Texting Behind the Wheel

Every driver and pedestrian is supposed to obey all traffic laws while on the roadways. For instance, if you are walking, you are only supposed to cross the street at a designated pedestrian crossing. If you are driving, you are supposed to pay attention to street lights and traffic signs. Unfortunately, not every driver pays attention to the roadways while operating a motor vehicle.

Distracted driving involves an individual operating a motor vehicle while doing something else. The other action could be texting while driving, fiddling with the radio, using a GPS device, talking on the phone, eating food, searching for fallen items on the floor, or talking to passengers in the vehicle.

According to Georgia law, texting while driving, in particular, is an illegal act. Two laws went into effect in Georgia to stem the danger of distracted driving. As of July 2010, it is illegal to text while driving, and any cell phone use of any kind is prohibited by teenage drivers.

A driver can face criminal punishment if he or she decides to text while operating a motor vehicle. If a distracted driver injures you while texting and driving, you can file a personal injury claim to seek compensation for your injuries. The driver, if found liable, will owe you money.

It may be obvious that the other driver was one the phone at the time he or she injured you. For instance, the other driver may have exited the vehicle immediately after the accident with phone in hand. The other dirver may have told you that he or she did not see you because he or she was texting at the time. It does not matter. In court, you have to prove that the driver was distracted at the time of the accident to win.

Proving distracted driving occurred happens in four steps:

• You prove the driver had a legal duty to avoid harming you. This is a pretty easy step if you were on the road at the same time as the other driver. The driver has a legal responsibility to keep everyone else on the road safe from harm by not causing an accident.
• You prove the driver did violate that legal duty not to harm you. To prove this, you need to show that the driver caused the accident.
• You prove the driver directly or indirectly caused your injuries. This is where you show that the dirver was texting while driving.
• You prove you are owed damages because of the driver’s negligence. Damages include medical bills, lost wages and pain and suffering you sustained because of the accident.

If a driver was distracted and caused you or someone you care about harm, contact the Persons Firm by calling (770) 424-5125 immediately for a free consultation. We have years of experience helping families in the aftermath of car accidents throughout Georgia, including those where distraction is involved. Timing is important in these matters, so please act quickly to secure proper representation.