It is illegal under the Official Code of Georgia Annotated (OCGA) §40-6-241 to operate a motor vehicle while distracted. This includes texting while driving. Any drivers that text while behind the wheel are committing an unlawful act that puts them liable for whatever accident they may cause.
Mableton residents that have suffered from a texting while driving accident can contact our lawyers today to get started filing a claim. You can recover compensation for any of the damages caused by the accident. To schedule an appointment to talk to one of our lawyers, call us today at (404) 400-4000.
How do I Hold the At-Fault Driver Responsible?
If you were hit, either as a pedestrian or as another driver, you need to hold the at-fault driver accountable for their actions so you can receive compensation. Even though texting while driving is an illegal act, the burden of proof still lies on you when pursuing a settlement for your damages.
You prove the liability of the at-fault driver by showing that their negligence caused your accident:
- The driver at fault was required to provide you with a duty of care.
- Because of their negligence, in this case, texting while driving, they failed to provide that duty of care.
- Because of this failure, an accident happened in which you were injured.
- Your injuries and damages were a direct result of this accident happening.
Our lawyers can help you prove these steps by providing you with critical assistance and strong legal representation during negotiation or trial.
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What Will Your Lawyers Do for Me?
Our lawyers can help you in many different ways:
- Represent you during negotiations or trials and fight for your best interests.
- Collect, organize, and store important evidence that supports your case.
- Help you file your claim and submit it on time before the deadline.
- Ensure that all communications with other parties get handled appropriately.
- Help you gather witness and expert testimony to bolster the strength of your case.
We don’t recommend that you try and fight for compensation alone. While it’s not impossible to do so, it makes it significantly harder to negotiate for a fair settlement without an attorney helping you. This is because most insurance companies will take advantage of your lack of legal knowledge and vulnerable condition.
Insurance Companies Are Never on Your Side
Never assume that the insurance company has your best interests at heart. Their goal is to protect themselves, not give you fair compensation. They will do anything and everything to weasel their way out of paying you a settlement.
At the end of the day, insurance companies are a business first before anything else. When an insurance adjuster contacts you, they will do everything they can to try and get you to settle fast for a meager amount. They will also try to convince you that a lawyer is too expensive and isn’t necessary.
Retaining a lawyer is an investment to ensure that you get the actual amount of compensation you are entitled to. Once insurance companies see that you have a strong lawyer by your side, they won’t try to pull a fast one on you. Getting a lawyer to assist you through filing a claim and negotiating for a settlement allows you to have power over an insurance company, not the other way around.
Do I Have a Long Time to File a Claim?
No, you only have two years under Georgia’s statute of limitations for personal injury claims. While this may seem like a long time, the truth is that it isn’t. Building a strong case takes a bit of time, and the longer you wait, the more you risk losing key pieces of evidence.
You should aim to get started as soon as possible so you can file your claim at the best time. The best time to file is when:
- You have a strong case backed by solid evidence.
- You have completed all of your medical treatment to the best of your ability.
- You have retained a strong lawyer to represent you.
- You have calculated all of your damages as accurately as possible.
Don’t be too eager and file before any of the above criteria get met. Doing so may negatively impact your chances of receiving a settlement that truly covers all of the damages you’ve incurred due to your texting while driving accident.
Talk to Our Mableton Texting While Driving Accident Lawyers Today
For a free consultation and to learn more about all of your legal options, please call the texting while driving accident lawyers at John Foy & Associates today. You can reach us online or over the phone at (404) 400-4000. There are no upfront costs or hidden fees.
If we can’t win compensation for you, you pay us nothing.
404-400-4000 or complete a Free Case Evaluation form
