Can You File a Claim for a Car Accident Caused by Distracted Driving?

Car accidents caused by distracted driving are dangerous and, unfortunately, all too common. Whether a driver was texting, eating, or focusing on something other than the road, their actions can have serious consequences. 

If you’ve been injured in such an accident, you might wonder, can you file a claim for a car accident caused by distracted driving? The answer depends on several factors, including the circumstances of the crash and Georgia law.

Below, we’ll explore what constitutes distracted driving, how Georgia addresses this issue legally, and what steps to take with the help of an Augusta car accident lawyer if you want to seek compensation.

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What Qualifies as Distracted Driving?

Distracted driving happens when a driver’s attention is removed from the road. According to the National Highway Traffic Safety Administration (NHTSA), there are three primary types of distractions:

• Visual distractions take your eyes off the road, like looking at a phone or GPS.
• Manual distractions involve taking your hands off the wheel, such as reaching for an object.
• Cognitive distractions shift your focus away from driving, like talking to a passenger or being lost in thought.

Texting is a particularly dangerous distraction because it combines all three elements. Reading or sending a text forces a driver to take their eyes off the road, hands off the wheel, and attention away from their surroundings.

Eating, adjusting the radio, or using in-car screens also fall under distracted driving. Even short lapses in attention can lead to serious accidents.

Georgia’s Distracted Driving Laws

Georgia takes distracted driving seriously. Under the Georgia Hands-Free Law, holding a phone or electronic device while driving is illegal. Drivers can use hands-free accessories, but they cannot physically touch their phones during operation. 

Fines and penalties escalate for multiple offenses, and violations can lead to points on a driver’s license. This law applies to all distracted driving involving electronic devices, whether texting, watching videos, or scrolling social media. 

Other forms of distraction, like eating or personal grooming, are covered under the state’s general reckless driving statutes. Drivers must remain attentive and avoid behaviors that compromise roadway safety.

Steps To Take After a Distracted Driving Accident

The days and weeks following a distracted driving accident are critical for protecting your rights and building a strong claim. After addressing the immediate aftermath, focus on these steps to ensure your recovery and case move forward smoothly.

Follow all prescribed medical care

Continue attending medical appointments, follow treatment plans, and document any changes in your condition. Keep all records of physical therapy sessions, medications, and any referrals to specialists. 

Failing to follow through with care could weaken your case, as insurers might argue that delays or gaps indicate less serious injuries.

Organize and preserve all documentation

Start gathering and organizing all paperwork related to the accident. This includes police reports, medical bills, repair estimates, and correspondence with insurance companies. 

Create both digital and physical copies to maintain a thorough record. Staying organized saves time and ensures you have everything you need if your case proceeds to negotiation or litigation.

Monitor your expenses closely

Car accidents often result in long-term financial burdens. Track all related expenses, including medical costs, lost wages, transportation to medical appointments, and future care needs. 

Consider starting a detailed journal or spreadsheet where you document every cost, no matter how small. This will help you present an accurate picture of your financial losses when seeking compensation.

Notify your employer about injuries

If the accident affects your ability to work, communicate with your employer about your situation. Request documentation of missed work hours and reduced capacity, as this can help you file for lost wages. 

If your injuries require workplace accommodations, follow company procedures to arrange adjustments.

Stay cautious in conversations with insurance adjusters

Insurance companies may contact you for additional statements or offer settlements during the weeks after an accident. Avoid providing recorded statements or accepting offers without reviewing them carefully. These initial offers are often lower than what you are entitled to. It’s wise to seek advice before making decisions that could affect your case.

Document ongoing pain and life disruptions

Tracking how the accident affects your daily life can be crucial for non-economic damages, like pain and suffering. Consider keeping a journal where you note physical limitations, emotional struggles, and how the injuries disrupt work, hobbies, or relationships. This personal log can provide valuable insight into the full extent of your losses.

Review legal deadlines

Under Georgia law, you typically have two years to file a personal injury lawsuit. However, some circumstances, such as claims against a government entity or involving minor victims, may have shorter timelines. 

Use this time to review any relevant deadlines and ensure your claim progresses without delays.

Be mindful of your online presence

Avoid discussing the accident on social media or posting updates about your recovery. Insurers and opposing attorneys often monitor online activity to find inconsistencies in your claim. Staying silent on these platforms protects you from misunderstandings or misinterpreting your posts.

Begin considering long-term implications

Some injuries lead to ongoing medical needs or changes in career plans. Take time to consult medical professionals about future treatments and assess how these might influence your claim. Factoring in long-term care helps ensure that settlement offers adequately address your current and future situation.

Consult with a legal professional

The complexity of distracted driving claims in Georgia can be overwhelming, especially when dealing with insurers or proving fault. Reaching out to a qualified legal professional during this time allows you to focus on recovery while they handle the intricacies of your case. 

They can help you understand your options, negotiate on your behalf, and prepare for a successful resolution.

Taking deliberate, well-planned steps in the days and weeks following an accident can make all the difference in the outcome of your claim. Acting proactively, staying organized, and seeking support can help you rebuild your life and pursue the justice you deserve.

Filing a Claim for a Distracted Driving Accident

If a distracted driver caused your accident, you can seek compensation for your damages. Filing a claim begins with determining the responsible party and gathering evidence to prove their negligence.

Evidence that strengthens your claim

To successfully file a claim, you must show that the other driver’s distracted behavior caused the accident. Key pieces of evidence include:

• Phone records showing the driver was texting or making a call at the time of the crash.
• Police reports that describe the driver’s behavior or note distractions as a contributing factor.
• Dashcam footage or surveillance video capturing the incident.
• Witness statements from people who saw the driver engaging in distracted activities.

An attorney can help you obtain some of these materials and use them to build a persuasive case.

Types of Damages You Can Seek

Georgia laws allow accident victims to recover compensation for a variety of damages, both economic and non-economic. These may include:

• Medical expenses for treatments, surgeries, medications, and therapy.
• Lost income if your injuries prevent you from working.
• Pain and suffering for the physical and emotional toll of the accident.
• Property damage to your vehicle or personal belongings.

Punitive damages may also be an option in cases involving willful misconduct, like driving while knowingly distracted. These damages punish reckless behavior and deter others from engaging in similar actions.

Statute of Limitations in Georgia

Georgia law sets a deadline for filing car accident claims or statute of limitations. You typically have two years from the accident date for personal injury cases to file a lawsuit. For property damage claims, the limit is four years. Laws change regularly, so check with a lawyer to make sure you know the current statute. 

Missing these deadlines could prevent you from recovering compensation. Acting quickly ensures you meet all requirements and allows time to gather evidence and negotiate with insurers.

Legal Implications of Multi-Tasking While Driving

Multi-tasking while driving goes beyond texting or holding a phone. Everyday behaviors like eating, grooming, or managing children in the car also qualify as distractions with serious legal consequences under Georgia law. 

Despite their seemingly mundane nature, these activities can significantly impair a driver’s ability to operate a vehicle safely. When multi-tasking leads to an accident, the driver can face liability for any resulting damages.

How Georgia law views multi-tasking while driving

While the Georgia Hands-Free Law focuses on using electronic devices, other distracted behaviors are covered under the state’s general reckless driving statutes. Reckless driving is defined as operating a vehicle with disregard for people’s or property’s safety, and multi-tasking behaviors can easily fall under this category.

Consequences for multi-tasking while driving

Drivers involved in accidents due to multi-tasking face a range of potential repercussions, which may include the following:

• Civil liability: Injured parties can file personal injury claims against the at-fault driver to recover damages for medical bills, property repairs, lost wages, and emotional suffering. Multi-tasking can strengthen the case against the negligent driver and lead to higher compensation for the victim.
• Insurance penalties: Drivers found at fault for an accident due to multi-tasking may see their insurance rates increase. This is especially true if multiple distractions or reckless behavior are documented, as insurers view such conduct as high-risk.
• Legal penalties: Depending on the circumstances, multi-tasking drivers may face fines or points on their license. Severe cases involving injuries or fatalities could even result in criminal charges, such as vehicular manslaughter or reckless driving.

These consequences underscore why Georgia law expects drivers to act responsibly and eliminate distractions.

Why acting fast is essential

Time is critical after a distracted driving accident. Evidence can be lost, memories fade, and witnesses become harder to reach. Acting quickly allows you to preserve key information and ensures your claim moves forward without unnecessary delays.

Reaching out to a legal professional early can also help you meet deadlines and secure a fair settlement. Tackling the claims process while focusing on your recovery can feel like a lot, but taking proactive steps will help you protect your rights and future.

Let the Hawk Firm Help You Get the Justice You Deserve

Distracted driving accidents can disrupt your life in many ways, but filing a claim can help you regain financial stability and hold the negligent driver accountable. Georgia law gives you the tools to seek justice when someone’s careless actions cause harm.

If you’ve been injured in a distracted driving accident, don’t wait to explore your options. Protecting your legal rights starts with taking swift, deliberate action. Secure the care, answers, and compensation you deserve by contacting an experienced Augusta personal injury lawyer for help today.

If you’ve been injured in an accident caused by a distracted driver, The Hawk Firm is here to help. Call us today at (706) 429-5529) for a free consultation and take the first step toward the justice and compensation you deserve.

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