In Smyrna, it’s illegal for motorists to drive while they’re distracted. Distracted driving behaviors can include:
- Texting while driving
- Eating or drinking
- Talking to passengers
- Talking on a cell phone
- Putting on makeup
- Changing the radio or GPS
- Watching a video
Actions that might seem innocent can cause severe injuries and damages. If the driver who caused your accident was distracted, it’s crucial to know your rights. It’s best to talk to a Smyrna distracted driving accident lawyer.
At John Foy & Associates, we can help you with your case. With over 20 years of experience, we know how to fight for what you deserve. We also do not charge a fee unless we win you money.
To schedule a FREE consultation today, call (404) 400-4000, or contact us online.
Distracted Driving Laws for Motorists in Smyrna
According to Georgia Code Section 40-6-241, drivers should not perform any actions that distract them from operating their vehicle safely. That includes the activities mentioned above and much more. Even a quick check of a text message is not safe while driving.
Driving while distracted is negligent behavior. If a driver’s negligence leads to an accident, they are legally liable. The distracted driver could be responsible for all of your accident-related costs, such as:
- Medical bills
- Lost wages
- Lost earning capacity
- Vehicle repairs
- Pain and suffering
If a distracted driver hits you, you could have a personal injury claim. You can seek compensation for your damages from the driver’s insurance company. To get help building your claim, contact a Smyrna distracted driving accident lawyer.
Our lawyers at John Foy & Associates know what to do. We can help you build a strong injury claim. We’re not afraid to “strong-arm” the insurance companies into getting what you deserve.
Get started today with a FREE, no-risk consultation. Call us at (404) 400-4000 or contact us online today.
Georgia’s Hands-Free Laws
Georgia’s hands-free law took effect on July 1, 2018. Here’s what drivers must know about the law:
- Motorists cannot have a phone touching any part of their body while on a call and driving. That includes holding a phone in their hand.
- Drivers cannot read, send, or write text-based messages while on the road. Hands-free technology is also prohibited unless it’s voice-to-text.
- Motorists cannot watch videos (except for GPS) while driving. They also cannot record videos while on the road.
- The law allows streaming music as long as the driver does not touch their phone while driving. The driver must make any changes to the music before getting on the road.
Penalties for Distracted Driving in Smyrna
A first conviction for distracted driving is $50 and a point on the driver’s license. A second conviction is $100 and two points on the license. Three or more convictions is three points.
The second and third conviction fines only occur if the offense happens within 24 months of the first conviction date. If it’s the first conviction, the driver can show that they got a hands-free device. The courts might drop the first conviction in this case.
If a distracted driver causes an accident, they are also responsible for the damages. Talk to a distracted driving lawyer today about getting compensation for your injuries.
Texting Laws for Commercial Drivers
The laws for commercial drivers are even stricter than for other motorists.
School bus drivers cannot use a cell phone while loading or unloading people. Plus, commercial drivers can only use one button to begin or end a call. Commercial drivers also cannot reach for a phone if they have to leave their seats.
How to Prove That the Other Driver Was Distracted
After a distracted driving accident, it can be hard to prove the other driver’s fault. You’ll need to show that they were not paying enough attention to the road. When you hire a lawyer, they will work to gather evidence.
Your lawyer will build your case through actions like:
- Subpoenaing the cell phone records for the driver
- Interviewing witnesses to the accident
- Getting video security camera footage that caught the driver’s actions
- Downloading data from the driver’s car
- Inspecting the at-fault driver’s vehicle
- Looking at cell phone bills or call log data
It’s common for drivers to deny that they were distracted. For example, everyone knows that texting while driving is wrong. But a driver might deny that they were texting out of shame or embarrassment.
Denying distraction does not make the accident go away. You still have medical bills, lost wages, and much more. You should not have to pay for the driver’s mistakes.
Contact a Smyrna distracted driving accident lawyer for help today. Your lawyer will know how to gather relevant evidence for your case.
The Dangers of Distracted Driving in Smyrna
Many motorists underestimate the dangers of distracted driving. It’s common to look over and see another driver texting or checking social media. The truth is, distracted driving can be deadly.
Distracted driving kills thousands of people in the U.S. every year. It can include three types of distraction:
- Visual distractions that take your eyes off of the road
- Manual distractions that take your hands off of the wheel
- Cognitive distractions that remove your mind from the task of driving
Many activities combine all three forms of distractions. However, even one type of distraction is too much. Even a few seconds of distraction can cause a severe crash. That’s time that the at-fault driver can never reverse.
You might have severe injuries and other damages from your accident. Don’t get stuck paying for the costs you did not cause. Talk to a lawyer today about pursuing the recovery you deserve.
Talk to a Smyrna Distracted Driving Accident Lawyer for Free Today
At John Foy & Associates, we have seen the prevalence of distracted driving in Smyrna. Over the past 20 years, we’ve witnessed the rise in electronic distractions. Our lawyers work tirelessly for the justice you deserve.
Contact us today for a FREE consultation. There is no fee unless we win your case. Plus, we’ll answer any questions or concerns during the consultation.
To get your FREE consultation, call (404) 400-4000, or contact us online.