Hit By A Distracted Driver in Marietta? We Can Help
If you’ve been injured in a car accident in Marietta, you may be wondering whether the other driver involved was distracted. When someone isn’t paying attention while they’re on the road, this can lead to serious collisions like rear-end or t-bone crashes.
Contact an attorney right away if you or a loved one suffered injuries in a Marietta car accident and suspect that the other driver was distracted at the time. Call The Champion Firm at 404-596-8044 for a free consultation.
Why Choose Our Distracted Driving Accident Attorneys
Choosing the right distracted driving accident lawyer is critical to protecting your legal rights and your right to full financial compensation. Here’s what sets The Champion Firm apart:
- $90,000,000+ in personal injury settlements and verdicts.
- No pressure to settle. We’re prepared to bring your case to court.
- Prompt and regular updates from our legal team.
Reasons For Distracted Driving in Marietta
Texting while driving is probably the most common or well-known type of distracted driving. Other types of distracted driving fall into three different categories: manual, visual, and cognitive.
Manual distractions happen when you move your hands away from the steering wheel. Examples include reaching for something on the seat or floor, adjusting the navigation or a/c controls, or eating food in the vehicle.
Visual distractions happen when you take your eyes off the roadway. For example, you can become visually distracted if you’re looking in the rearview or sun visor mirror, if you’re looking down at your phone, or if you’re staring at something on the side of the road.
Cognitive distractions happen when you’re not mentally focused on the task of driving. This can include daydreaming, concentrating on loud music or a podcast, or talking to another passenger or someone on the phone.
Texting while Driving
Texting while driving involves all three forms of distractions – manual, visual, and cognitive – which makes it one of the most dangerous types of distracted driving.
Anything that pulls your focus away from the road is distracted driving and therefore a dangerous habit. The key is to recognize what distracts you the most and limit those distractions whenever possible.
Common Causes of Distracted Driving
Here are some other common causes of distracted driving accidents:
- Eating and Drinking in the Vehicle
- Putting on Makeup or Fixing Hair
- Using Phones to Call or Text
- Looking at Another Accident
- Looking at Billboards
- Adjusting the Radio
- Talking to Passengers
- Reaching for Something in the Vehicle
- Being Emotional and Unfocused
Injuries Caused By Distracted Driving Accidents
If you’re involved in a distracted driving accident, the injuries can range anywhere from minor medical issues to catastrophic injuries. Some of the injuries common to Marietta distracted driving accidents include:
- Road rash
- Broken and fractured bones
- Third-degree burns
- Loss of limbs
- Head injuries
- Spinal cord injuries
- Traumatic brain injuries
- Post-traumatic stress disorder (PTSD)
Legal Options If You Were Hit By A Distracted Driver In Marietta
Under Georgia Law, when one person suffers a personal injury in an auto accident with another, at-fault driver, that person is entitled to compensation for their injuries. The injured person can file a claim with the at-fault driver’s insurance company or take their case to court.
What to Expect From the Insurance Company
If you file a claim with an at-fault driver’s insurance company, dealing with the insurers can be challenging. Insurance companies are for-profit companies, and they will try to either reduce or eliminate their liability in the accident. The insurance companies may claim that the accident wasn’t the fault of the distracted driver. Or, they may ask the injured person for a statement, in hopes of manipulating the statement so that it looks like the injured driver is taking the blame for the accident.
To hold the at-fault driver accountable and to avoid the insurance company’s tactics, it may be in your best interest to have your attorney handle the negotiations. Let your distracted driving attorney communicate with the insurance company and advocate on your behalf.
Why Consult a Distracted Driving Accident Lawyer?
A Marietta distracted driving accident attorney can help you in your personal injury case by:
- Establishing liability
- Gathering evidence to prove who was at fault
- Calculating the value of your claim
- Dealing with the insurance company
- Preparing your case for trial
- Advocating for maximum compensation in court
Damages Available in a Marietta Distracted Driving Accident
Following an accident with a distracted driver, you may be entitled to compensation for your injuries. The amount of that compensation depends on a number of factors, including the circumstances surrounding the accident and the severity of your injuries.
Compensation, or damages, can be economic or non-economic. Economic damages are based on measurable financial amounts, such as medical bills, lost wages, or other out-of-pocket expenses. Non-economic damages are more subjective, such as pain and suffering, emotional distress, or diminished capacity.
How to Maximize Your Distracted Driving Claim
If you hope to recover the maximum amount of compensation in your distracted driving accident claim, you should be prepared to file both an insurance claim and a personal injury lawsuit.
Through the insurance company, you may be able to recover economic damages, such as your medical expenses or the cost of repairing or replacing your vehicle. The insurance company will only be required to cover your damages up to the limits of the policyholder’s policy.
If the insurance company offers a low settlement, or if your damages exceed the insurance company’s settlement, you may want to file a lawsuit to receive your full compensation.
How To Prove A Distracted Driver Caused Your Accident
When you file a claim with the distracted driver’s insurance company or with the court, you’ll need to show that the driver caused the accident – and therefore, your injuries. There are a couple of different ways to prove that the distracted driver was at fault. One, the driver may admit fault at the scene of the accident. In this case, the police officer at the scene will include the driver’s admission in their police report.
Two, if there are witnesses at the scene of the accident, they may overhear the driver admitting that they were distracted at the time of the accident. The distracted driver may say that they were on the phone, were looking at something outside the car, was adjusting the radio at the time, etc.
Three, if you suspect that the driver was texting at the time, you may be able to access the driver’s phone records. A personal injury attorney can help obtain those records during the process of the lawsuit.
Distracted Driving Accident FAQs
Here are some questions we frequently hear in distracted driving cases. If you have additional questions, contact us to discuss your concerns.
What Counts as a “Handheld Device”?
In 2018, Georgia introduced the HandsFree Georgia Act, which stipulates that drivers cannot have a phone in their hand or touching any part of their body while driving. Even with hands-free technology, drivers cannot send texts, emails, or social media content while they’re on the road.
Under the law, Georgia drivers cannot use a stand-alone electronic device while driving. This includes a cell phone, text messaging device, personal digital assistant, computer, GPS receiver, or smart watch.
Can You Get the Other Drivers’ Phone Records?
Once you file a personal injury lawsuit, your attorney may be able to obtain the phone records of the distracted driver. Those records may indicate whether the at-fault driver was using their cell phone at the time of the accident.
How Dangerous is Distracted Driving?
Distracted driving is hazardous. Aside from civil liability, distracted drivers may also face criminal penalties if they cause severe bodily injury or death in a collision. Approximately 56% of all motor vehicle traffic crashes involve distracted driving. People who engage in such dangerous driving practices are more likely to cause serious accidents and catastrophic injuries.
Contact Our Marietta Distracted Driving Accident Attorneys
If you have been injured in a distracted driving accident, talk with a Marietta personal injury attorney as soon as possible. At The Champion Firm, we have experience representing injured victims of distracted drivers and can fight for the full compensation you deserve.
Contact us today for a free consultation about your car accident case.