Every day, negligent drivers choose to take their eyes off the road, their hands off the wheel, or their minds off the task of driving. These moments of distraction may seem harmless, but they can cause catastrophic, even fatal, consequences. If you or someone you love has been injured in a distracted driving accident, you should get legal help from an Atlanta car accident lawyer as soon as possible.
At the Issa & Castro Law Firm, we have spent nearly two decades fighting for people whose lives were changed because someone else wasn’t paying attention behind the wheel. Our distracted driving accident attorney in Atlanta has the skills, experience, and resources to hold the negligent driver liable for your personal injury and pursue the largest compensation possible.
Atlanta Laws Against Distracted Driving
In response to a growing number of traffic fatalities involving cell phone use, the Georgia General Assembly enacted the Hands-Free Georgia Act (HB 673), which became law on July 1, 2018. This law made it illegal for drivers to:
- Hold or support a phone or other wireless device with any part of their body
- Write, send, or read any text-based communication, including emails, texts, or social media content
- Watch or record videos (other than for navigation)
- Use headphones or earbuds in both ears while driving
The only exceptions involve emergency services or voice-based communications using hands-free technology. Violating this law can result in fines and license points. However, when distracted driving leads to a crash that injures or kills someone, the consequences extend far beyond fines and driver’s license suspension.
Civil liability under Georgia personal injury law can result in lawsuits and financial responsibility for the distracted driver and their insurance company.
Negligence Per Se
O.C.G.A. § 40-6-241 is the key statute outlining unlawful distracted driving behavior in Georgia. This law prohibits dangerous conduct and helps injured plaintiffs establish negligence per se. It means that a violation of this statute can serve as automatic proof of negligence in personal injury cases if it directly caused the accident.
Types of Distracted Driving in Atlanta
The National Highway Traffic Safety Administration (NHTSA) classifies distractions into three primary categories: visual, manual, and cognitive, which can lead to devastating car accidents in Atlanta.
Texting While Driving
This is the most notorious and dangerous type of distraction, as it involves all three distraction types. Despite clear laws banning this behavior, driver distraction due to texting while driving remains a leading cause of crashes in metro Atlanta.
Talking on the Phone
Although hands-free devices are allowed under Georgia law, engaging in lengthy or emotional conversations can impair a driver’s focus. Drivers often miss important visual and audio cues even when using Bluetooth or speakerphone.
GPS and Navigation Use
Many drivers in Atlanta, including school bus drivers, rely on apps like Waze or Google Maps to navigate congested streets. However, inputting destinations or glancing frequently at maps can divert attention away from surrounding traffic.
Eating or Drinking
Busy professionals may sometimes eat breakfast or lunch on the go, especially during Atlanta’s lengthy commutes. Spills and distractions caused by food and beverages contribute to thousands of motor vehicle crashes annually.
Adjusting Controls or Music
Tuning the radio, adjusting climate settings, or scrolling through playlists is one of the common distracted driving habits that can take a driver’s eyes off the road for several seconds, leading to a serious crash at highway speeds.
Grooming
Applying makeup, shaving, or fixing hair while removing hands from the steering wheel is not only reckless but may lead to rear-end collisions or sideswipes, especially in slow-moving traffic in and around Atlanta.
How Our Georgia Distracted Driving Lawyer Will Prove Liability
At the Issa & Castro Law Firm, our Atlanta personal injury lawyer will move fast to obtain every available form of evidence to build an airtight personal injury lawsuit and recover compensation for your medical expenses, lost wages, and pain and suffering.
Cell Phone Records
As part of our distracted driving crashes investigation, we may subpoena mobile phone records to show if the at-fault driver was texting, calling, or using an app at the time of the crash. Timestamped logs are critical in distracted driving cases.
Surveillance and Traffic Camera Footage
Atlanta is filled with public and private surveillance systems, especially at intersections, businesses, and public transportation hubs. Footage from areas around the accident scene can show erratic driving, phone use, or failure to stop.
Vehicle Data Recorders (Black Boxes)
Modern vehicles generally store driving data, including sudden deceleration, lane departures, and speed changes. These technical records can provide objective evidence of driver behavior in distracted driving accident cases.
Witness Testimony
Bystanders, passengers, or other drivers may have seen the at-fault driver using a phone, eating, or failing to obey signals. Their statements can help corroborate the version of the auto accident victims.
Expert Accident Reconstruction
Our Atlanta distracted driving attorney may work with accident reconstruction experts who analyze skid marks, impact angles, and crash data to show distraction was the likely cause of the accident.
Police Reports and Citations
If the police cited the driver for violating Georgia’s hands-free laws, that citation becomes powerful evidence. Our Atlanta distracted driving accident lawyer will obtain the full report, including officer notes and any body cam footage.
Get Our Atlanta Distracted Driving Lawyer on Your Side
If you have suffered injuries in a car crash or another accident caused by a distracted driver, the path to justice can feel overwhelming, but you don’t have to face it alone. At The Issa & Castro Law Firm, we aggressively fight for maximum possible compensation for the victims of distracted driving.
We don’t treat your case like a file, but provide high-powered, personalized representation. To schedule your free consultation, call us at (404) 468-4000 or contact us online.
