Distracted driving is one of the most common types of carelessness in Dunwoody. Cell phones and other technology have increased the number of distracted driving accidents. If you or a loved one were injured because of a distracted driver, you might be entitled to financial compensation.
You probably have medical bills, lost income, and other losses from your accident. Or, maybe you lost a loved one in an accident because of a distracted driver. Either way, you shouldn’t pay for someone else’s mistakes.
Our Dunwoody distracted driving accident lawyers at John Foy & Associates can help. We’ve helped countless victims and their families over the last 20-plus years. We know for it takes to win the recovery you deserve. To get a free consultation today, call (404) 400-4000 or contact us online.
Types of Distracted Driving
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as “any activity that diverts attention from driving.” Our modern world has many things that can do this.
Common types of distracted driving include:
- Texting or talking on the phone
- Checking social media
- Eating or drinking
- Talking to passengers
- Changing the radio or a music app
- Messing with GPS
- Checking your appearance in the mirror
Anything that takes your attention away from driving is risky. There are also three types of distraction:
- Visual distractions that take your eyes off the road
- Physical distractions that take your hands off the wheel
- Mental distractions that take your mind off of driving
Texting while driving includes all three types of distraction. While texting is the most common type of distraction, any activity is a danger. One moment of distraction can change an accident victim’s life forever.
Getting Compensation for Distracted Driving
The results of a distracted driving accident are devastating. But you have rights if you weren’t at fault. The distracted driver is responsible for the costs of the accident. If you were injured, you can seek financial recovery.
You can file a personal injury claim with the other driver’s insurance company. If the driver was at fault, their insurance should pay for the damages. Unfortunately, insurance companies don’t make the process easy.
The insurance company will look for ways to pay you less. It’s best to protect your rights by hiring a Dunwoody distracted driving accident lawyer. Your lawyer will:
- Gather evidence from the accident
- Calculating all of your accident damages
- Handle the insurance company for you
- Fight for the money you deserve
To get a free consultation with John Foy & Associates, call (404) 400-4000. We are available 24/7 to take your call.
What to Do After a Distracted Driving Accident
After the accident, there are steps you can take to protect your rights. The more information you can gather, the better.
Report the Accident
Call 911 to report the accident to the police. Responding officers should create an accident report. You’ll need a copy of this report for your records.
Tell officers that you think the other driver was distracted. For example, maybe you saw them on their phone right before the crash.
Document the Scene
Record as much information as you can from the scene:
- Exchange names, contact information, and insurance information with the other driver.
- Get names and contact information from witnesses.
- Take pictures of your injuries and vehicle damage.
- Photograph the entire accident scene.
Always Go Through the Legal System
Some drivers won’t want to involve insurance. They might offer you cash or promise to pay later. Do not listen. Always get insurance information and report the accident. Then, call a car accident lawyer.
Proving the Other Driver’s Distraction
Proving distracted driving can be challenging. Plus, the other driver will probably deny their actions. That’s why it’s so important to call the police and get a report.
Your lawyer can get phone records for the driver to show that they were texting right before the accident. Witness statements can also help back up your claim. Talk to an attorney today to know all of your options.
Handling the Insurance Company
Insurance companies are looking to settle quickly—and for very little. If you’ve never handled a personal injury claim before, the first offer might even seem like an okay deal. However, you should never accept the first settlement offer.
Your damages are well above what insurance would like to pay you. If you accept a settlement, you’ll close your case. There won’t be a way to gather more for your damages.
Contact a distracted driving accident lawyer for help. Your lawyer will handle the insurance company for you. If you get a lowball offer, your lawyer will know how to negotiate.
What You’re Entitled to Receive from a Distracted Driving Accident
If you weren’t at fault, you can seek recovery for all accident costs like:
- Medical bills
- Lost wages
- Vehicle repairs
- Future treatment
- Pain and suffering
If the driver was incredibly reckless, you could also be eligible for punitive damages.
If possible, complete all medical treatment before filing a claim. You’ll want to know the full extent of your costs so that you don’t get stuck paying out-of-pocket later.
Deadline for Your Accident Claim
Georgia Code § 9-3-33 covers the statute of limitations. Most of the time, you have two years from your accident to file a claim. In some cases, you have less time. Don’t wait to get started on building your case.
Talk to a Dunwoody Distracted Driving Accident Lawyer Today
Car accidents are stressful and overwhelming. A legal case is probably the last thing you want to think about, but you also have bills to pay. Thankfully, John Foy & Associates can handle the details while you focus on healing.
Our lawyers know what it takes to win cases. We also only work on contingency, which means:
- We don’t charge you a dime unless we win compensation for you.
- Our fee only comes as a percentage of what you win.
- There or no upfront fees or out-of-pocket costs for you.
Contact us today for a free consultation. We’ve available 24/7 to assist you. Call (404) 400-4000 or contact us online to get started.