Distracted driving is incredibly dangerous, and it is not uncommon throughout the state of Georgia. If you or somebody you love sustains an injury caused by the actions of a distracted driver, you should be able to recover compensation for your injuries and property damage expenses. However, proving that the other driver was distracted can be challenging. Here, we want to discuss how to prove distracted driving in a Georgia car accident claim.
Types of Distracted Driving
Distracted driving can occur in a variety of ways on the roadways of Georgia. According to data available from the Centers for Disease Control and Prevention (CDC), we can see the distractions revolve around a person taking their eyes off the road, their hands off the wheel, or their mind off of driving. The most common types of distracted driving behaviors that occur in the state of Georgia include:
- Sending or receiving text messages
- Talking on the phone
- Looking at or adjusting GPS data
- Adjusting the radio or music device
- Taking selfies or videos
- Talking to others in the vehicle
- Pets in the vehicle
- Eating or drinking while driving
- Applying makeup
- General inattention (mind wandering)
Data available from the CDC also shows that more than 400,000 individuals were injured as a result of distracted driving crashes during the latest reporting year across this country. Unfortunately, nearly 3,000 individuals lose their lives each year because of distracted drivers.
In the state of Georgia, the Hands-Free Georgia Act went into effect on July 1, 2018. Under this law, drivers cannot have a cell phone or similar technology in their hands or touching any part of their body while they operate a vehicle. The law prohibits individuals from doing the following while driving:
- Reading messages
- Watching videos
- Using the Internet
- Recording videos
- Writing or sending text messages
- Posting on social media
First-time violators of the hands-free law in Georgia could face one point against their license and a $50 fine. A second conviction doubles the point and monetary penalty. A third conviction will result in triple the original fine and penalty.
How Can You Prove The Other Driver Was Distracted?
The most challenging part of a distracted driving accident claim is proving that the other driver was actually distracted when the accident occurred. In order to prove negligence, it has to be shown that the other driver breached the duty of care that they owed to those around them. Yes, distracted driving is certainly a breach of duty of care, but how can we prove this?
There are various types of evidence that can be used to prove distracted driving caused a crash. As with other causes of vehicle accidents, determining fault will likely involve examining multiple points of evidence. This can include:
- Statements from eyewitnesses who may have seen the distracted driving
- Mobile device data
- Police reports
- Video surveillance from cameras on nearby buildings
- Dashcam surveillance footage
It is important to work with a skilled car accident lawyer in Georgia who can handle every aspect of a distracted driving claim on your behalf. An attorney can use their resources to conduct a complete investigation into the incident and gather all of the evidence needed to prove liability. Importantly, an attorney will handle all negotiations with the insurance carriers involved, and they will file a personal injury lawsuit if necessary to ensure you are properly cared for. Contact Kam, Ebersbach & Lewis, P.C. if you’ve been involved in a distracted driving accident.