Our Atlanta Distracted Driving Accident Attorney Can Help
Few things are more dangerous on Atlanta's roadways than a distracted driver. When a motorist fails to focus on driving, the risk of a collision increases dramatically. Unfortunately, we hear stories like this all the time in our office. Distracted drivers fail to notice changing road conditions, such as pedestrians stepping in their paths or green lights turning red.
As a victim of a distracted driving car accident, you deserve to have someone who can help listen to your story and how it is impacting your life. Choosing the right legal counsel can help you secure compensation. At Mabra Law, we understand your frustration. We recognize the stress and worry you may now feel. Our Atlanta distracted driving accident attorney team is proud of its successful track record, and we can help you. If you’re ready, we can get started with just one phone call.
Types of Distractions
Mobile phones and digital access to the internet have multiplied the number of visual, auditory, manual and cognitive distractions that drivers encounter. Texting, searching for apps and even looking at GPS for directions take a driver’s eye off the road. When a driver’s vision or thinking is diverted, even for a few seconds, their risk of crash dramatically increases.
Technology is not the only source of distraction. Glancing at vehicles in the shoulder lane, can lead to rear-end collisions. Likewise, activities such as eating and drinking may cause motorists to take their hands off the wheel.
About Visual Distractions On Atlanta Roads
A visual distraction includes anything that causes the driver to look away from the road. Visual distractions run the gamut, from the more obvious risks, such as reading a text message or email to checking the rear-view mirror, changing the radio dial, or even looking at GPS navigation.
Any time that a motorist takes their eyes off the road, even momentarily, the risk of danger amplifies. Road conditions can change instantly, even at relatively low speeds. A motorist who has taken their eye off the road might fail to notice a decelerating car ahead of them or a cyclist or pedestrian crossing their path.
About Auditory Distractions
An auditory distraction involves any noise that takes the driver’s attention away from driving. Auditory distractions may include listening to music at a high volume, a podcast or a conversation. As a result, the driver may not be able to hear warning sounds, such as car or truck horns, squealing wheels or crashing metal.
About Manual Distractions
A manual distraction in the car causes a driver to take one or both hands off the wheel, increasing the risk of losing control of their car or truck. Common manual driving distractions include drivers eating, drinking grooming or reaching for something in the vehicle.
Loss or diminished vehicle control is especially problematic when navigating turns. It is not uncommon for drivers who have lost control of the wheel to overcorrect, which increases the risk of an accident.
About Mental Distractions
Mental or cognitive distractions are those that divert a driver’s attention from safe driving. Daydreaming and conversing with others are typical examples of mental distractions.
Their diminished focus may result in failure to recognize hazards or react appropriately or quickly enough to avoid a crash.
What is My Distracted Driver Lawsuit Worth?
You may wonder what your injury claim is worth after suffering from an injury in a distracted driving accident. No two cases are identical and recovery amounts vary; however, our lawyers are experienced at determining and pursuing fair compensation. We can advise you on the damages that might be available during your initial consultation.
Judges can award different types of damages, but generally, they fall into two broad categories: economic losses and non-economic losses. Economic losses represent the out-of-pocket costs and losses resulting from your accident. Non-economic damages compensate you for subjective hardships such as physical pain.
Medical Costs
The cost of medical care is a significant concern in the aftermath of a car accident. A negligent driver could be liable for the cost of your past and future care, which includes emergency treatment immediately after an accident. Your car accident lawsuit may also result in you securing damages for related hospitalization or surgical procedures as well as physical therapy and follow-up care.
Pain and Suffering
The physical pain you experience may be the basis for a monetary award. Although pain may be considered a non-economic loss that cannot be objectively measured, our attorneys can demonstrate to a judge or jury that your pain had a significant impact on your quality of life.
Pain and suffering damages often are linked to the medical expenses you have accrued. For example, your pain and suffering compensation could be greater if your associated medical costs are substantial. Because pain and suffering are considered subjective, working with an attorney who has many years of experience with distracted driving claims is essential.
Lost Wages
A common frustration from a car accident injury is missed work during recovery. Receiving medical attention and recuperating from your injuries can cost you your income or force you to use up your paid time off (PTO), but you have options for recouping your lost wages through a civil lawsuit. A civil suit can pursue not only your past lost income but any future wages that you are likely to miss out on as well.
Diminished Future Earnings
A serious injury may cause lasting damage to your ability to earn a living. If you sustain permanent disabilities that limit your abilities to perform certain tasks at work, your earning capacity is likewise limited. Compensation could be available based on your diminished future earning power.
Property Damage
You may be entitled to a monetary award based on damage to your personal property. Property damage claims may pursue the cost of replacing or repairing a damaged vehicle. You may also have grounds for compensation regarding the damage or destruction of personal items such as mobile phones or eyeglasses.
Common Injuries in Distracted Driving Accidents
Each year, more than 40,000 deaths in the United States occur as a result of motor vehicle accidents. Still more accidents result in serious physical injuries. What too many of these vehicle collisions have in common is a distracted driver behind the wheel.
Any part of the body that absorbs the impact of an accident can sustain traumatic damage. Typical car accident injuries include:
- Cuts and bruises
- Bone fractures
- Severe burns
- Internal bleeding
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries
- Whiplash
- Back injuries
- Psychological distress, anxiety and lingering trauma
- Insomnia
Recovering from the conditions listed above can be a lengthy and costly process. A civil lawsuit cannot erase the injuries you have sustained, but it could compensate you for your physical, emotional and financial hardships. An Atlanta distracted driving accident attorney from Mabra Law will handle every aspect of your case to secure the best possible outcome. Our aim at Mabra Law is to secure compensation that will help alleviate the burdens and hardships you may face in the months after your accident.
How Can an Atlanta Distracted Driving Accident Attorney Help?
From start to finish, the right attorney is an invaluable resource while you navigate the legal system. You are not obligated to hire a lawyer to handle your claim, but failing to do so could put your recovery at risk.
Rest assured, the distracted driver responsible for your accident will rely on their insurance company and a team of lawyers to defend themselves. You need the support of an experienced legal team to obtain the outcome you deserve. Some ways the Mabra Law team helps victims of distracted driving accidents include:
Investigating Your Accident
A successful personal injury case begins with a thorough investigation. Our attorneys are ready to determine what happened. We’re not afraid to dig deep to ensure that we have every detail. We leave no stone unturned to identify the person responsible for your accident and collect evidence that proves what your case is worth.
Under Georgia law, anyone involved in a motor accident that results in injury, death or $500 of property damage must immediately report the incident to law enforcement. Law enforcement, in turn, are required to make a report. The details they provide in the report can help bolster a case for negligence. At Mabra Law, our investigations begin with a meticulous review of the police report. We also review video evidence, investigate the crash site, interview witnesses and more.
Documenting Evidence That The Other Driver Was Distracted
Distracted driving cases are unique because the central issue often involves proving that the other driver was, indeed, distracted. Collecting the evidence necessary to developing a convincing case is vital to a successful personal injury lawsuit. Our team likely will subpoena the other driver’s phone records to determine if he or she was texting or speaking on the phone at the time of the accident.
Negotiating a Settlement
Many car accident injury claims ultimately are resolved with a negotiated settlement. While a settlement is a common outcome, that does not mean every offer you get from the other side is worth accepting. Insurance companies frequently make unreasonably low offers with the hope that injury victims will accept without consulting an attorney.
Our firm can evaluate the offer you receive and help you understand if it is fair. We also can negotiate on your behalf to secure better terms. The decision to settle your case is yours, but we are ready to provide you with all the information you need. If and when the time comes when we need to consider taking your case to trial, we will be ready to do that. We are trial lawyers at Mabra Law, and we are well acquainted with what it takes to win in court.
Serving as Your Advocate
Repeatedly having to describe the accident, providing details and reliving an unpleasant event is a common, frustrating outcome after being involved in a crash. In most distracted driving cases, the other driver’s insurance company will quickly reach out to you. It is not uncommon for insurance adjusters to misunderstand or report driver’s statements out of context. In some situations, this could impact your settlement offer.
You also may hear from the other driver’s lawyer or a lawyer from their insurance company. They represent the other driver. Your own insurance carrier also will want information about your claim, and even they may not thoroughly consider your needs. Your attorney will serve as your advocate and the primary point of contact. And, your attorney will deal with the insurance companies so that you don’t have to.
Hiring a lawyer can alleviate stress throughout the process as well as eliminating the need to tell your story multiple times to different individuals. Your lawyer also can protect you from inadvertently saying or doing something that could jeopardize your recovery.
Filing a Lawsuit
We resolve many cases without filing a lawsuit. However, some circumstances inevitably will require litigation to resolve. If your case requires litigation, your lawyer at Mabra Law will handle every aspect of litigating your case. We file a lawsuit on your behalf, handle the discovery process with opposing counsel, and prepare you for trial. Our team will continue working to get you the result that you deserve.
How Long Do I Have to File a Lawsuit?
You must file a lawsuit in Georgia within two years of the accident. The two-year deadline is called the statute of limitations.
If you attempt to file your lawsuit after the deadline expires, the other party will file a motion to dismiss with prejudice. Outside of some limited exceptions, the court will have little choice but to grant that motion. A dismissal with prejudice bars you from ever re-filing your lawsuit or recovering damages for your injuries. In this example, you may walk away with nothing, even if you deserve compensation for your injuries.
Factors such as being under 18 may increase the time a plaintiff has to pursue legal action. Lawsuits against the government usually have an even shorter statute of limitations period.
When it comes to your injury claim, the stakes are high. You deserve legal counsel to comply with every legal deadline, including the statute of limitations. At Mabra Law, we understand how to navigate these critical deadlines.
How to Prove Negligence in a Distracted Driver Case
Not every accident will result in a financial settlement. To recover the monetary award you deserve, you must prove that the party that collided with you was negligent. A critical piece of evidence is the proof that the other driver was not paying attention while operating their vehicle.
Your attorney must develop evidence to clarify that the other driver was distracted. The evidence gathered can come in different forms. Often, witness testimony plays a big part in proving negligence in distracted driving cases. A neutral witness might observe a motorist looking at their phone or otherwise focusing on something other than driving. In some instances, the drivers themselves might admit to this behavior, which is powerful evidence at trial.
Some of the strongest evidence available comes in the form of electronic records. At Mabra Law, we often subpoena the other driver's phone records to determine how their device was used during the crash. Data is constantly being sent to and from our cell phones, and the details can show if a driver was watching a streaming video, sending a text message, or opening an email. In some situations, it is best to hire an expert to review the details of the crash site to determine if there is evidence that the driver failed to brake to avoid a crash.
It is the role of an Atlanta distracted driving accident attorney to build the strongest case possible. We take that role very seriously at Mabra Law because we know what’s at stake for you and your family.
The Cost of Hiring an Atlanta Distracted Driving Accident Attorney
Mabra Law handles distracted driving cases on a contingency fee basis, which means we only collect a fee if money is recovered for you. Our team retains a portion of anything we collect on your behalf as our fee. We work on your behalf when we accept your case at no upfront cost.
Make The Most of Your Free Consultation
Hiring a lawyer after an accident with a distracted driver is a big decision, and it should be based on more than advertisements on television or park benches. You deserve legal counsel that understands what is at stake, and finding out if you have the right attorney in mind starts with the initial consultation.
At Mabra Law, the initial consultation with our team is always free. Speaking with an attorney about your case at no cost is an invaluable resource that you should take advantage of. During this meeting, you will have the opportunity to learn about the potential value of your case. Our team can also answer any questions you might have about the legal process. We aim to address your concerns so you can feel confident and less burdened as you walk out our doors.
Understanding Georgia’s Hands-Free Law
While mobile phones are not the only source of diversion or interruption for a motorist, they are the single greatest distraction that leads to car accidents. As a result, Georgia lawmakers addressed distractible driving in 2018 by passing the Hands-Free Law. The Hands-Free Law prohibits touching mobile devices while driving. Some features of the law include:
- All drivers are prohibited from physically touching, holding or supporting their mobile devices with any part of their body while driving.
- Drivers may talk on their cell phones while driving by using a hands-free headset or voice-activated Bluetooth system that does not require touch.
- Mobile device may be used for GPS navigation.
- Drivers may not write, send or read text-based communication while driving. Voice-based communication that automatically converts a message into written form is permitted.
- Although drivers may use headsets or earbuds for communication, they may not use them for other purposes such as listening to music.
- Drivers may touch their phones when stopped at a red light.
Violation of Georgia’s hands-free law may tremendously impact the value of a personal injury claim.
Let Mabra Law Help – Contact an Atlanta Distracted Driving Accident Attorney Immediately
If you have been injured in a collision with a distracted driver, you deserve justice. Your case is important to us. Contact the team at Mabra Law to evaluate your legal options. Reach out today for a free consultation with an Atlanta distracted driving accident attorney.