Texting While Driving Car Accidents in Forest Park
Thousands of Americans lose their lives in vehicle accidents every year, and a far greater number experience painful and debilitating injuries. Some car accidents are unavoidable, but if a driver was texting instead of paying attention to the road, it might not seem like an accident at all. The driver made a conscious choice to pay attention to their device instead of the road, with predictable results.
If you suffered injuries in a texting while driving car accident in Forest Park, a car wreck attorney could assist you in seeking monetary damages for the suffering an irresponsible driver caused you.
Forest Park Bars Driver Phone Use
State law does not just ban drivers from texting, it prohibits them from using or even holding an electronic communications device while operating a vehicle—even balancing a phone between the ear and neck while driving is a violation. Offenders face a fine and points on their driving license. The maximum penalty is $150 and three points for a third offense.
If the police investigating an accident cite a driver for using their phone, an injured party’s attorney could use the citation as evidence that the driver was negligent. If the driver is convicted of the offense, a plaintiff in an injury action would not need to prove the driver was negligent. Instead, they could offer proof of the conviction to establish the driver’s negligence.
Statute of Limitations Requires Quick Action
The Official Code of Georgia §9-3-33 gives car wreck victims two years from the date of the crash to file a personal injury lawsuit seeking damages. However, it is usually beneficial for an injured person to seek legal representation long before the two-year time frame expires.
Insurance companies for at-fault drivers often attempt to persuade an injured party to settle a case soon after the crash. If the injured person does not have a good understanding of negligence law, they might give away their legal rights for too little compensation.
However, a capable car wreck attorney could help an injured person calculate their medical expenses, time lost from work, and other costs associated with the injury. They could also investigate the circumstances of the wreck to determine whether the injured person bears some responsibility.
Negligent Plaintiffs Collect Reduced Damages
Georgia applies the theory of comparative negligence to car accident claims. When a lawsuit goes to trial, a judge or jury assesses how much responsibility each party has for the plaintiff’s injuries. The plaintiff can collect damages as long as the judge or jury allocates less than 50 percent of the fault to the plaintiff. However, a plaintiff who is partially at fault cannot collect all of their damages from others. They must instead pay for the portion of their damages attributable to their own conduct.
The insurance company for a texting driver might try to limit their liability by shifting responsibility away from their insured and onto the injured person. A savvy accident attorney could hold the texting driver accountable and help ensure that the insurance companies do not exploit the injured individual.
Call an Attorney Experienced With Texting While Driving Crashes in Forest Park
If you were hurt in a texting while driving car accident in Forest Park, you may be feeling overwhelmed. Although your injuries might still be healing, some insurance companies could be trying to get you to settle your claim.
You could spare yourself a lot of hassle by working with a local attorney who can put their knowledge and skill to work on your behalf. Our firm can help ensure that you receive adequate compensation for your injuries. Schedule a consultation today.