Now that smartphones are a near-permanent fixture in most people’s hands, text while driving accidents are more common than ever in Roswell. Texting is never an act that should take place while operating a huge, heavy vehicle traveling at high speeds. If you have been injured in an accident where the at-fault driver was texting and driving, don’t let them get away with it. Our Roswell texting while driving accident lawyers are here to help.
Our experienced attorneys at John Foy & Associates can help you gather the evidence you need to show what happened and why you are entitled to recovery. It’s common for texting drivers to deny that they were on their phones before the accident. We can help you uncover the truth and fight for your rights.
Contact us today by calling (404) 400-4000 or contact us online and we’ll set you up with a FREE consultation. We can discuss the details of your case and how we can help. Call (404) 400-4000 or reach out online to get started for FREE today.
The Dangers of Texting While Driving in Roswell
Texting and driving can refer to typing or sending a message or checking or reading a message you’ve received. This can take place on a cell phone or some other electronic device, such as an iPad or computer. Texting while driving is a type of distracted driving—and it is incredibly dangerous.
Here are some vital distracted driving and texting while driving facts from the National Highway Traffic Safety Administration (NHTSA):
- In the time someone takes their eyes off the road to text while driving at 55 miles per hour, they can cover the length of a football field.
- There were 23,000 deaths from accidents involving distracted driving between 2012 and 2018.
- Deadly accidents involving a distracted driver make up nine percent of fatal accidents in the last seven years.
Drivers who choose to text while driving underestimate (or fail to think about) just how much attention it takes to type, send, or look at a text message. A single glance requires significant attention, and that small space of time can cause serious injuries or take someone’s life.
If you or a loved one was injured in an accident caused by a driver who was texting, the at-fault driver should be held responsible for your damages. In Georgia, you have the right to seek compensation through a personal injury claim or lawsuit.
A Roswell texting while driving accident lawyer will know the current laws and how they apply to your case. The goal is to make sure you are compensated for what you’ve suffered—and that the texting driver pays for their negligence. To schedule a FREE consultation with one of our experienced attorneys today, call (404) 400-4000 or contact us online.
Georgia Laws on Texting and Driving
In July of 2018, Georgia laws were expanded to make any action illegal if it distracts the driver from safely operating their motor vehicle. Georgia Code section 40-6-241 states that individuals should NOT:
- Physically hold or support a wireless telecommunications device or stand-alone electronic device
- Write, send, or read text messages, emails, instant messages, or other Internet data on a wireless telecommunications device or stand-alone electronic device
- Record or broadcast a video on a wireless or stand-alone electronic device that is not specifically meant to continuously record or broadcast video inside or outside of the vehicle, such as with a police officer’s dashcam
- Watch a video or movie on a wireless or stand-alone electronic device unless it is for watching navigation-related data
- Reach for a device that forces the driver to no longer be restrained by a seat belt or seating in their driving position or
- Use more than one button to start or end a voice communication
Some drivers assume it’s okay to engage in any of the above actions when they are stopped at a red light or stop sign. However, these actions are only acceptable when the vehicle is “lawfully parked” and not temporarily stopped. If the at-fault driver in your accident tries to claim that they were only texting at a stoplight, they were still breaking the law.
Drivers with a learner’s permit or those who hold a Class D license are not allowed to engage in any type of wireless communication while driving, including hands-free uses. In addition, commercial drivers cannot talk on a cell phone while driving unless they use a hands-free device.
Penalties for Texting While Driving in Roswell
A conviction for violating Georgia’s texting while driving laws is typically a misdemeanor crime with the following penalties, in most cases:
- First conviction: a fine of up to $50
- Second conviction within a 24-month period: a fine of up to $100
- Third or subsequent conviction within a 24-month period a fine of up to $150
Texting while driving will also add a point to the driver’s driving record, which can greatly increase insurance premiums or cause the driver to lose coverage.
The most serious consequence of all, when it comes to texting and driving, is putting the driver and other people on the road in serious danger. There is no message worth the pain that can result from accident injuries and possibly even lost lives.
How to Prove That the Other Driver Was Texting
If you were injured because the other driver was on their phone, don’t get stuck paying for the costs. You have a right to seek compensation for the resulting damages.
In Georgia, since texting while driving is now illegal, you do not need any additional proof to show that the other driver was negligent. If you can show that they were texting and driving, that is considered “negligence per se,” which means texting while driving is proof enough of negligent behavior.
It’s best to first contact a Roswell texting while driving accident lawyer that you can trust. They will know how to immediately take action towards building your case and proving negligence. Your lawyer may prove the driver was distracted by:
- Subpoenaing the driver’s phone records
- Getting call and data logs from the phone right before the accident happened
- Get bills from the driver’s cell phone
- And more
Talk to a Roswell Texting While Driving Accident Lawyer for Free Today
At John Foy & Associates, we firmly believe you should not have to pay a dime for an accident you didn’t cause. If another driver chose to text while behind the wheel and it harmed you, they should pay for their negligent behavior—and you should not.
Our lawyers do not charge a fee unless we win you money, so there is no risk to work with us. Call us today and we’ll get you started with a FREE consultation. Call (404) 400-4000 or contact us online to get started for FREE today.