What Should I Do After Being Hit By Someone Who Was Texting And Driving?
There is a great deal of confusion after a car accident, but you can take some important steps to keep yourself and your claim safe. Attorney Mike Rafi offers these recommendations:
- Dial 911 for help – If you are severely hurt, stay there and ask someone else to call. If you can move, get yourself and your vehicle to safety, if possible, before calling for police and medical services.
- Exchange information – Share only your contact information and insurance details with the other driver.
- Avoid small talk – It is easy to accidentally admit blame or make accusations if you speak to anyone other than the police, statements that can be used against you later.
- Call your insurance company – Notify your insurance provider about the accident, but only provide the details of what happened and who is involved.
- Call a texting while driving attorney – Your next call should be to a lawyer who can advise you on how to protect your claim and what to say to the insurance company in later conversations.
- Collect evidence – If you can, take photos of your injuries, the vehicles, road and weather conditions, and anything else that may support your case.
- Avoid discussing the case – Keep conversations about what happened between you and your attorney. Other people may be called to testify, and the other side will likely examine your social media for anything they can use against you.
As soon as you can, share the evidence you collected with your attorney so they can begin investigating your case.
Is Texting While Driving Illegal In Atlanta?
Yes, texting while driving is illegal in Atlanta and throughout the state. The Hands-Free Georgia Act was signed into law in 2018. It outlaws using a handheld wireless communication device while a driver operates a vehicle. The term “wireless communication device” also includes GPS devices, laptops, or any product that sends or receives information.
The law also does not allow drivers to have a phone touching any part of their body, such as resting on their lap. Drivers cannot send or receive messages, watch or record video files, browse the internet, or dial phone numbers. They can only use a voice-to-text feature. Drivers can listen to music or stream audio from their phones but cannot touch the phone to change the selection while driving.
Penalties for violating this law include a $50 fine and one point on the driver’s license. A second conviction costs $100 and adds two points. If there is a third or higher conviction, the fine is $150 and 3 points. These are other penalties the driver may face if they committed other traffic violations when they caused your accident.
What Injuries Do Drivers Cause In A Texting While Driving Accident?
Texting while driving is a form of distracted driving. These individuals can be involved in nearly any accident, including head-on, T-bone, rear-end, and sideswipe collisions. They may also injure pedestrians, bicyclists, and motorcycle riders. When they are not paying attention to the road, they can fail to see that a car in front of them has stopped, that they are drifting into another lane, or that a person is in a crosswalk at an intersection.
Those whom a distracted driver hits can suffer substantial injuries, such as:
- Back and spine injuries
- Broken bones
- Bruises, cuts, and lacerations
- Burns
- Collapsed lungs
- Crushing injuries
- Fractures
- Head and neck injuries
- Internal bleeding
- Traumatic brain injuries
Facing even one of these injuries can leave you with substantial medical costs, including surgery, physical therapy, ER and ICU charges, medication, and ongoing care for many weeks or months. In severe cases, you may be left with chronic numbness or pain, paralysis, or cognitive disorders. Fortunately, your Atlanta texting and driving accident attorney at Rafi, Brown, and Stokes helps you estimate your current and future expenses for your claim.
Who Is Liable For Paying For My Injuries After A Texting And Driving Accident?
Georgia is an at-fault state, so anyone who is found liable for causing an accident must pay for the injuries and damage they cause. The first option is to file a claim against the distracted driver’s insurance policy. This can be challenging since they want to pay as little as possible. Your attorney must present compelling evidence to overcome the insurance adjuster’s arguments about your injuries.
If you are badly hurt, the other driver’s insurance may not address all your costs, especially if they only carry the minimum liability coverage amounts. The minimum for bodily injury is $25,000 per person and $50,000 per accident. The minimum damage to your personal property and vehicle is $25,000.
If this is not enough, your attorney may advise you to file a personal injury lawsuit to recover the full amount of your damages. This option also allows you to seek compensation for the pain and suffering you undergo while you recover.
What Evidence Is Used To Show Texting While Driving?
Cell phone records may be the primary source of evidence to establish negligence in your texting and driving accident case. Your lawyer can subpoena the records from the other driver’s wireless provider to identify whether they were using the phone to talk, text, or browse during the crash. This can often encourage the defendant to settle your case quickly to your advantage.
Other evidence commonly used in distracted driving cases include:
- Data from the car’s computer showing braking or acceleration during the crash
- Video from traffic cameras, dashcams, or witness cellphones
- Witness statements
- Police reports
- Cellphone browsing history
- Expert testimony
Your attorney’s goal is to demonstrate negligence, which means establishing that the distracted driver had a duty to drive safely and they failed to uphold it. It also requires your lawyer to prove that the driver directly caused or contributed to your injuries and provide a detailed estimate of your costs. Car accident cases require a preponderance of the evidence for success, meaning you must provide abundant, high-quality documentation of the other driver’s carelessness.
How Much Could My Accident Claim Be Worth?
Every car accident case is different, meaning the value depends on the circumstances of the claim. If you file an insurance claim, you can claim only economic damages. These are those costs that have a price tag associated with them.
You have the right to seek full compensation for every economic expense, including:
- Auto repair for your vehicle
- Damage to personal property, such as clothing, luggage, computers, or cell phones
- Home services, such as cleaning, cooking, and maintenance
- Lost earning potential if you are disabled
- Lost income and benefits
- Medical or mobility devices
- Prescription drugs
- Rehabilitation and physical therapy
- Replacement value for your vehicle if it is totaled
- Surgery
- Travel expenses for medical appointments
However, you may have more than just physical injuries after your accident. The amount of pain and suffering you experience affects your life and should be compensated. Insurance policies often do not cover these non-economic losses, and you need to file a lawsuit against the other driver to secure financial acknowledgment.
These damages can include:
- Anxiety, depression, and PTSD
- Emotional distress
- Isolation, fear, embarrassment
- Loss of enjoyment of life
- Mental anguish
- Scarring and disfigurement
Your attorney will help you calculate these kinds of losses to ensure you are made whole by the at-fault party. Although you may have to undergo the injuries you are left with physically, your lawyer makes every effort to recover the financial relief you need to adjust to these changes comfortably.
Is There a Time Limit For Filing A Texting And Driving Accident Claim?
You should act quickly after an accident to treat your injuries, but you must also begin the process of seeking compensation from the liable party as soon as possible. The Georgia statute of limitations allows you to file legal action only two years after the date of your crash. Negotiations with the insurance company can take months to settle. If you find they won’t make a satisfactory offer, you do not want to end up too late to file your case.
Your attorney also needs this time to prepare the most robust case possible. If you wait too long to speak with an experienced lawyer, you could lose your chance to obtain justice through the courts. Some exceptions may apply to your case, such as if the distracted driver is charged with criminal offenses and must stand trial. Even if someone is killed by a driver who was texting while driving, the statute only gives the survivors two years to file a wrongful death lawsuit.
How Can I Learn More About Pursuing My Claim?
Getting the answers you need to hold a negligent driver accountable is as easy as contacting Rafi, Brown, and Stokes. We are happy to schedule you for a free case review to assess and explain your next steps. When you speak with an Atlanta texting and driving accident lawyer, they provide their best guidance about working with insurance companies and filing lawsuits.
Call us at (404) 800-9933 or use our online form to schedule your free consultation and get started today.
