The other driver was texting and driving, what should I do?

By May 15, 2019Car Accident

Driving is a dangerous activity, and motorists must give it their entire attention. Unfortunately, technology has intruded so much so that some drivers think it is perfectly acceptable to send or read a text while a vehicle is moving.

In 2018, Georgia passed the “Hands Free Law” to rein in texting and driving. This law that took effect on July 1, 2018. Nevertheless, too many motorists continue to text and drive, leading to devastating collisions and badly injured motorists.

If you’ve been injured by a texting driver, reach out to MG Law today. We have the experience necessary to obtain compensation.

Why Is Texting Dangerous when Driving?

Some experts have likened texting to drunk driving—and the comparison is not as crazy as it might seem. Drunk drivers have delayed reaction times, and someone who is texting will be slow to swerve or hit the brakes if they are looking at a device. In several seconds, they could travel the length of a football field before finally looking up from their phones.

Georgia’s Hands Free Law is a vital part of trying to make the roads safe. It limits the following:

  • A driver cannot have a phone touching any part of the body while driving.
  • A driver can use voice-to-text but cannot write, read, or send any text message, emails, or social media content.
  • A driver can’t watch a video on the road, though GPS video and navigation is allowed.
  • A driver cannot use a phone or other electronic device to record video, but dash cams that run continuously are allowed.
  • A driver can listen to streaming music but can’t touch an app on the phone while driving.

 

Georgia takes this law seriously. An initial conviction will cost you $50.00 and will add 1 point to your driver’s license. A second conviction leads to a $100 fine and 2 points on the record. Penalties increase for subsequent convictions.

Can I Prove the Person that Caused My Accident Was Texting and Driving?

Yes. There are many pieces of evidence that might be useful:

  • Your own memories. Did you see the driver on a cell phone before the collision? If so, then your own observations are helpful evidence.
  • Other witness observation. Other people could have seen the motorist tapping out or reading a text in the critical moments before a crash. The witness could be a passenger in your car, a bystander, or a passenger in the other driver’s vehicle.
  • The driver’s own statements. Some drivers might admit that they were texting while driving, and you can use these statements to bolster your case.
  • The driver’s actions. Some tell-tale signs that a driver was texting include running a stoplight, drifting into another lane, or other obvious traffic errors.
  • Cell phone records. These can show when a motorist sent a text, which might coincide with your collision. We might need to subpoena the cell phone company for a copy of the records.

 

These are only some of the more common ways to prove texting while driving. Each case is different and has its own facts, so discuss them with a car accident lawyer. The sooner we can begin gathering evidence for your claim, the stronger your case will be.

How Will Proving the Driver Was Texting Affect My Case?

You will strengthen your case for compensation if you can prove the driver was texting. To receive compensation, you need to prove the other driver was “at fault” for the crash. If a driver broke the hands-free device law, then he or she has certainly been negligent and is at fault for the collision.

Negligent drivers must pay compensation to cover a driver’s medical expenses, lost wages, and property damage. If your injuries are serious, you can also receive compensation for pain and suffering, emotional distress, and other losses. You can’t receive punitive damages, like you could if the driver had been impaired by drugs or alcohol, but you will strengthen your case just the same.

Meet with MG Law Today

Hiring the right attorney is critical in texting-and-driving cases. At MG Law, we are aggressive in investigating and pushing for the right evidence to win your case. We leave no stone unturned as we establish that the at-fault driver was texting and driving in violation of the law.

We have built our experience in this field over the course of hundreds of auto collision cases. We can maximize the amount of money available, resulting in a justice for our clients.

Hiring the right attorney is critical in texting-and-driving cases. At MG Law, we are aggressive in investigating and pushing for the right evidence to win your case.

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