Texting While Driving
Atlanta Auto Accident Lawyer
In the last decade, cell phone texting has become more commonly used as a form of communication. But once people get behind the wheel of a car, cell phone texting must be limited to ensure safety. Atlanta car accident attorney Terrence R. Bethune has been litigating car accident cases since 1997. If you have been injured by a texting driver, The Law Office of Terrence R. Bethune can help you seek compensation for your injuries.
Drivers Who Text While Driving Cause Millions of Accidents Each Year
According to the National Highway Traffic Safety Administration, a driver who sends text messages while driving is 23 times more likely to be involved in an accident than one who does not. A cell phone is responsible for nearly 25 percent of all car accidents, or about 1.6 million accidents each year in the United States, according to the National Safety Council. Additionally, it has been illegal to text and drive in Georgia since 2010.
Those Injured by a Texting Driver Can File a Negligence Lawsuit
A person injured in a car accident caused by a texting driver can file a negligence lawsuit to seek compensation for her injuries. To prevail in such a suit, Georgia law requires the plaintiff to prove:
- The texting driver, the defendant in the case, owed the plaintiff a duty;
- The texting driver breached the duty; and
- The texting driver’s actions were a proximate cause of the plaintiff’s injuries.
All Georgia drivers owe a duty to others on the road to drive reasonably. When a driver is distracted by sending or reading text messages while driving, this duty has generally been breached. If an accident occurs because of the driver’s lack of attention, the driver will be liable for any injuries he caused.
It is important for a person who has been injured in an accident to contact an attorney as soon as possible after the accident. Georgia imposes a two-year statute of limitations on personal injury cases, meaning that a plaintiff has two years from the date of the accident to file a lawsuit. Although this may seem like a long time, it is important to act before important evidence like phone records is lost or destroyed.
Prevailing Plaintiffs Can Collect Damages
A plaintiff who wins a negligence lawsuit against a texting driver is entitled to damages. The plaintiff can collect economic compensatory damages to recoup money for her hospital bills, lost wages, and property damage. Additionally, plaintiffs who have experienced emotional distress or pain and suffering as a result of the accident can collect compensation for those injuries as well.
Finally, some plaintiffs may be able to collect punitive damage from defendants whose conduct was especially bad. Ask an experienced lawyer if you have questions about whether you are entitled to punitive damages.
Hold Texting Drivers Accountable for Their Actions
A driver who recklessly chooses to put a text message above the safety of his fellow drivers, passengers and pedestrians can be held responsible for that choice. If you have been injured by a driver who was sending or reading text messages, Atlanta car accident lawyer Terrence R. Bethune can help you seek the compensation that you deserve. To schedule a free case evaluation, call (404) 875-7800 or fill out our online contact form.