Even though it is expressly illegal under state law, far too many drivers in Georgia end up causing traffic accidents because they were on their phones. These types of crashes often result in severe injuries, as distracted drivers are especially likely to cause accidents at high speeds and may not even slow down before impact.
Fortunately, texting while driving car accidents in Flowery Branch can generally serve as the basis for a comprehensive personal injury claim. Through this, you could demand fair financial recovery for the harm suffered because of another person’s misconduct. If you were hurt in this type of wreck, contacting a car accident attorney at Smith Hulsey Law to discuss your legal options should be a top priority.
In 2018, the state of Georgia substantially expanded its existing laws prohibiting state residents from texting while driving, making it so that the prohibition applied to all drivers equally and to a much wider variety of distracting actions that could cause accidents. Beyond just reading, writing, or sending text messages through any electronic communications device, it is unlawful in Flowery Branch and throughout Georgia for anyone in control of a moving motor vehicle to do anything with a mobile device—including just physically holding it or balancing it in their lap.
This is important because negligence—the legal principle that allows someone to be held financially responsible for any harm they caused someone else by accident—entails someone breaching a duty to act responsibly under certain circumstances by instead acting recklessly, carelessly, or unlawfully. Accordingly, anyone who collides with another car while driving because they were distracted by their phone in virtually any way can be considered civilly liable for the accident’s consequences, because their actions were illegal under state law.
Sometimes, proving that someone else involved in a motor vehicle accident in Flowery Branch was texting while driving can be as simple as referencing a police report that includes a citation against them that attests to their unlawful behavior. In other situations, demonstrating fault in this way may require more extensive evidence from multiple sources, including dashboard camera footage, witness testimony, and even subpoenaed cell phone records.
Things do not end with establishing fault through negligence, either. As a knowledgeable Flowery Branch attorney could explain, a comprehensive claim filed after a wreck caused by texting while driving should account for both economic and non-economic repercussions that may have already arisen or are likely to arise, including:
In rare cases involving especially egregious negligence, a court may award punitive damages on top of these types of compensatory damages.
Distracted drivers put themselves and everyone around them at colossal risk of suffering catastrophic harm. If someone caused your injuries because they were distracted by their phone behind the wheel, taking proactive legal action against them could be absolutely vital to protecting your long-term prospects and best interests.
Guidance from a knowledgeable legal professional can make a world of difference when it comes to effectively filing suit over a texting while driving car accident in Flowery Branch. Call Smith Hulsey Law today to schedule your consultation.
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