When a driver is distracted, and their attention is diverted from focusing on the road, they are more likely to get into an accident. Texting while operating a vehicle or otherwise using an electronic communication device involves all three types of distraction. It means the driver is not looking at the road, has at least one hand off the wheel to use the device, and is thinking about something other than driving.
When you have been hurt in a texting while driving car accident in Dawsonville, contact a skilled automobile wreck attorney at Smith Hulsey Law. Our lawyers could help you explore potential remedies and see if there is any evidence of negligence that played a role in the accident. If negligence is found, the driver who hit you could be liable for your injuries.
Georgia Code § 40-6-241 prohibits people from using portable communication devices while driving. The law not only targets people using their hands to use their smartphones, but it also prohibits people from using any part of their body to operate these devices, with specific exceptions for people using smartwatches or headphones. For example, even if someone has a hands-free device in their vehicle, they cannot read emails, create text messages, or watch videos or movies. Wireless use is acceptable for making calls, playing music, or using GPS navigation.
The law allows police to pull drivers over without any additional reckless behavior. In the event of a car wreck in Dawsonville, our experienced legal team could examine all the facts of a case and perform a detailed investigation to see whether texting while driving led to the collision. Our attorneys could use the data from mobile devices to help support a claim, as they usually record user behavior.
Georgia Code § 51-12-33 discusses negligence when more than one party is responsible for an accident. The state follows a proportionate negligence rule, modified comparative negligence. Under proportionate negligence, each party is financially responsible for their share of the accident. If a person contributed to the accident, they can still recover from the other wrongdoers for their injuries.
However, there is an essential caveat in the law. Only injured motorists less than 50 percent responsible for their injuries can seek compensation from other wrongdoers. When they have the majority of the responsibility for the accident, they cannot recover. Demonstrating that the other party was texting while driving in a car accident could make financial recovery more likely in a Dawsonville lawsuit.
When you have sustained a severe injury in a texting while driving car accident in Dawsonville, you may be entitled to a substantial financial recovery. In Georgia, people can recover economic damages based on financial losses, such as medical bills and lost wages, and non-economic damages based on non-financial losses, such as pain and suffering, emotional trauma, or loss of companionship. In rare cases, you may also be eligible for punitive damages.
Our diligent attorneys at Smith Hulsey Law focus on representing everyday people and are fearless in taking on insurance companies or their clients. Call our firm today to schedule a consultation to learn about your options.
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