Due to the latest increase in fatal car accidents, experts have begun to speculate that this is because of distracted driving. Despite Georgia’s new law that bans texting and driving, many still engage in this dangerous act, often causing car wrecks. What does this mean for you if you are at fault or victim to one of these accidents? Depending on certain factors, here is how an accident caused by distracted driving can influence personal injury suits in Atlanta.
Personal Injury Suits and Distracted Driving
If you have been injured in a car accident that was to no fault of your own, you have every right file a claim against the responsible party. Distracted driving greatly attributes to these harmful, and sometimes fatal, accidents, whether it is manual, visual or cognitive. Something like texting while driving can be categorized as any one of these things.
When you file a personal injury suit, or a suit has been filed against you, the details of the accident have to be carefully examined. It must be proved that the responsible party was, in fact, engaging in distracted driving, and that the victim was not. It is only then when a conclusion can be determined, thus settling the case appropriately.
For those who have been cited for distracted driving, whether it caused an accident or not, it can create a trend of negative behavior on your record. Most, if not all, insurance companies don’t take these offenses lightly and are likely to jack-up your insurance premium. If you do cause an accident while driving distracted, then you might have to cover a higher amount of the personal injury costs, whether or not the victim takes you to court.
Claims of Negligence
In order to file a claim of negligence, the plaintiff has to have been injured in the accident, in addition to proving that the defendant was truly at fault. When there is an accident, there is an element of “legal duty of care,” which can mean that the responsible party failed to uphold their legal obligation to operate a motor vehicle safety. With distracted driving, it can be proven that this duty was breached and was the cause of the accident, which then led to the victim’s injuries.
What to Do if You Are Hit
Firstly, in the unfortunate event that you are victim to one of these distracted driving accidents and you are injured, you should seek immediate medical attention. Keep records of all your hospital and doctor’s visits, photos of the injury and a log of your pain after the accident. Also, at the point of the accident, make sure you obtain a copy of the police report and the responsible party’s insurance information.
Secondly, you should seek legal representation to help you file a personal injury suit. However, you have to act fast because in Georgia, like most states, there is a statute of limitations that prevents you from filing such a claim after a certain time period.
Have you been in or caused an accident in Atlanta due to the fault of distracted driving? If so, visit our website and contact us at The Ross Law Firm today, to speak with your professional, Georgia attorney.