From smartphones to infotainment and navigation systems, the number of in-vehicle distractions Georgia drivers have to divert their attention from the road has increased significantly over the last decade. On average, 700 people are injured, and eight people are killed in distracted driving crashes each day. With 57,605 distracted driver convictions in Georgia in 2021, it’s clear that distracted driving is a significant cause for concern for anyone on the road.
If you were injured in a distracted driving accident caused by someone else’s negligence, you have the right to demand compensation for your injuries and other losses. A Duluth personal injury attorney could help you hold the responsible party accountable for their losses by proving that the accident was caused by distracted driving.
What is Distracted Driving?
Distracted driving occurs when a driver engages in another activity while driving that takes their attention away from the road. Distracted driving can increase the chance of a crash. While young adult and teen drivers are most at risk for distracted driving, drivers of all ages are susceptible to being distracted while on the road. Driving distractions can be categorized as:
- Visual – when a driver looks away from the road
- Auditory – when a driver focuses their attention on sounds other than those on the road
- Manual – when a driver removes one or both hands from the steering wheel
- Cognitive – when a driver is thinking about something other than driving
Some activities that could be considered distracted driving include:
- Talking or texting on a cellphone
- Eating or drinking
- Reaching for something in the vehicle
- Turning to look at passengers in the vehicle
- Operating a car’s entertainment or navigation system
- Looking at an accident or other object on the road (rubbernecking)
What Are the Dangers of Distracted Driving?
We are taught that responsible driving requires our complete attention when we learn to drive. Unfortunately, so many distractions can take a driver’s attention away from the road, and, as the statistics show, this happens all too often. Nine percent of fatal crashes and 15 percent of injury-causing crashes in 2019 were caused by distracted driving, resulting in 424,000 people injured and 3,142 killed.
Cellphone use is the most common and dangerous form of distracted driving. A recent study from the AAA Foundation found that a driver talking on a cellphone is up to four times more likely to be involved in a crash, and a driver who is texting is up to eight times more likely to crash. While these statistics are alarming and drivers are aware of the dangers of distracted driving, many still do it. A recent survey found that over 84 percent of drivers recognize the dangers of cellphone use while driving. Despite this, 49 percent reported talking on a cellphone, and 35 percent admitted to texting while driving.
What Are Georgia’s Distracted Driving Laws?
A new hands-free law took effect in Georgia on July 1, 2018. Under this law, all drivers are required to exercise care in operating a motor vehicle and are prohibited from engaging in any actions that would distract them from safely operating their vehicle. This new law also specifically addresses the use of technology while driving and prohibits a driver from:
- Holding a phone in their hand or having a phone touching any part of their body
- Writing, reading, or sending text messages, emails, or any other internet data
- Watching videos, except for GPS navigation
- Touching their cellphone to activate or program music through an app
Georgia drivers who are convicted of distracted driving under this law face the following penalties:
- First conviction – $50 and one point assessed against the driver’s license
- Second conviction – $100 and two points assessed against the driver’s license
- Third conviction – $150 and three points assessed against the driver’s license
A distracted driver who causes an accident could also be responsible for compensating the victims for their injuries, financial losses, and damaged property.
How Does the Law Affect a Claim?
If you have been involved in an accident caused by distracted driving, you may be wondering how the law will affect your claim. The first thing to keep in mind is that distracted driving of any kind is illegal in Georgia. This means that a driver who is found to have been distracted at the time of an accident can be held fully responsible for all costs and damages.
To successfully claim compensation, however, you must be able to prove that the other driver was distracted while driving. If there is evidence that you were distracted in any way, this can reduce the value of your claim. An experienced car accident attorney could assess your case to help you understand your rights and the value of your claim.
How Brauns Law Can Help
Despite the strict laws in place to prevent the practice, proving distracted driving in Georgia can be difficult. After an accident, it is critical that you act quickly to gather all available evidence to support your claim. The Duluth car accident lawyers at Brauns Law Accident Injury Lawyers, PC, will be ready to help you seek fair compensation for your medical bills and other losses.
David Brauns is a highly skilled personal injury attorney who brings experience from both sides of the table. Having started as an insurance defense attorney, he has insider knowledge of how insurance companies evaluate claims. He has used this experience to build a successful law firm dedicated to providing a higher standard of service for his clients. David and his legal team are committed to helping you with every aspect of your case, from collecting evidence and filing a claim to getting your car repaired and obtaining the medical treatment you need. We work on a contingency-fee-basis, meaning that if we don’t win, you won’t pay anything. Find out how Brauns Law Accident Injury Lawyers, PC can help you. Call or contact us online today for a free consultation and case evaluation.
