Now that nearly everyone has a cell phone that allows them to instantly communicate with family and friends, the impulse to do so can be overwhelming. This temptation extends to using these phones to text while driving.
Unfortunately, using a cell phone for any reason while driving creates a distraction that greatly increases the chances of an accident. Because of this, Georgia has made texting while driving a crime. If a person is involved in an accident and is cited for texting while driving, the law may assume that they are at fault.
A Savannah texting while driving car accident lawyer helps people who suffered injuries in car accidents while the defendant was texting collect compensation for their injuries. If you have been injured because the other driver was texting and driving, call an experienced attorney today to get started on your claim.
Texting While Driving Law
With the increased dangers that come with texting while driving, Georgia has made this act a misdemeanor level crime. Georgia Code 40-6-241.2 states that no person can use any telecommunication device to write, send, or read any text-based communication while driving. Further, the law states that people who violate this statute are guilty of a misdemeanor and fined up to $150.
There are some rare exceptions to this rule such as people using a phone to report a crime or accident, but in general, the use of a cell phone for any purpose and at any time while driving is illegal.
Car Accidents and the Law in Savannah
Whenever there is a car accident, one of the drivers must be assigned blame. There is no such thing as a no-fault accident and the driver who is assigned blame is legally liable for all damage that results. In personal injury cases that are the result of an accident, the case generally uses the legal theory of negligence.
For a negligence claim to succeed, the plaintiff must prove:
- The defendant maintained a duty to watch out for their well-being
- The defendant took steps that violated this duty
- This violation of the duty of care caused the injuries
In all car accident cases, the defendant always has a duty to protect the plaintiff. As soon as anyone gets behind the wheel, they assume a duty to protect all other drivers, their passengers, and pedestrians. The main issue in all car accident cases is whether their actions breached this duty. Many times when someone is texting while driving it results in a rear-end collision.
In instances involving texting while driving, the analysis can be simple. There is a concept of law known as negligence per se. This applies when someone in a negligence case is convicted of a violation of the law that leads to an accident. For example, if police at the incident cite the person for texting while driving, the law assumes that they were negligent in a civil claim for damages.
Statute of Limitations in Car Accident Cases
Even in clear-cut cases of negligence, the claim will fail if it is not filed on time. All civil cases have a statute of limitations that determines when someone can file a case in court.
Insurance companies are aware of these laws and will not engage in settlement negotiations if the time limit passes. According to Georgia Code 9-3-33, the case must begin no more than two years from the date of the accident. A texting while driving car wreck lawyer in Savannah can help someone file a claim within the required timeframe.
A Savannah Texting While Driving Car Accident Attorney Can Assist You
Texting while driving is a dangerous activity that places the driver and all other people on the road in serious jeopardy. Whenever a person causes an accident due to texting while driving, they are negligent and responsible for all damage that they cause. This can extend to not just physical injuries, but also mental anguish and lost wages.
A Savannah texting while driving car accident lawyer understands the immense impact that these accidents have on people’s lives. They strive to hold negligent drivers responsible for their actions and to keep insurance companies honest during settlement negotiations. The time to file a claim is limited by law, contact a lawyer today.