From snacks and rowdy passengers to road debris and fiddling with the radio, there are plenty of driving distractions. However, the most prevalent and most harmful of them all may be texting. By law, Georgia drivers cannot use their cellphones while driving. In fact, they cannot even drive with their cellphone in their hand or in their lap. Hands-free devices are a great solution, but not everyone follows the law.
When you or your loved ones get hurt in a texting while driving car accident in DeKalb County, take legal action as soon as possible. Our dedicated car accident attorneys are ready to listen to your story.
Determining Fault in a Texting and Driving Accident
All motorists have a responsibility to exercise appropriate care and avoid distractions while driving. Anything that takes a person’s attention off the road can endanger everyone around them.
The legal concept “negligence per se” means someone is considered automatically negligent and has breached a duty of care if they have exhibited certain behaviors. Texting and driving is one of those behaviors. It is against the law, just like speeding, driving on the wrong side of the road, or driving while intoxicated.
Driving while using a cellphone makes a person automatically negligent. An attorney only has to prove that the texting driver’s negligence was the proximate cause of the injury, meaning they must link the violation of a law to the actual accident and subsequent damages.
The division of blame differs depending on the state where an accident occurred. Georgia follows contributory negligence laws. This means if someone involved in a texting and driving accident in DeKalb County is found to be more than 50% liable, they cannot recover any compensation at all. If they are less than 50% liable, the amount of recovery will be reduced by that corresponding percentage. For example, if an injured person was going to get $100,000 after an accident, but they are found 40% liable, they would only receive $60,000.
In a scenario where both drivers were on their cellphones, blame will be split between the two of them.
Evidence in Texting and Driving Crashes
Here in DeKalb County, cellphone logs and their timestamps are the most important pieces of evidence for texting and driving accidents. Attorneys can send out preservation notices (also known as anti-spoliation notices) to preserve cell phone data. Note that law enforcement and insurance companies must obtain consent before contacting phone companies and seizing the phone records of drivers in a car accident. If they do not, they will need to subpoena them during a lawsuit.
Eyewitness testimony is also important. Make sure to collect contact information from everyone at the scene of an accident, not just the other driver in the collision.
Connect With a DeKalb County Attorney for Help With Texting While Driving Car Accidents
Distracted driving is a serious problem on our roads, and texting is one of the worst habits that contribute to it. When a negligent driver prioritizes checking their mobile device over maintaining your safety, you deserve to be compensated.
At Robert James Trial Attorneys, we treat you with respect and professionalism every step of the way. With over 25 years of experience and countless victories, we are never afraid to go to trial and fight for justice. Our responsive team is available to hear your story now. Contact us for legal help with texting while driving car accidents in DeKalb County and beyond.