Author: Jay Howard

A distracted driver can easily add an unnecessary risk of causing an accident with other drivers. Many factors can contribute to the prevalence of car accidents. However, distracted driving is entirely preventable. Every driver has the responsibility to act in a manner that does not inhibit safe driving nor add danger for passengers and other vehicles.

If you have been involved in an accident caused by a distracted driver, you may be wondering what evidence you need to prove distracted driving in Georgia. Our Atlanta car accident lawyer at Tabbaa Law can help you gather the evidence and information you need to hold the other driver accountable for their wrongdoing behind the wheel.

What Is Distracted Driving in Georgia? 

It’s no surprise that distracted driving is dangerous, and it puts a risk on roads and highways when drivers try to multitask and operate a vehicle. Over 9,000 distracted driving convictions have been reported to the Department of Driver Services of Georgia in 2022 so far. The Georgia Department of Public Safety has also reported 10% of fatal crashes and 15% of injury crashes in 2015 were related to distracted driving in Georgia state. 

Georgia statute 40-6-241 states that while operating a motor vehicle, a driver may not:

“…physically hold or support a wireless telecommunications device or stand-alone computer with any part of their body…write, send, or read any text-based communication…watch a video…record a video…”

Many states in the United States have continued to introduce laws that enforce the penalties for driving while distracted to prevent the surge of resulting accidents that has occurred in the past. Drivers need to be cautious and take responsibility behind the wheel no matter what the situation entails. 

What Can Create Distractions While Driving? 

Anything that deters your attention from driving, causes you to remove your hands from the steering wheel, or moves your attention away from the road is considered a distraction while driving. Many of the activities listed below are addressed in the distracted driving law as examples of driving while distracted. 

• Cell phones, either via text messaging or phone call
• GPS 
• Interacting with passengers
• Children or pets in the backseat
• Eating or drinking
• Applying makeup or fixing hair while driving 
• Many other distractions 

If you have been in an accident caused by a negligent and distracted driver behind the wheel, there are many components to consider when gathering information and proof for your car accident and personal injury case. 

Proving Distracted Driving in a Georgia Car Accident 

Distracted driving accidents can occur in many different ways. Anything that takes a driver’s attention away from the road and the vehicle they are driving may count as a distraction. However, it may be difficult to prove the other driver is at fault and caused an accident by not paying attention. 

Police Report of the Accident 

A police report is an essential document for any accident. If you or a family member were injured in an accident, police officers often take statements of how it occurred and document other essential details. This information is a real-time account of what happened and can help you prove that the other driver being distracted behind the wheel is responsible for your damages. 

Car Accident Witnesses 

Car accident witnesses are also vital during car crashes. They may have witnessed the accident on the sidewalk, parking lot, or nearby area and can testify that the other driver was responsible for the accident. Often, police officers will gather statements from nearby witnesses and add them to a report. 

Footage and Phone Records 

Many drivers use dash cams to record their travels on a day-to-day basis. This footage can be beneficial in a car crash case because you can prove how the accident occurred and what happened before the crash. Phone records may also be obtained in some cases to confirm that another driver was utilizing their cell phone at the time of the accident. Nearby surveillance cameras and street cams may also be helpful if they capture the accident. 

Accident Reconstructionist 

Accident reconstructionists are skilled specialists who gather physical evidence from an accident scene to determine the cause of the accident and the events. Many times, without evidence of anything that could have occurred and caused the accident, there is no other explanation but that the other driver was not paying attention to the road. 

How Can a Lawyer Help My Auto Accident Case?

Car accidents are very frightening and life-changing experiences. Accidents are even more unfortunate when fatalities occur. Hiring a skilled attorney to evaluate your case can benefit you in many ways. While you are recovering from injuries and the damage done to you, your expert legal team will gather all the needed components for your auto accident and personal injury lawsuit. 

Anyone carelessly distracted while driving a car can cause severe injury and damage to other drivers in a car crash. Liable drivers are subject to the penalties and consequences of causing a car crash as well as an extensive lawsuit to help compensate the injured. 

Contact Tabbaa Law for an Expert Auto Accident Attorney in Georgia  

At Tabbaa Law, our attorney Sami Tabbaa has years of experience helping clients gather all the proof and information needed in a successful personal injury case. You do not have to undergo the process of a car accident claim and personal injury lawsuit on your own. Our legal assistance is one you can trust and rely on in Georgia. Contact us by calling (770) 370-7881 or filling out a contact form, and we will get back to you to schedule a free case review.

Auto Accidents