Distracted driving is a risk to everyone on Brookhaven on road roads. With smartphones in every pocket, we’re more distracted than ever. If a driver’s distraction led to your accident, you’re not alone. And you have legal options.
At John Foy & Associates, we protect those injured by the other person’s carelessness. We’ve been helping injured clients for over 20 years. Distracted driving is one of our specialties.
We’ll help you file a claim to recover your accident costs. Plus, we don’t charge you unless we win your case. Learn more during a FREE consultation. Call (404) 400-4000, or contact us online.
The Definition of Distracted Driving
Distracted driving is any activity that takes your attention away from driving. As you might see, many things can count as distracted driving:
- Texting while driving
- Eating or drinking
- Changing the radio
- Messing with the GPS
- Putting on makeup
- Talking to passengers
- Checking email or social media
Distracted driving is a risk for anyone. Teenagers are most likely to get distracted, but adults do too. Everyone must be careful to avoid distracting actions while driving.
Types of Distracted Driving
The Centers for Disease Control and Prevention (CDC) say there are three types of distracted driving:
- Visual distractions: take your eyes off the road
- Manual distractions: take your hands off the wheel
- Cognitive distractions: take your mind away from driving
Even a moment of distraction is dangerous. For example, looking down to check a text takes a few seconds. During that time, a driver going 55 mph can travel as far as a football field.
Proving the Other Driver Was Distracted
All Brookhaven drivers owe each other a “duty” of care. When a driver is not careful, it’s known as negligence (Georgia Code §51-1-2). To recover from the other driver, you must show that:
- The driver was distracted.
- The driver’s distraction caused your accident.
- You have injuries and damages from the crash.
Proving that the driver was distracted is difficult. But it’s much easier if you work with an experienced lawyer and:
- Call 911 to report the accident.
- Tell responding officers that the driver seemed distracted.
- Ask any witnesses if they noticed the distraction.
- Take pictures or videos that help your case.
Your distracted driving accident lawyer will investigate the accident. They’ll also gather helpful information like the driver’s phone records.
Don’t Accept the First Settlement Offer
The driver’s insurance company is usually responsible for the damages. But you should not trust the insurance company. If they offer you an upfront settlement, do not accept it. Talk to a lawyer first.
Once you take a settlement offer, you’ll close your case. You won’t be able to fight for more money.
Insurance companies are looking to pay as little as possible. They are not on your side. Before you talk to them or agree to any money, contact an experienced lawyer.
Get a Free Legal Call
At John Foy & Associates, our distracted driving accident lawyers know what to do. Our founder is known as the “Strong Arm” for a reason. We stand up to insurance companies and fight for the settlement you deserve.
The insurance company is more likely to take you seriously if you have an attorney. Learn more by contacting us today. Get a FREE consultation: call (404) 400-4000, or contact us online.
What to Do After a Distracted Driving Accident
After an accident, think about documenting the details. Start building your case by:
- Calling 911 to report the accident
- Getting a copy of the accident report
- Exchanging contact and insurance information with the other driver
- Taking pictures of the accident scene
- Getting emergency medical treatment (if you need it)
Avoid talking about the accident with the other driver. Do not apologize or say “sorry” for what happened. If the driver’s insurance company contacts you, don’t respond until you have a lawyer.
Also, see your doctor if you didn’t get treatment yet. Even if you feel okay, have a doctor check you for injuries. If you wait to see a doctor, the insurance company will use it against you.
Don’t wait to contact an experienced lawyer. Schedule a free consultation to talk about the accident. The consultation will help you know your legal options.
Damages You Can Request After the Accident
You can file a claim for damages if you didn’t cause the accident. Your injury claim can include costs like:
- Medical bills
- Prescription medications
- Physical therapy
- Future medical costs
- Lost wages
- Vehicle damage
- Pain and suffering
If a loved one died in an accident, you could have a wrongful death claim. Talk to your lawyer about if this is an option for your family.
Georgia Has Recent Distracted Driving Laws
Georgia released a Hands-Free Law in July 2018. Under the law, drivers cannot:
- Hold or support a wireless device with any part of their body.
- Write, send, or read any text-based messages.
- Watch, record, or broadcast videos or movies.
All Brookhaven drivers must follow these laws.
Be Mindful of the Statute of Limitations
You typically have two years to file a case after your accident. If you miss the statute of limitations, you’ll miss your chance. You won’t be able to recover from the crash.
Two years go faster than people realize. Protect your rights by contacting a distracted driving accident lawyer today. Your lawyer will help you stay on track.
Our Brookhaven Distracted Driving Accident Lawyers Can Help
An accident can change your life overnight. But if someone else was responsible, you shouldn’t have to pay. At John Foy & Associates, we fight for accident victims throughout Georgia.
We have been in practice for over 20 years, and your needs matter to us. We never rush cases because we know that fair recovery takes time. Our goal is to recover all of your accident costs.
Don’t handle the legal process alone. Reach out for a FREE consultation call. We’re available 24 hours a day, seven days a week to take your call. Call (404) 400-4000 or contact us online.