Georgia, like many other states, has banned all texting while driving. Despite its illegality, however, many adults and teenagers continue to text and drive, which often leads to accidents. If you are injured in this type of crash, a Sandy Springs texting while driving accident lawyer can help.
A split second in which a driver’s attention leaves the road can be enough to result in a catastrophic crash. When distracted drivers cause accidents resulting in injuries, a dedicated car accident lawyer could help.
Laws Concerning Texting While Driving
In response to claims that texting while driving and other forms of distracted driving are to blame for hundreds of catastrophic injuries in the state, Georgia took strict measures to ban all handheld use of cell phones. This makes it illegal to hold a cell phone or other personal communication device while driving. The goal of this law was to hopefully prevent accidents stemming from texting while driving.
Nonetheless, accident rates show that many drivers continue to text and drive, despite the restrictive law in place. When a distracted driver causes an accident, they may be negligent. This can result in liability if they cause an accident resulting in injuries.
This is because drivers have a legal duty to look out for the safety of others by following all traffic rules and regulations. When they fail to meet this duty, they may be liable for any harm that they cause.
Damages in Distracted Driver Claims
Drivers and passengers can suffer devastating injuries in these accidents that may leave them permanently disabled. If a full recovery is not possible, a person may be unable to work and return to their daily life.
When negligence leads to an accident causing injuries, the injured party may have grounds for a personal injury claim against the responsible party. Distracted drivers may be liable for damages, including:
- Medical bills;
- Emergency transport, hospitalization, and surgical costs;
- Lost wages and loss of future wages; and
- Permanent disability.
A person may also be able to seek compensation for various other intangible losses, including pain and suffering, emotional trauma from the accident, and loss of consortium.
Limitations on Claims in Sandy Springs
Although a person may be able to pursue a negligent party for compensation through an injury claim, their ability to do so is limited. Various state laws place restrictions on personal injury suits in general. For example, under O.C.G.A. § 9-3-33, a person injured in an accident has two years from the date of the injury to file a claim against a negligent party.
Likewise, O.C.G.A. § 51-12-33 places limits on the ability to recover damages through a personal injury claim for those who share some fault for the accident. If an injured party is less than 50 percent responsible for their accident, they still can seek damages, but only at a reduced rate. A texting while driving accident attorney in Sandy Springs can be instrumental in bringing a valid personal injury claim.
Consult a Sandy Springs Texting While Driving Accident Attorney
Moving on from a severe accident can seem impossible, particularly as you are struggling to recover from your injuries. Medical bills are piling up, you may be unable to work, and you probably are not sure what to do. In this situation, consulting a Sandy Springs texting while driving accident lawyer can be helpful.
Legal counsel can advocate on your behalf and work toward the best settlement possible in your case. While you concentrate on your physical and mental wellbeing, your attorney can focus on getting you the compensation that you need. To get started, call today.