Atlanta Texting While Driving Accident Lawyer

What You Need To Know About The Law In Georgia

Although there is a law in Georgia banning anyone from texting while driving, people commit this offense daily. Many don’t realize that their actions directly impact the lives of those they share the road with and you may be suffering traumatically because of it.

The state’s law was first enacted in 2010. In the years following, research indicates that hundreds of texting-related accidents still occur every single day. You may feel alone during this difficult time but our Atlanta car accident lawyers are here to step in and actively represent you in a personal injury case.

How do I show that the accident wasn’t my fault?

Proving fault in car accidents is often much more challenging than you might think. Insurance companies base claims on wordy legalese and have a tendency to get very technical.

There are essentially three elements your personal injury attorney is responsible for proving:

• The defendant was legally required to demonstrate reasonable care
• The defendant did not demonstrate reasonable care
• Your injuries were caused by the defendant’s actions

In this case, the law says no texting while driving, which means this is the duty of ‘reasonable care.’ The driver was texting, which shows that they did not abide by the law. Finally, their actions resulted in an accident which caused your injuries. Breaking it down like this provides a better understanding of where your attorney is coming from and what it will take to recover compensation.

Proving Liability in Georgia

Not only is texting while driving illegal, but it is also one of the most blatant forms of distracted driving. Texting takes a driver’s attention away from the road in nearly every capacity. Not only are a driver’s eyes diverted while completing a text, but he or she is also taking manual functionality away from driving. Most importantly, a driver who is texting is not cognitively focused on the road, which means that his or her own life, as well as the lives of others, is endangered.

While this action is obviously negligent, it is not always easy to prove. Therefore, it is essential that you retain the representation of an attorney with the knowledge, resources, and drive that you need who can gather necessary evidence. At our firm, we will conduct thorough investigations into your accident to determine whether or not the at-fault driver was texting so that we can build an aggressive case that give you your best chance at a recovery.

It’s important that you contact an attorney soon after your accident. An attorney can help you understand the kind of evidence that may be helpful in your case such as witness statements or photographic evidence at the scene of the accident. The State of Georgia’s statute of limitations for personal injury claims allows victims up to two years to file their claim. While two years can be a long time for someone recovering from an accident, many cases rely on information that must be gathered as soon as possible.

Evidence that our firm can use to prove texting while driving include:

• Cell phone records that can show text messages and time stamps
• Witness testimony from other drivers, passengers, or pedestrians who saw a driver texting
• The testimony of the officer who responded to the scene

Fight for the Compensation You Deserve – Free Consult

Compensation can take many forms and all depend on your unique circumstances. Most commonly, victims are able to claim compensation for pain and suffering, injuries, lost wages, and medical expenses. This is why it is critical that you do not let your accident go unreported. At Henningsen Injury Attorneys, P.C., we are dedicated to providing aggressive and efficient advocacy to victims of texting while driving, so that they can find the financial support they need.

If you have lost a loved one in an accident caused by a driver who was texting, our firm can help you pursue restitution for the expenses relating to the accident as well as the loss of income and companionship you have been forced to endure. We know that no amount of money can replace the loss you have suffered, however, we want to help you and your family find peace of mind during this difficult time so that you can move forward.