Anyone that texts while driving are putting not just themselves in danger but others as well. Ever since the advent of cellular phones, there has been a massive increase in instances of distracted driving. Looking away to check a text message even for just one second is all it takes for an accident to occur.
You can hold the at-fault driver accountable for your accident by filing a claim for compensation. We offer Savannah residents who have suffered through a car crash with a texting driver free consultations. Schedule an appointment with us at (404) 400-4000.
Texting While Driving Is Illegal in Georgia
The Official Code of Georgia Annotated (OCGA) §40-6-241.2 makes it very clear that using your phone while driving is not acceptable. Minors are not exempt from this rule either. The only time a driver can talk or text on the phone is to report a true emergency. Outside of that, there are no other ways to get around this law.
Thus, any driver that is texting while driving will always be breaking the law. This works great in your favor and will allow our lawyers to have an easier time pursuing your case. So long as you have the evidence to prove that they were texting on their phone, you should be able to win a fair settlement.
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You’ll Still Need a Lawyer to Help You
Even though it may seem like your case is cut and dry, you will still need a lawyer to assist you. The reason being that, even though the odds may be in your favor, you will still need to actively prove negligence. There are comparative fault laws in Georgia that you also need to account for as well.
When it comes to proving negligence, you will need strong evidence to support your claim. A lawyer can help you get key pieces of evidence such as witness testimony, police reports, and photographic evidence. Additionally, a lawyer can also retain experts in various fields to help strengthen your case.
Comparative fault in Georgia means that you must be less than 50% responsible for your accident, or else you can’t file a claim. The defense may try to shift blame onto you to remove your ability to file. Even if you are under 50%, if you are found responsible for any amount, that percentage will get deducted from your settlement.
Calculating Damages
Calculating economic damages may seem easy, but what about non-economic damages? How do you put a dollar value on something like pain and suffering or mental anguish?
Instead of stressing over all of your calculations, have a lawyer focus on getting you an accurate amount for your settlement. Instead, you can focus on recovery and healing while your legal representation does most of the grunt work for you.
Resist the Tactics of the Insurance Companies
Insurance companies are never on your side. They will always try to get you to settle for less or give up on your pursuit for compensation altogether. Most insurance companies use various tactics to sneakily get you to weaken your case, such as:
- Conversing with you after the accident and using manipulative language to get you to admit complete fault
- Stalling negotiations to worsen your financial situation, forcing you to settle for less
- Tricking you into signing documents that absolve their duty to pay you a settlement
The list can go on and on. The attorneys here at John Foy & Associates know all the tricks they employ and will help you fight back against them. Don’t let an insurance company swindle you out of the settlement you rightfully deserve.
You Only Have Two Years to File a Claim
Georgia’s statute of limitations only provides personal injury victims two years to file their claim. After your accident, you will need to get started immediately to meet the deadline. Don’t let a two-year timeframe fool you – two years can go by very quickly.
We don’t recommend you jump the gun and go right into filing. There are lots of steps you’ll want to take first to ensure you have the best claim possible. File at the right time with the assistance of one of our attorneys today.
Our Texting While Driving Attorneys Can Help You Win
With all of the accidents caused by drivers negligently texting and using their phones, it’s essential we punish all of them for their dangerous actions. Don’t pay for the negligence of others. Call us today at (404) 400-4000.
912-400-4000 or complete a Free Case Evaluation form
