You are stuck in traffic. You look into your rearview mirror and notice the driver behind you is aggressively texting on their phone, not paying attention to the road. As you slow down, indicating you are turning right at the exit, this distracted and careless driver crashes into the back of your vehicle.
State law specifically bans texting while driving. When you are in a texting-while-driving car accident in Clarkesville, first seek medical attention, then file a police incident report. Your next priority should be to contact a trusted local car accident attorney. The team at Smith Hulsey Law could help you file a case against a reckless driver and work to ensure you are compensated for all the harm they have caused you.
Under Georgia’s 2018 distracted driver’s law—Ga. Code Ann. § 40-6-241.2—it is illegal for anyone with a standard driver’s license to hold, write, send, or read any prohibited form of online or mobile electronic communications while driving. This includes using a cell phone, a laptop computer, or a tablet, even to text or use a navigation app.
There are some exceptions to this law, including emergency situations such as automobile incidents, reporting criminal activity, and dangerous road conditions. People responding to an emergency, such as police officers, ambulance workers, and utility company employees, are also exempt from this law. However, most of the time, vehicle collisions caused by texting while driving are entirely preventable and unnecessary, and injured survivors in Clarkesville have the right to legal recourse.
When someone gets hurt in a texting-while-driving vehicle accident, a Clarkesville attorney could help them pursue compensation from the distracted driver. A skilled lawyer could help injured persons receive damages for economic damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.
The court may award punitive damages to punish the responsible parties for their actions. While state law does not place limits on compensatory damages, injured parties can receive a maximum of $250,000 in punitive damages.
A texting driver may try to escape liability by invoking the state’s modified comparative negligence law. According to this law, an injured person cannot recover any damages if they cannot prove the other driver was more than 50 percent responsible for an accident (O.C.G.A. § 51-12-33 (2010)). Also, under Georgia’s statute of limitations, an injured person cannot sue a negligent texter if they do not file the lawsuit within two years of the incident.
A legal professional could help an injured plaintiff overcome these obstacles by building the strongest possible case within appropriate filing deadlines and advocating for a fair outcome in settlement negotiations or court.
All of this can be both confusing and overwhelming when dealing with the aftermath of a car crash. After a texting-while-driving car accident in Clarkesville, a dedicated lawyer could advise you on your legal rights and provide clear explanations about the steps involved with any potential claims.
Call, email, or chat to speak with a member of our team today. A lawyer at Smith Hulsey Law could review your case and help you receive fair compensation from a negligent driver.
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