Distracted Driving Accident Lawyer in Macon
With the growing popularity of smartphones and tablets, and even the modernization of vehicle consoles and dashboards, it is remarkably easy to take one’s eyes off the road. Sadly, even a brief moment of distraction can lead to significant damage and loss of life. Here is a brief overview of Georgia’s distracted driving laws.
What is Distracted Driving?
Texting or talking on a cell phone are obviously dangerous, but distracted driving includes many other issues that may point to a person’s negligence and increase his or her liability in a car accident. The police report and any independent investigations your attorney relies on will look for the following hazards:
- Eating or drinking food while driving
- Manipulating an object in the car, such as a child’s seat, or reaching for an object on the floor or in the glove box
- Distraction due to billboards, signs, or other outside objects
- Applying makeup, combing one’s hair, and similar priming diversions
- Programming a GPS
- Falling asleep at the wheel
These factors lead to a higher accident risk, and as such, the state uses such deviations to assign a fault percentage to each driver.
Cell Phone Use in Georgia
Laws specifically governing cellphone use vary from state to state, and interpreting them can be a challenge. Georgia bans talking on a cell phone for bus drivers and novice drivers (those 18 years old or younger). All individuals are prohibited from texting while driving in the state. If a police offer sees you illegally engaging in these activities, he or she can give you a citation for reckless driving. These regulations apply to handheld and hands-free phone use.
Negligence and Distracted Driving
The National Highway Traffic Safety Administration has cited distractions as the cause of 80% of crashes. This includes cell phone use as well as the other disruptions listed above. When these lead to an accident, you can receive some compensation from either your or the other driver’s insurance. However, depending on the severity of your case, this may not cover the cost of current and future medical expenses, wrongful death, and issues like time off work and missed income. In such a situation, pursuing a personal injury claim with a qualified Macon attorney can ensure you receive the most reparation possible for your pain and suffering.
When you sit down for your legal consultation, you will go over your various legal options, the specifics of your case, and what we can do to demonstrate negligence. Georgia operates under comparative liability, which means:
- Each driver will be assigned a fault percentage based on his or her influence on the event.
- If you are found less than 50% responsible, you can claim damages and be compensated for the accident.
- Your fault percentage will be deducted from the total amount awarded. For example, if the state decides you are 10% liable for a $50,000 case, you would receive $45,000.
Proving the other driver’s distraction will likely be a part of your personal injury claim strategy. The state takes this issue, and it often leads to other problems, like unsafe driving or speeding. If an accident took place at night, in bad weather, or in low visibility conditions, the fault percentage will exponentially increase for the guilty party. To ensure liability falls where it is deserved, contact our team today.
Contact the Team at Nelson & Smith to Start Today
Personal injury may seem like a frank area of law, but things can get complicated. There is a lot to investigate in a traffic accident, and our firm will go to work and ensure every possible explanation and legal option is explored. Reach out to us today to schedule a free consultation.