Georgia’s hands-free driving law prohibits motorists from holding their phone or using any body part to maneuver their mobile device. Hands-free communication mediums such as earpieces and electronic watches are permitted. However, some motorists continue to text while they drive in blatant disregard of these stringent regulations. If a texting motorist injured you in a recent accident, a Roswell texting while driving car accident lawyer could help you pursue justice against the at-fault driver.
A seasoned car wreck attorney could aid you in recovering a multitude of civil damages to compensate for your physical, psychological, and economic losses.
Texting and Driving Laws in Roswell
The state’s texting while driving laws and other mobile device restrictions are found under O.C.G.A. § 40-6-241. Pursuant to this law, motorists are prohibited from handling any type of cellular device while behind the wheel, including both wireless and autonomous electronics.
Likewise, drivers are also barred from composing, reading, or sending text messages, emails, or similar correspondence while driving. The law also extends to motorists using their device to view a movie or stream a video. Drivers who break these laws may face relatively moderate fines and license penalties for a first-time charge but would incur further penalties for any additional offenses. For example, while a first conviction would be accompanied by a fine not to exceed $50, the fine for a third infringement could be upwards of $150.
In short, texting while driving is not only illegal in Georgia, but any motorist who engages in these distracted driving habits is negligently putting other motorists in harm’s way. Furthermore, when a distracted motorist fails to heed the road ahead and smashes into an innocent victim, the injuries inflicted could be catastrophic, ranging from spinal cord injuries and traumatic brain injuries to broken bones and loss of one or more limbs. A texting while driving car crash attorney in Roswell could ensure the full extent of the victim’s injuries (lost earnings, medical bills, pain, suffering, and other losses) were thoroughly documented in their personal injury demand letter for compensation.
Filing a Lawsuit Against a Negligent Driver
A texting while driving victim who wishes to file a lawsuit seeking compensation has just two years from the crash date to do so, pursuant to O.C.G.A. § 9-3-33. This means that any legal action must be commenced before or by the two-year deadline, or the court could refuse to hear the victim’s lawsuit.
Moreover, to file a lawsuit, the victim must prove the negligence of the at-fault party. The doctrine of negligence involves the following components — (1) the at-fault party had a legal duty to the victim, (2) the at-fault party failed to honor that duty, (3) the victim was injured as the direct consequence of the at-fault party’s failure to honor their duty, and (4) the victim sustained damages.
It is essential to hire a skilled Roswell texting while driving car collision lawyer who could build a compelling negligence-based claim for damages against the at-fault party. Georgia law bars financial recovery for victims who were 50 percent or more negligent in the wreck that caused their injuries. A Roswell attorney could work tirelessly to diminish any assignation of blame against the victim and pursue all compensation they may be eligible to receive.
Seek the Counsel of a Seasoned Roswell Texting While Driving Car Accident Attorney
If you have suffered serious injuries due to the negligence of a distracted driver, you need not handle the legal process alone. A Roswell texting while driving car accident lawyer could investigate your case, collect evidence, and document your injuries and treatment. An attorney could aggressively negotiate with the at-fault party’s insurance company or skillfully present your claim before a judge or jury to fight for the maximum monetary award.
To learn more concerning your legal rights following a wreck, call a Roswell attorney today.