Texting while driving is illegal in Valdosta. Unfortunately, many drivers still choose to use their phones while behind the wheel—and this behavior leads to accidents. Thousands of people die every year because of distracted drivers.
If you or a loved one were victims of an accident that involved texting, you have options. You might deserve compensation for your medical bills, lost income, and more. Our Valdosta texting while driving accident lawyers can help.
At John Foy & Associates, we have watched the rise of texting while driving and the accidents it causes. We have been helping accident victims recover what they deserve for over 25 years. To discuss how we can help you and your family after an accident, reach out today. Call (404) 400-4000 or contact us online for a free consultation.
Texting While Driving Laws in Valdosta
The Hands-Free Georgia Act took effect in July 2018. According to the Georgia Governor’s Office of Highway Safety (GOHS), you cannot do the following while driving:
- Have a phone in your hand or touching any part of your body
- Write, read, or send text messages, social media content, emails, or other internet data (even with hands-free applications)
- Watch videos (except GPS)
- Record video (except continuously-running dashcams)
- Touch your phone to active or change streaming music
Georgia passed these laws to help reduce distracted driving accidents. However, some claim that the state needs even stricter rules.
Penalties for Texting While Driving
There are consequences for texting and driving. Here’s what a driver can face if convicted:
- First conviction: $50 fine and one point on driving record
- Second conviction: $100 and two points on driving record
- Three or more convictions: three points on driving record
The second and third conviction fines only apply when the convictions happen within 24 months of the first.
Overall, drivers should avoid devices that take their attention away from driving. Sadly, many things can distract someone from driving safely. If a motorist is not careful, they can cause a severe or deadly accident.
Victims Can Take Action Against a Texting Driver
In Georgia, drivers must act in a way that doesn’t cause harm—and texting while driving is a careless act. It can cause terrible injuries or worse. If a texting driver caused your accident, you have a right to seek compensation.
You might have a negligence claim or lawsuit against the driver. “Negligence” means a lack of care that cautious people would have in the same situation, according to the Official Code of Georgia Annotated (OCGA) §51-1-2.
As the victim of an accident, you must prove that:
- The texting driver owed you a duty of care.
- The driver failed in their duty.
- The failed duty led to your accident.
- You suffered injuries and damages from the crash.
Since Georgia is a fault state, the at-fault driver’s insurance company pays for the accident. So, the first step is usually to file a personal injury claim with the driver’s insurance. If you cannot get a fair insurance settlement, you might need to file a lawsuit.
Thankfully, most accident claims end with a settlement and don’t require a court case. You’re also most likely to get a fair offer if you work with an experienced lawyer. Your lawyer can help build a strong claim and fight for your rights.
After your accident, call our team at John Foy & Associates. We have 25-plus years of experience and know-how to pursue what you deserve. Call (404) 400-4000 or contact us online for a free consultation.
The Dangers of Texting and Driving
Texting while driving is one of the most hazardous behaviors on the road. According to the National Highway Traffic Safety Administration (NHTSA):
- Reading or sending a text removes your eyes from the road for five seconds.
- In that short amount of time, a car going 55 mph can travel the length of a football field.
- Texting while driving is like operating a vehicle with your eyes closed.
Drivers should understand the severity of texting behind the wheel. A texting driver is putting everyone at risk, and there is no excuse.
If you or a loved one were injured because of a texting driver, you have rights. You might deserve full compensation for your accident costs. Contact our team today to learn how we can help you.
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Ways to Prove a Driver Was Texting
Your claim will need to show that the other driver was texting before your accident. You’ll also need to prove that texting caused your accident. Here are some ways that you can support your claim.
Calling the Police
After the crash, contact the police. Let officers know that the other driver was texting before the accident. The police might put these details in their report, which can be helpful to your case.
Obtaining Phone Records
Your lawyer can help you pull phone records for the driver. These records might show that the driver was sending or receiving text messages around the time of your accident. You can also find out if the driver was on a call.
Getting Witness Testimony
Other people might have witnessed the other driver’s behavior. Witnesses could be the driver’s passengers, your passengers, or third-party drivers.
Get the names and contact information for any witnesses at the scene. Your lawyer can reach out to these people for witness statements.
Calling a Lawyer
Our team of personal injury lawyers can help you with all of the above and more. It’s best to get a lawyer on your side as soon as possible after the crash. They can help you collect evidence and protect your legal rights.
Talk to a Valdosta Texting While Driving Accident Lawyer
At John Foy & Associates, we’ve been helping accident victims for over 25 years. We make the process as simple as possible for our clients. Here’s how it works:
- You can contact us 24/7 for a free consultation to discuss your accident.
- There are no upfront fees to start working with us.
- We do not charge a fee at all unless we win you money.
- Our fee only comes as a percentage of what we win for you.
Learn more about our process and why we’re known as the “Strong Arm” today. For us, every case is personal, and every client matters.
Call us at (404) 400-4000 or contact us online to get your free, no-risk consultation today.
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