Distracted Driving Accidents
One of the basic rules of driving is that drivers should give their full attention to the road at all times. However, it is an unfortunate fact that many drivers divert their focus to things in or around their cars, and distracted driving is one of the primary causes of car accidents in Georgia. If you suffered injuries caused by a distracted driver, it is in your best interest to speak to an attorney regarding your potential claims. The Gainesville distracted driving accident lawyers at Cook Law Group have ample experience helping people injured in these accidents, and we are ready to help you seek all the compensation that you may be owed.Causes of Distracted Driving
Often, distracted driving accidents are caused by drivers paying attention to electronic devices rather than the road. For example, a driver may look at a cell phone while driving to check a social media page or to read a text message, taking the driver’s attention away from the road. Similarly, while GPS devices are intended to help drivers, they can be distracting as well. In an effort to reduce accidents caused by distracted driving, Georgia recently enacted the Hands-Free Georgia Act, which is a law prohibiting drivers from touching their phones if they are talking on the phone while driving. Additionally, the Hands-Free Georgia Act states that drivers cannot read, write, or send text messages while driving, even if they are using hands-free technology. Drivers are also barred from accessing social media and watching and recording videos while driving.
Although electronic devices are the primary causes of distracted driving accidents, drivers may also be distracted by passengers, eating or drinking, the radio, or things outside the vehicle. A distracted driving accident attorney in Gainesville can review the events leading to an accident to determine whether distracted driving played a role.Proving That Distracted Driving Caused an Accident
A person who drives while distracted and subsequently causes an accident may be held accountable for any harm caused by the accident. Generally, a lawsuit arising out of a distracted driving accident will set forth a negligence claim against the distracted driver. In this claim, the plaintiff must prove that the driver owed the plaintiff a duty, the driver breached the duty, and the accident and the plaintiff’s harm were caused by the breach. In cases involving distracted driving accidents, the duty owed will be the duty to drive with reasonable care. Since it is not a reasonable behavior, driving while distracted would constitute a breach of the duty.
Proving that distracted driving caused an accident can be challenging, since often only circumstantial evidence is available. In some cases, eyewitness testimony may establish that a driver was talking on a cell phone or was otherwise distracted at the time of the accident. A Gainesville distracted driving accident attorney may be able to obtain the driver’s cell phone records or gain access to the driver’s social media applications or email accounts to determine whether the driver was engaging in improper use of his or her phone at the time of the accident. If a driver’s electronic records indicate that the driver was paying attention to something other than the road at the time of the accident, these records can be used to demonstrate that the accident occurred because the driver was distracted. Additionally, if the police investigated the accident and cited the driver for violating the Hands-Free Georgia Act, the driver may be deemed negligent as a matter of law. On several occasions our firm has proven distraction caused the car wreck at issue and injured our clients. We often engage cellphone and forensic experts to download devices such as phones, GPS devices and other items to explore these claims.Meet with a Skillful Georgia Attorney
While distracted driving is common, proving that a distracted driver caused a car accident can be difficult to do on your own. If you suffered harm due to a driver who was not paying proper attention to the road, you should retain an attorney with experience handling lawsuits arising out of distracted driving accidents. The skillful Gainesville lawyers at Cook Law Group know what it takes to prove that a distracted driver caused your harm, and we will advocate assertively on your behalf. The distracted driving accident lawyers at our Gainesville firm represent injured people in cities such as Gainesville, Albany, Columbus, Savannah, Macon, Augusta, Athens, and Valdosta. You can reach us via our online form or by calling 678-928-3899 to schedule a meeting.