Tucker Texting While Driving Car Accident Lawyer
Despite new measures designed to impede the incidence of distracted driving wrecks, the rate at which these accidents occur—especially those involving cell phone use—continues to grow. The situation could be made worse, however, for individuals who fail to seek compensation for the losses and trauma they suffer due to someone else’s negligent behavior.
If you were injured by a distracted driver, contact a Tucker texting while driving car accident lawyer and learn about possible recoverable damages in your case. A qualified car wreck attorney could fight for your damages in court and might even be able to arrange an out-of-court settlement in your case.
What Does the Law Say About Distracted Driving?
Distracted driving is not just dangerous—in Georgia, it is also illegal. Until recently, however, Georgia had lax rules governing distracted driving.
Among other actions involving the use of electronic devices behind the wheel, Official Code of Georgia §40-6-241, specifically prohibits from reading, writing, or sending any “text-based communication” without the use of a hands-free system. This statute allows law enforcement agents some leeway in assigning liability in traffic accidents.
Therefore, if a driver causes an accident while holding their cell phone to make a call or find directions, this driver is likely liable for some or all damages. When a driver is not watching the road and causes an accident, a Tucker texting while driving attorney may be able to invoke this law to establish liability on the part of the distracted driver.
What are the Possible Damages in Tucker Lawsuits?
In a successful civil case, the amount paid to the plaintiff can depend on a number of factors. First of all, the amount of liability shared by the plaintiff is a major determinant.
Per O.C.G.A. §51-12-33, a court may reduce a plaintiff’s financial award may by a percentage equal to their role in the accident. If a claimant’s degree of responsibility for an accident equals or exceeds 50 percent, however, they ineligible from recovering any civil damages.
In some rare cases, punitive damages may be allowable under Georgia law when the defendant has acted in an especially reckless or devious way. Ultimately, possible awards depend entirely on the details of a case, but a texting while driving car crash lawyer in Tucker might be able to help clients estimate payouts in different legal scenarios.
Eligibility for Filing a Lawsuit
Plaintiffs must be aware of the two different timelines for action in Georgia. These “statutes of limitations” apply to two different categories of damages under state law.
First, per O.C.G.A. §9-3-33, individuals who suffer bodily harm have two years to file formal lawsuits in court. If applicable, though, individuals who experience a loss of property may file a lawsuit within four years under O.C.G.A. §9-3-30. In rare cases, there may be exceptions to one or both of these statutory periods.
Retaining a Tucker Texting While Driving Car Crash Attorney
Proving legal negligence related to distracted driving can often be difficult, it is rare for a driver to admit to using their phone or radio in an illegal way while behind the wheel. Therefore, the burden of proof lies with you.
A Tucker texting while driving car accident lawyer may be your best advocate in the aftermath of your traffic crash. Contact 770-GOOD-LAW today to begin the process of filing a claim, as well as learn more about how we could coordinate your car rental and repairs while working on your case.