Texting while driving is illegal in Macon. Still, some drivers choose to use their phones behind the wheel. When someone texts and drives, they can cause an accident at any moment. Did you or a loved one suffer injuries in an accident with a texting driver? If so, you have legal rights. Our Macon texting while driving accident lawyers can help you get financial compensation to cover your accident costs.
At Foy & Associates, we have 20-plus years of history helping accident victims recover money. We also don’t collect a fee unless we win your case. Call our car accident lawyers in Macon today for a free consultation.
When You Should Call a Lawyer
You might wonder when it’s best to contact a lawyer. A car accident is overwhelming enough—deciding what to do next can feel like too much.
Here’s the truth:
Any time you suffer injuries in an accident is the best time to call a lawyer.
Just be sure to work with an attorney who’s well-versed in your accident type. They can evaluate your accident and determine the best next steps. An experienced lawyer can handle the legal details for you.
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How the Legal Process Works After a Texting While Driving Accident
All motorists have a duty of care to drive safely. If a driver texts while driving, they’ve failed in their legal obligation.
The law refers to a driver’s carelessness as “negligence.” A negligent driver is responsible for the costs of the accident.
If you were injured in an accident you didn’t cause, you can seek compensation.
You Can Sue for Texting While Driving
As the injured driver, you can recover damages from the at-fault driver. Georgia law states this under the Official Code of Georgia Annotated (OCGA) §51-1-6.
All drivers must carry auto insurance in case of an accident. If a driver causes an accident, their insurance company should pay for the costs.
You have a right to sue the driver who was texting, but you might not have to.
Filing a Personal Injury Claim
Before suing, you can file a personal injury claim with the at-fault driver’s insurance company. In some cases, your own insurer might cover some of the damages.
If you can get a settlement from the insurance company, you won’t have to go to court. But getting a fair settlement offer isn’t always easy. The insurer will look for ways to reduce what they pay you.
Thankfully, our lawyers know how to handle insurers. If you get a lowball offer, we’ll be ready to negotiate. We can also communicate with the insurance adjuster on your behalf.
Before filing a claim, your lawyer will determine all of your damages. Texting while driving accidents can be severe, so you might have a lot of losses.
Common accident damages include:
- Medical bills
- Prescription drug costs
- Lost wages
- Loss of earning capacity
- Vehicle repair expenses
- Pain and suffering
Be sure to complete all medical treatments before calculating your damages. If you will need long-term treatment, talk to a lawyer about estimating all of your future costs.
Sending the Demand Letter
Your lawyer will send a demand package to the insurance company.
Here’s what the demand package includes:
- Overview of the accident and who was involved
- Description of your damages
- Details about how the accident has affected you
- Demand for compensation, including a list of all damages
Most insurance companies will respond to the demand with a lowball offer. The insurer is hoping you’ll take the low amount of money and move on. They can pay very little and not have to face a trial.
But now, you know better. Be very careful not to accept the first offer. Also, don’t discuss the accident with the insurance company until you have a lawyer.
If you get an offer, your lawyer will work to negotiate. Your attorney will likely go back and forth with the insurer about your compensation. If all goes well, you’ll agree to a fair settlement amount.
Most accident claims end with a settlement. However, there are cases where you cannot settle.
If you can’t settle your claim, you might decide to sue the at-fault driver.
The trial process is lengthy and expensive. But if you have a strong case, going to court can be worth it. Your lawyer will weigh the pros and cons with you before filing a lawsuit.
Even after you file a lawsuit, there will be chances to settle with the insurance company. Insurers know that trials are costly, so they will usually work to settle.
At John Foy & Associates, we can handle every step of the process. Contact us today to learn what’s right for you after your accident.
Call (404) 400-4000 or contact us online for a free consultation.
Texting and Driving Is Serious
According to Behavioral Scientist, texting while driving is hazardous because it divides our attention.
And that’s not all:
Most drivers think they can text and pay attention to the road at the same time.
Unfortunately, no one is safe while using their phone behind the wheel. If your full attention is not on the road, there is a high risk of a collision.
The Costs of Distracted Driving
Driving while distracted is a huge problem. If a distracted driver causes an accident, the consequences are long-lasting.
Victims can suffer severe injuries, develop emotional trauma, and even lose their lives. The aftermath is never worth a few minutes of texting.
If you or a loved one were victims of a texting-related accident, know your rights. You can seek compensation for what you’ve lost. Reach out today to take legal action against the responsible driver.
Talk to a Macon Texting While Driving Accident Lawyer for Free
Don’t suffer alone after an accident with a texting driver. At John Foy & Associates, we know how to protect your rights. We’ve been helping injured people like you for over 20 years. Call us at (404) 400-4000 or contact us online for a free consultation. You pay nothing unless we win your case.