Although texting and driving has been illegal in the Peach State for many years, far too many people still choose to use their phones behind the wheel, and some of those people wind up causing traffic collisions due to their misconduct. If you were recently hurt in this kind of wreck, you likely have grounds to file suit against the texting driver who caused the wreck to recover compensation from them for all crash-related damages not already covered by insurance.
However, even with this cut-and-dry example of negligence, successfully suing over texting while driving car accidents in Braselton can be harder in practice than you might expect. Assistance from the seasoned car accident lawyers at Smith Hulsey Law could be key not just to getting maximum compensation but also to avoiding various legal and procedural obstacles along the way.
Because texting while driving is against the law in Georgia, it qualifies as a de facto violation of the legal duty that all drivers have to act responsibly and lawfully behind the wheel. Anyone who causes a crash resulting in injury to someone else directly through a “breach of duty” is legally negligent and can be held liable to pay for all damages experienced by that injured person as a direct result of the crash.
Sometimes, establishing fault for this type of car wreck is as simple as referencing a traffic citation for texting and driving included in the police’s accident report. In other situations, it may be necessary for an injured person to prove negligence on their own through evidence like:
A skilled attorney in Braselton could help gather and make effective use of all relevant evidence in a texting while driving car wreck case.
Legal counsel could also help prove that someone injured in a car accident was not even slightly to blame for causing the accident through their own reckless or careless actions. If the person is found to be partially at fault, otherwise known as “comparative fault,” the court could reduce the total amount of compensation available to them in accordance with Official Code of Georgia Annotated § 51-12-33 or bar them from recovery altogether under Official Code of Georgia Annotated § 51-11-7.
Additionally, according to Official Code of Georgia Annotated § 9-3-33, injured individuals have only two years to file suit after texting while driving auto crashes in Braselton. This is a relatively small window of time to build a comprehensive lawsuit, so contacting an experienced attorney should be a top priority in the wake of a wreck.
No matter their age or experience level, a driver who is looking at their phone instead of the road is more likely to cause a wreck than attentive drivers. Even worse, these wrecks often happen at high speeds, meaning they are more likely to cause serious injuries compared to other types of collisions.
Pursuing legal action over texting while driving car accidents in Braselton could be less stressful with the help of an auto accident attorney from Smith Hulsey Law on your side. Call us today to schedule a confidential consultation.
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