John Foy & Associates has represented injured people since 1999. Our distracted driving accident lawyers in Albany have more than 350 years of combined experience handling personal injury claims and standing up to insurance companies throughout Georgia.
Contact us for a free consultation with an Albany car accident lawyer. We can answer your questions and explain your legal options.
How Our Albany Distracted Driving Lawyers Handle Accident Claims
John Foy & Associates handles the legal and insurance work so you can focus on your medical care. Our Albany personal injury lawyers tailor their approach to the facts rather than treating every collision the same way.
Our work may include:
- Investigating the crash and identifying all responsible parties.
- Collecting physical, electronic, and medical evidence.
- Interviewing witnesses and reviewing available video.
- Calculating current and future losses.
- Handling calls, letters, and negotiations with insurance companies.
- Filing a lawsuit and preparing the case for trial when appropriate.
We have recovered more than $1 billion for injured clients. Past results do not determine the outcome of a new claim, but they reflect our long history of representing people harmed by negligence.
Georgia Distracted Driving Laws
Georgia law requires drivers to use due care and avoid activities that interfere with the safe operation of a vehicle. Under the Hands-Free Georgia Act, drivers generally may not hold or support a wireless device with any part of their body while driving.
The law also prohibits drivers from writing, reading, or sending texts, emails, social media posts, and other internet data while on the road. Drivers may use certain hands-free features and GPS functions, but they must continue to watch the road and operate their vehicles safely.
A traffic citation may support an injury claim, but a citation is not required to prove negligence. Other distracting activities, including eating, reaching for an object, interacting with passengers, or adjusting vehicle controls, may also show that a driver failed to use reasonable care.
Evidence of Distraction Behind the Wheel
Drivers do not always admit that they were distracted. Our distracted driving accident attorneys in Albany investigate the surrounding facts to determine what the driver was doing before the collision.
Evidence may include:
- Police crash reports and any citations issued at the scene.
- Statements from drivers, passengers, and other witnesses.
- Cellphone records showing calls, messages, or data use.
- Photographs and video from traffic cameras, businesses, dashcams, or nearby homes.
- Vehicle event data and infotainment system records.
- Skid marks, debris, impact locations, and vehicle damage.
- Admissions made by the driver at the scene or to an insurance company.
Some electronic records are not preserved indefinitely. We may send preservation notices and use the legal discovery process to seek records that are relevant to the crash.
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Injuries Caused by Distracted Driving Crashes
A distracted driver may fail to brake, drift into another lane, run a red light, or enter an intersection without yielding. Because the driver may not react before impact, these collisions can happen at full speed and cause severe injuries.
Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal injuries, whiplash, back injuries, and soft-tissue damage. Pedestrians, bicyclists, and motorcyclists may face an especially high risk of disabling or fatal injuries.
Seek medical care as soon as you can, even if your symptoms initially appear manageable. Some conditions become more noticeable over time, and medical records can help connect your diagnosis and treatment to the collision.
Compensation in an Albany Distracted Driving Claim
If another driver’s negligence caused the crash, you may seek economic and non-economic damages. The available compensation will depend on the evidence, insurance coverage, severity of your injuries, and the effect the collision has had on your daily life.
Medical and Financial Losses
A claim may include compensation for:
- Emergency transportation and hospital treatment.
- Physician appointments, testing, medication, and physical therapy.
- Future medical treatment related to your injuries.
- Income lost during your recovery.
- Reduced earning ability caused by lasting limitations.
- Vehicle repairs or replacement costs.
- Other reasonable accident-related expenses.
Pain and Personal Losses
You may also seek compensation for pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. These losses do not come with fixed bills, so we use medical evidence and details about your daily limitations to show how the injuries have affected you.
How Georgia’s Fault Rules Affect Compensation
Georgia follows a modified comparative negligence rule. If you are found less than 50% responsible for the collision, your compensation may be reduced according to your percentage of fault. If you are 50% or more responsible, you cannot recover damages.
We examine the evidence before accepting an insurer’s version of events. An Albany distracted driving lawyer can challenge unsupported fault allegations and present evidence showing how the other driver caused the crash.
The Deadline for Filing a Georgia Lawsuit
Most Georgia personal injury lawsuits must be filed within two years of the injury. Certain circumstances can shorten, pause, or otherwise change the filing period.
You should not rely on the general two-year period without having your case reviewed. Evidence may be lost long before the filing deadline, and insurance policies may impose separate notice requirements.
Contact a Distracted Driving Accident Attorney in Albany
Our distracted driving accident lawyers in Albany, Georgia handle injury claims on a contingency-fee basis. You pay no attorneys’ fees upfront and owe no attorneys’ fees unless we recover compensation for you.
A contingency fee is typically roughly one-third of the recovery, although the standard percentage generally falls between 33.3% and 40%. We will explain the exact percentage and agree to it with you before representation begins.
Contact John Foy & Associates today for a free consultation about your Albany distracted driving accident.
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