Norcross Texting While Driving Car Accident Lawyer
One of the most dangerous and reckless behaviors that a motorist can engage in is text while driving. As a result, state law prohibits the use of any electronic device while behind the while of a car. A Norcross texting while driving car accident lawyer could help you pursue compensation if another motorist’s distracted driving caused your losses. A skilled car wreck attorney could use their knowledge and the outcome of the traffic court case to strengthen your claim for damages.
The Dangers Associated with Texting While Driving
A single momentary lapse of concentration while operating a motor vehicle may significantly lower a driver’s reaction time. As such, a motorist may not be prepared for a sudden stop, a pedestrian in a crosswalk, or another driver traveling through an intersection. This lack of reaction time is a common consequence of texting while driving.
A driver who chooses to use their cellphone while behind the wheel violates their duty to drive with care and responsibility. This failure to meet this legal obligation builds the foundation for most cases based on negligence. A texting while driving car accident lawyer in Norcross could help an injured claimant pursue compensation by proving that the defendant acted negligently when using their cellphone and driving.
How Could Someone Prove that Another Person is Liable for a Crash?
Every driver assumes a duty to keep others safe while behind the wheel. This includes an obligation to follow all rules of the road, such as those that prohibit texting while driving, and keeping their attention on their surroundings.
It always falls to an injured individual to prove that a defendant’s negligence caused their losses. Plaintiffs can achieve this goal by proving that a defendant was texting while driving, or simply by demonstrating carelessness. In either event, it is essential to understand what these concepts mean and what evidence can prove these allegations. A Norcross texting while driving car accident attorney could provide more information about what a person needs to prove to prevail in a claim for damages.
A Distracted Driver’s Violation of Traffic Laws
According to the Official Code of Georgia Annotated §40-6-241, it is illegal for a driver to use their cellphone or any other electronic device while operating a motor vehicle. However, there are key exceptions to this policy that allow drivers to use electronic devices as long as they are hands-free or used for navigational purposes. Anyone who violates this law is guilty of a misdemeanor criminal offense.
It is important to understand that a conviction in traffic court does not result in the requirement of the defendant to pay for a plaintiff’s losses. However, a seasoned Norcross lawyer with experience in texting while driving car accident cases may use this conviction as evidence in a related civil claim. Because of a concept of law called negligence per se, civil courts may assume that a defendant is at fault for an accident if there is proof that they violated traffic laws. As a result, a conviction for texting while driving may lead to a successful outcome in civil court.
Car Crash Claims that Center Around Simple Carelessness
While having the advantage of a texting while driving conviction when demanding compensation is certainly ideal, it is still possible to pursue a successful claim without this benefit. Just because a traffic court does not believe that a driver was using a cellphone in an illegal way does not mean that this driver does not still carry civil liability for the crash.
Criminal courts and civil courts use different burdens of proof. While a criminal court must prove a defendant’s guilt beyond a reasonable doubt, civil courts must only believe that a defendant was more likely than not responsible for the incident. As a result, a Norcross texting while driving crash attorney could pursue claims based on the theory that a defendant’s carelessness left them liable for a person’s injuries.
Could a Person’s Compensation Award be Limited?
Learning that a defendant was texting while driving may leave an injured party feeling that they have a foolproof claim for compensation. However, there are many factors that may limit their ability to collect payment.
Another potential limit is when a defendant alleges that an injured party shares some blame for the collision. According to the Official Code of Georgia §51-12-33, juries can examine the actions of all parties to a collision to assign fault. If this fault rises to 50 percent or more to the plaintiff, the court must dismiss the claim. A lesser percentage of fault can reduce compensation by the relevant percentage. A Norcross texting while driving car accident attorney could help to prevent these limiting factors from affecting a claim for compensation.
Contact a Norcross Texting While Driving Car Accident Attorney
Texting while behind the wheel is a reckless activity that greatly increases the chances of an accident. Drivers who choose to their cellphone while behind the wheel not only violate traffic laws but also may make themselves personally liable for any injuries that they cause.
However, pursuing a claim for damages can be difficult without proper legal representation. Fortunately, a Norcross texting while driving car accident lawyer could offer advice and become your legal advocate throughout the life of your claim. A dedicated attorney could focus on any legal challenges while you recover. To learn more about our 100% satisfaction guarantee, call today.