise, the incident will come under closer scrutiny. It is not uncommon for car accident insurance claims to be delayed or denied, but a car accident attorney can help negotiate a settlement or bring the case to court if warranted.
If you or someone you care about was injured by a texting driver, look no further than the skilled Macon car accident attorneys at Childers & McCain, LLC. We offer free consultations and are experienced with driver distraction cases. Call our Macon, Georgia office at 478-254-2007 or submit our online form for more information. We help clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.
Facing the aftermath of a serious accident can be overwhelming. Before you speak with the insurance companies, make sure you schedule a free consultation with the Macon personal injury lawyers at Childers & McCain. We can protect your rights while anticipating the insurance company’s tactics to make sure you get the full compensation you deserve. You don’t have to navigate this tough road alone – let our team of professionals help you move forward.
