Georgia takes a no-nonsense approach to texting while driving. Drivers are breaking the law when using hand-held devices on the road. If one of these distracted drivers causes an accident where you get hurt, you deserve compensation.
This is where our experienced personal injury team steps in. A dedicated accident attorney could find the evidence needed to prevail in a lawsuit, demonstrating another driver’s negligence and what you are owed. Texting while driving car accidents in Winder may be devastating, but Smith Hulsey is here to help.
The Centers for Disease Control and Prevention (CDC) reports that texting behind the wheel distracts drivers in three ways. Visual distractions occur when drivers look away from the road and at their phones. Cognitive distractions occur when drivers are thinking about something other than the road, including what to say in a text message. Manual distractions occur when one or both hands come off the wheel to respond to a message or scroll through social media.
When drivers use their phones behind the wheel, they endanger the lives of other drivers, passengers, and pedestrians. A Winder injury attorney could hold these thoughtless motorists accountable and get the compensation injured parties need after texting and driving accidents.
Georgia enacted the Hands-Free Law in 2018 and continues to air public service announcements and media interviews about the dangers of distracted driving. Drivers generally cannot hold devices or have them on their person. This law does allow hands-free communications and exceptions for first responders.
Under state law, distracted driving is a misdemeanor. Fines and points that accrue on an operator’s license depend on how many previous infractions a driver racks up. If someone is injured by a texting driver, the charges escalate:
Penalties dramatically increase if the distracted driver causes an accident resulting in physical harm. If the texting driver injures another, the charge is reckless driving, with penalties of up to one year in jail, a possible fine of up to $1,100, and four points. If the texting driver seriously injures another person, the charge is a felony with a penalty of one to 12 years in prison upon conviction. Unfortunately, our Winder attorneys know these consequences are not nearly as harsh as those an injured survivor may face after a texting while driving car accident.
To achieve a suitable settlement or prevail in a personal injury lawsuit, a plaintiff must make a credible case the texting driver was negligent. Generally, a citation for the offense under the Hands-Free Law serves as proof of negligence, but if the texting driver puts the phone down and denies driving distracted, an attorney could petition for cell phone records from the driver’s carrier. Calls conducted at the time of the accident are clear evidence of fault.
A legal professional could also ensure a plaintiff meets legal filing deadlines. According to the Official Code of Georgia Annotated § 9-3-33, people in Winder who have been injured by a texting driver’s negligence must pursue litigation within two years of the accident.
Texting while driving is reckless and illegal behavior, but people still do it, risking the lives of others on the road. If you are involved in a crash with one of these motorists, you will need the funds to pay medical bills, repair your car, and make up for lost wages while you recover. Our attorneys could help you recover these payments through an injury claim.
Texting while driving car accidents in Winder are harrowing, but a skilled personal injury attorney could protect your rights and guide you through this overwhelming time. Call Smith Hulsey today to schedule a consultation.
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