When a driver becomes distracted while driving on Atlanta roads, he/she is not just breaking a few laws, they are also placing other drivers at a greater risk. The victims of cases where a distracted driver was involved are often left with serious injuries, and some even die, which leaves behind devastated families. Recovering from one of these accidents, whether you have lost someone close to you or your injuries caused by a negligent driver, requires the assistance of an Atlanta distracted driving accident lawyer.
H Groves Law knows that the experience that many people go through after a collision can be very difficult, especially if the car accident was caused by someone who was distracted while driving. We have a dedication to assisting victims that have been injured to go after compensation that they deserve. Call our law firm today at (770) 329-1868 to find out how we can assist you when it comes to protecting your rights.
What Is Distracted Driving In Atlanta, GA?
Distracted driving is regarded as the type of behavior that takes the attention of the driver away from driving their car. This can include distractions such as navigation-system tools or dashboard controls. It can also include the driver texting or making a voice call, or reading a message.
The CDC (Centers For Disease Control And Prevention) states that deaths caused by distracted driving in the U.S. every year have increased by close to 400 from 2010 to 2015. The NHTSA has also stated that over 2,800 people died in 2018 from car accidents that were related to distracted driving as the main cause.
What Damages Can Victims Go After For Distracted Driving Claims In Atlanta?
Under the law in Georgia, victims of an accident caused by a distracted driver along with other personal injury types can be eligible for losses that they suffered due to the other party’s negligence. The damages, which are also known as losses fall under these categories:
Economic damage is money-related and tangible damage that covers present and foreseeable expenses. An excellent example of these types of losses includes property damage, medical expenses, and lost wages.
Non-economic damages refer to things that detrimentally impact your life and these are difficult to place a monetary value on. Examples of this include mental anguish, loss of consortium, and pain and suffering.
When a person has acted negligently and exhibited reckless disregard when it comes to the safety of other drivers, juries have been known to award what is known as punitive damages. Examples of these are drivers that text while they drive.
How Long Do You Have To File A Claim?
In Georgia, the statute of limitation for personal injuries means that anyone that is injured in an accident that has involved a distracted driver in Atlanta, GA will need to file a claim within 2 years against the party held responsible.
How To Prove Fault In A Distracted Driving Accident
In Atlanta, you may be eligible for compensation when you were involved in a distracted driving accident only once you have provided proof that the other party was responsible for the accident.
Claims for car accidents require 4 primary elements to provide proof in order for you to have a solid case:
Duty Of Care
Your lawyer has to demonstrate that the other party owed a “duty of care” when the accident occurred. For example, the party at fault had a duty to keep their eyes on the road when driving and to obey any traffic laws.
Breach Of The Duty Of Care
Distracted driving breaches the duty of care of the driver. This means the driver was aware that their behavior might put other drivers in danger, but recklessly or negligently engages in the activity anyway.
The Breach Of Duty Is What Caused Your Injuries
Your attorney also has to prove the driver’s negligence or distraction is what resulted in the accident.
The Resultant Damages And Injuries Led To Demonstrable Loss
Your attorney also has to prove that you have suffered economic or non-economic damages in the accident including medical expenses, lost income, property damage, loss of consortium, diminished quality of life, etc.
Why Do You Need A Lawyer For A Distracted Driving Accident In Atlanta, GA
Navigating all the elements involved in distracted driving accident claims becomes much easier when you have a lawyer on your side. The experienced car accident lawyers at H Groves Law in Atlanta, GA will help you to prepare your case or file a lawsuit when you do not receive a suitable settlement offer.
How Much Does A Distracted Driving Lawyer Cost?
Hiring a lawyer who deals with distracted driving cases shouldn’t have to place you or your family members under financial strain. At H Groves Law we take on car accident cases that include distracted driving on a contingency basis. This does away with having to pay your lawyer upfront or out of your own pocket. You will only pay our legal fees once we have secured a settlement or when the verdict has favored your case. We then take our fee from what you have been awarded according to the fee arrangement that you agreed upon when we first took on your case.
Contact Our Atlanta Distracted Driving Accident Lawyers
If you or your loved one sustained injuries or died due to a car accident involving a distracted driver, you should seriously consider consulting with a compassionate and experienced personal injury attorney at H Groves Law as quickly as you can. We will review your case and investigate the scene of the accident. From here we will collect all the necessary evidence and help you to file your claim. We will also aggressively work towards making sure you receive the compensation that you rightly deserve. Contact us today at (770) 329-1868 to schedule a no-obligation FREE consultation.