Macon Distracted Driving Accident Lawyers
Distracted driving takes a motorist’s focus off of the road. They can be on the phone or focused on the screen in their car. Distracted driving may even mean the driver is lost in thought behind the wheel. According to the National Highway Traffic Safety Administration, over 3,000 people lost their lives in distracted driving accidents in 2022. Tens of thousands of more motorists and their passengers were injured. If you have been hurt in a distracted driving accident, you may be entitled to compensation for your injuries.
What Types of Car Accidents Are Caused by Distracted Driving?
Distracted driving raises the risk of every type of car accident. Perhaps the most common type of crash that results from distracted driving is a rear-end car accident. The other driver does not see that you are stopped or slowed in front of them, and they will run into the back of your car. Rear-end car accidents often result in whiplash injuries that can affect your head, neck, and back.
Distracted driving also commonly causes blind spot car accidents. The other driver may not have checked their blind spot or paid attention before changing lanes. Then, they could side-swipe your car and potentially force it from the road.
Typically, a driver may not see a sign that tells them where to go on a road or highway. In the worst-case scenario, the driver could end up in the wrong lane and cause a head-on car accident, the most serious type of crash. Distracted driving could also cause the driver to veer out of their Lane and into the face of oncoming traffic.
Georgia Laws Prohibiting Distracted Driving
Georgia has a Hands-Free Act that does not allow drivers to hold a phone behind the wheel. A driver may talk on their phone, but only if they use Bluetooth or their car’s infotainment system to have the conversation. Certainly, a driver cannot use their hands to read or send a text when operating a car.
Even when a driver uses their car’s Bluetooth system to talk on the phone or read or send a text, it can still be a danger. These systems can be even more dangerous than hands-free devices because they can take a driver’s eyes off the road for longer.
Why Are Distracted Driving Accidents More Serious?
Distracted driving accidents often result in more serious injuries than other types of car crashes. Any type of car accident involves a nature of unpredictability and the lack of an ability to respond to the other driver’s actions. Distracted driving causes even more volatility in a car accident. These crashes often occur at high speeds, and the other driver has acted completely unpredictably. You likely had no warning of what the driver would do and no ability to take any type of evasive action that could minimize both the chance of a crash and the severity of your injuries.
Do I Have to Prove that the Other Driver Was Distracted?
You do not necessarily have to prove that the driver was distracted to qualify for car accident compensation. In some cases, their actions should speak for themselves. For example, if another driver has rear-ended you, you would likely be entitled to a settlement check regardless of whether you could show that they were on their phone.
It may be helpful to prove that the driver was distracted and close cases when liability is in dispute. Then, the insurance companies may consider distracted driving as a factor in determining which driver was liable for the accident.
How Do I Prove That the Other Driver Was Distracted?
It is not always easy to prove distracted driving. You may have thought that the other driver was not fully paying attention, but it could be challenging to take that from your idea to definitive proof that can be used in a car accident claim.
Witness testimony could be the best way of showing distracted driving. There is a chance that someone else may have seen the accident and noticed that the driver was either on their phone or looking away from the road.
You may be able to obtain other means of proof for distracted driving. For example, your car accident lawyer may be able to subpoena cell phone records showing that the driver was on the phone at the time of the accident. However, showing that the driver is on the phone is not the same as proving they were not using a hands-free device. You may also obtain text records showing that the driver was sending a text or reading one at the time of the accident.
What if I Was Distracted at the Time of the Accident?
The fact that you were distracted does not automatically mean that you are not entitled to any compensation for the accident. However, you can expect it to come into play in the liability determination. Georgia uses the modified comparative negligence law to determine car accident fault and compensation. If you were more than 50% to blame for the accident, you would not be able to receive any money. If your fault is below 50%, your car accident compensation would be reduced by the amount of blame you bear. Be careful of the insurance company’s attempt to cast more blame your way when you were distracted, even when you were not primarily the driver who was at fault.
How Much Money Is My Distracted Driving Car Accident Case Worth?
The value of your case depends on both the severity of your injury and the amount of insurance coverage available to pay for your damages. Your car accident lawyer would need to quantify the scope and extent of your damages before you can file a claim. It is essential to know how much your case is worth before filing it because you can be certain that the insurance company has this information.
Your distracted driving car accident compensation would consist of the following:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Embarrassment and humiliation
- Loss of enjoyment of life
- Scarring and disfigurement
If your loved one died in a car accident that involved distracted driving, your family would be able to file a wrongful death claim to recover the damages that you suffered when you tragically lost a family member.
Contact the Macon Distracted Driving Accident Lawyers at Childers & McCain, LLC
If you have been injured by a distracted driver, the Macon distracted driving accident lawyers at Childers & McCain, LLC can help. Call 478-254-2007 or complete our online form for a free consultation. Our office is in Macon, Georgia, and we serve injured clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.
