Many Brookhaven residents are used to multitasking. From working to managing kids and the home, it’s normal to do several things at once. However, texting while driving is a hazardous (and illegal) form of multitasking.
If another driver’s texting led to your accident, John Foy & Associates can help. Our Brookhaven texting while driving accident lawyers know what to do. We’ll help you build a case to seek compensation.
Let us give you a FREE consultation to discuss the details. If you choose to work with us, there is no fee unless we win. Call (404) 400-4000 or contact us online for your FREE consultation today.
The Hazards of Texting While Driving
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving in 2018 led to:
- 2,841 total deaths
- 1,730 killed drivers
- 605 killed passengers
- 400 killed pedestrians
- 77 killed bicyclists
Distracted driving includes any activity that removes your attention from the road—and texting while driving is one of the most dangerous forms of distracted driving.
Texting while driving combines three types of distraction:
- Visual distractions that remove your eyes from the road,
- Manual distractions that take your hands from the wheel, and
- Cognitive distractions that draw your mind from driving.
It takes several seconds to read a text while driving. Writing or sending a text can take even longer. Even in that short time, a severe or deadly accident can happen.
Teenagers are especially prone to texting while driving. Teens are new drivers still learning to follow the rules of the road. Plus, teens are less likely to wait to respond to a text. However, texting while driving is widespread among adults too.
If the driver who caused your accident was texting, you have rights. You shouldn’t have to pay for the other driver’s carelessness. Our car accident lawyers will help you pursue financial recovery.
Texting Is Not the Only Distracted Driving Hazard
Texting while driving is just one form of distracted driving. A Brookhaven driver can become distracted by:
- Checking social media
- Sending or responding to an email
- Sending an instant message
- Taking a phone call
- Eating or drinking
- Reaching over to grab something in the car
- Changing the radio channel
- Messing with a GPS
- Handling kids or pets in the car
- Daydreaming while driving
Any type of distraction is hazardous. While distractions are everywhere, drivers must remain alert. Driving is a privilege—not a right. If someone allows distractions, they could be at fault for a resulting accident.
Texting While Driving Is a Form of Negligence
“Negligence” is a crucial factor in a personal injury case. Under Georgia law, negligence means a lack of reasonable care. In other words, someone fails to act as a careful person would in the same or similar situation.
If another driver caused your accident, you’ll need to prove their negligence. Thankfully, texting while driving is a clear example of negligent driving. If the driver’s texting leads to injuries or death, you can hold them responsible.
You can take legal action after your accident. You’ll need to file a personal injury claim that shows:
- The other driver owed you a duty of care.
- The driver failed in their duty of care (and was negligent).
- The driver’s negligence led to your accident.
- Your accident resulted in injuries and damages.
Of course, proving texting while driving is not always easy. You’ll need to gather evidence that texting occurred. Thankfully, an experienced lawyer will know how to help.
At John Foy & Associates, we’ve worked on countless texting while driving cases. With 20-plus years of experience, we’ve witnessed the rise in cell phone usage. Our lawyers know how to gather evidence of the other driver’s fault.
We might use evidence like:
- The driver’s cell phone records
- Picture or video evidence from the scene
- Text or call logs
- Witness testimony
You should not have to suffer from another driver’s carelessness. If you suspect the other motorist was texting, call us today. We’ll discuss your accident and how we can help. There is no fee unless we win your case.
Call (404) 400-4000 or contact us online for a FREE consultation.
Texting While Driving Laws in Brookhaven
Georgia enacted a Hands-Free Law (HB 673) in July 2018. According to the law, all drivers must avoid:
- Holding or supporting a cell phone with any part of their body;
- Writing, sending, or reading any text messages; and
- Watching, recording, or streaming a video or movie.
Text-based messages include instant messages, texts, and emails. Drivers can still make a call if they use a hands-free device. However, they cannot hold a wireless device with any part of their body.
After your accident, the other driver might claim that they were hands-free. But you know better. We have seen many drivers try to deny responsibility after texting while driving. We can help you gather evidence of the driver’s fault.
Penalties for Texting While Driving
Drivers in Brookhaven can face penalties for texting while driving. Here is how Georgia hands convictions:
- First conviction: $50 fine and one point on driving record
- Second conviction: $100 fine and two points on driving record
- Third or more convictions: $150 fine and three points on driving record
If texting leads to injuries or death, it’s a crime. The driver might face a misdemeanor or felony charge.
If the other driver receives a conviction for texting while driving, it will help your case. Talk to your lawyer about how the other driver’s charges might help your claim.
Talk to a Brookhaven Texting While Driving Accident Lawyer for Free Today
All Brookhaven drivers must drive safely and carefully. That includes not texting while driving at any time. If texting has led to your accident, you have rights.
John Foy & Associates can help. We’ve helped many injury victims win compensation for their accident costs. Find out what you’re eligible to receive after your accident by contacting us today.
To get a FREE, no-risk consultation, call (404) 400-4000, or contact us online. We are available 24/7 to take your phone call.