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Distracted Driving Accidents & Personal Injury Claims

by | Apr 15, 2014 | Auto Accident Injury, Firm News

Distracted driver texting and driving

Cell phones are great. They connect you with friends and family, enable you to keep current with the news, play games and more. But what isn’t so great is when someone is talking or texting on the phone while driving a vehicle. This is called distracted driving, and it can be lethal.

The Centers for Disease Control report that every day in the U.S., nine people are killed as the result of distracted driving. On top of that, over a thousand people are injured every day because of distracted driving. If you have been hurt by a distracted driver, you have the right to file a personal injury claim against that person.

To request to have your personal injury case evaluated – for free – by an expert, don’t wait. Call attorney Michael Flinn right away: [nap_phone id=”LOCAL-REGULAR-NUMBER-1″].

Specific Types of Distraction

Distracted driving is any activity that diverts the driver’s attention away from the task of maneuvering the vehicle.

  • Eating and drinking
  • Talking to passengers
  • Styling hair or applying cosmetics
  • Reading, including maps
  • Watching a device such as a tablet or video player
  • Adjusting a music player
  • Using a cell phone or smartphone
  • Texting

Each of these diverts the driver’s attention away from the road and traffic flow. Even using a navigation system is considered to be a distraction.

Distraction is split into three categories:

  1. Visual, when the driver is looking at something other than the road
  2. Cognitive, when the driver is concentrating thought on something other than driving
  3. Manual, when the driver uses his hands for an activity unrelated to steering or signaling

Texting & Driving is the Worst, Most Dangerous

When a driver is texting, not only is he looking away from the road, but also using his hand(s) to type, as well as thinking about the conversation and how to manipulate the touchscreen. Texting while driving falls into all three of the categories of distraction, and is therefore considered by far the most dangerous form of distracted driving. Consider these chilling statistics, as reported by the CDC:

  • In 2011, 3,331 people were killed in accidents involving a distracted driver
  • In 2011, 387,000 people were injured in accidents involving a distracted driver
  • In just the month of June 2011, more than 196 billion text messages were sent or received in the U.S., up nearly 50 percent from June 2009.
  • In 2010, “distraction” was reported as a factor in 18 percent of accidents in which someone was injured

Georgia’s Laws on Distracted Driving

Each state has its own laws about distracted driving. In Georgia, the legal restrictions are very clear and simple:

  • Ban on all cell phone use for bus drivers
  • Ban on all cell phone use for novice drivers
  • Ban on texting for all drivers

Liability vs. Legality in Auto Accident Cases

A distracted driver need not have been doing anything illegal to be held liable if an auto accident was their fault. Liability is based on negligence, and distracted driving is a form of negligence. If the negligent driver is operating a company vehicle, the company may be held liable.

This means that an injured party may be able to seek compensation for lost wages, medical bills and pain and suffering from the company that owns the vehicle. In many cases, this can lead to settlements in the millions of dollars if the defendant is found guilty of distracted driving.

Do You Have a Personal Injury Case?

Before you do anything, get a free evaluation of your situation from an experienced personal injury lawyer. Ask all the questions you want, and tell your side of the story confidentially. It’s important to find out what action you can take, what is the dollar value of your claim, and what you can expect if you file a claim.

Michael Flinn is a personal injury attorney in Georgia who has extensive experience winning these kinds of cases, and will work to make sure your rights are protected at every step. He has been representing clients like you in court for over 27 years, and knows how the system works. He knows how it can work for you.

Call [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] and talk to an attorney now for a complimentary, no-obligation case review. We are available to answer your questions. Or contact us online: