Texting while driving takes a driver’s attention away from the road for only a few seconds – however, those few seconds can potentially cause a very serious accident. For that reason, the laws applicable to Atlanta and its surrounding areas outlaw texting while driving.
For people injured in a car wreck caused by a driver who was texting, this means you may be able to recoup your damages.
Because every car accident and texting driving is unique, a knowledgeable Atlanta texting while driving car accident lawyer may be able to help answer questions about how the law applies to your specific situation. Call a seasoned car accident attorney today to see how legal counsel could help your situation.
Texting while Driving Laws
Texting while driving can be very dangerous. According to the National Safety Council, one out of every four car accidents is due to the use of a cell phone. Despite this disturbing statistic, a full 33 percent of American adults between the age of 18 and 34 admit to reading or writing text messages while driving, according to the Centers for Disease Control and Prevention.
For these reasons, Section 40-6-241.2 of the Georgia Code bans all drivers from texting while driving. This includes reading a text message, writing a text message, reading an email, or writing or sending an email. Violation of this section could result in a $150 fine. Texting while driving is a major distraction, which is a common factor in many car collisions.
There are certain exceptions allowed for a person reporting a traffic accident or a crime, speaking with emergency personnel, as well as for city contractors and law enforcement agents.
Notably, Atlanta cell phone law states that calling a person while driving is not banned unless the driver is under the age of 18 or otherwise has a restricted type of driver’s license.
When a driver who was texting causes a car accident, a negligence lawsuit in Atlanta court can help the driver recover their damages. Under an Atlanta texting while driving negligence lawsuit, the injured motorist must prove to the court that the driver was texting while operating a motor vehicle and that their texting while driving caused the car accident.
If the driver can prove this by a preponderance of the evidence in an Atlanta court, they may be able to recover both economic and non-economic damages relating to the accident. Economic damages include quantifiable damages such as lost wages because of missed work, hospital bills, and the cost of repairing the vehicle.
Non-economic damages, on the other hand, are more difficult to quantify or measure. Common types of non-economic damages sought in texting while driving car collision lawsuits include damages for pain and suffering, emotional distress, and punitive damages. A texting while driving car wreck lawyer in Atlanta can assist the injured person with assigning fault.
Let an Atlanta Texting While Driving Car Accident Attorney Help
In most circumstances, people injured in a texting while driving car wreck only have two years from the date of the accident to file a negligence lawsuit in an Atlanta court.
While some exceptions do apply, such as when possible health or medical issues show up at a later point in time, this relatively short time frame means that individuals need to proactively research and assert any legal options that may be available. To learn more about whether your injuries are covered under the law, contact an Atlanta texting while driving car accident attorney today.