Can I Prove That the Other Driver Was Texting and Driving in a GA Car Accident Case?

Texting and Driving Accident Lawyer in Lawrenceville, Georgia

Let’s face it – it’s the 21st century, and most people on the road today have and use a cell phone. You don’t need to see facts, figures, and statistics to tell you that lots of people use their phones while driving. Texting and driving is illegal in the state of Georgia, but that certainly does not deter many habitual mobile users from doing just that. Many texting and driving car accidents occur in and around Lawrenceville, GA, not to mention using their phones for navigation, music, and email. Distracted driving is one of the most common factors in all Lawrenceville, GA car accidents, so be on your guard against these drivers.

It is particularly difficult to catch a driver “red-handed” texting while they are driving. However, occasionally you can spot a driver looking down at their lap, holding up traffic, or worse, weaving out of their lane. This person is usually a dreaded texter!

Now, no one is perfect, and at times, with work duties pressing and deadlines to meet, it is easy for some to think the information bleeping at them on their mobile device is worth the risk. However, doing so is breaking the law, and can result in a citation at best, or a serious accident at worst. If you have been involved in a car accident in Lawrenceville, GA and you suspect texting while driving was a factor, you should contact the car accident attorneys at Cain Injury Law right away.

What the Law Says About Texting and Driving in Lawrenceville, GA

In 2010, the state of Georgia passed a law requiring all drivers in the state to exercise “due care” while in operation of a vehicle on roads and highways. In particular, the statute states that drivers may not engage in any activities that distract from the safe operation of the vehicle. Some exceptions include a properly used CB radio, mobile telephone, or ham radio. In addition, that same year, the use of mobile devices for texting, sending or reading email, and similar uses was prohibited in the state for drivers carrying a class C license, used for commercial vehicles.

Personal Injury Law and Texting and Driving Car Accidents

The law of the state of Georgia clearly states that every driver on the roads has the duty to avoid distractions while driving. This duty is a part of every driver’s duty to keep other drivers safe on the roads. The opposite of a distracted driver, after all, is a focused driver. Focused drivers are able to keep an adequate eye on road conditions and potential hazards, reacting in a prudent and reasonable manner while keeping others on the road safe. Failure to uphold this duty, on the other hand, is considered negligence, and will hold that driver liable for damages incurred in a texting and driving or distracted driving car accident in Lawrenceville, GA.

Proving that a Driver Was Texting and Driving in an Accident

If you have been the victim of a car accident in Lawrenceville, GA who had a mobile device, it is very important to establish whether that driver was using the mobile device in a way prohibited by Georgia state law. The statutes will apply to any driver texting, reading email, or engaged in another activity, and may apply even if the driver was merely talking on the cell phone.

Many people unfortunately use their cell phones while driving, ignoring the very real danger posed by the danger of texting and driving. If the driver was looking down at the time of the accident, and either you, other witnesses or both saw this, it can be an indicator that the driver was texting. If you have an accurate time of the accident, and investigators can determine that text messages, emails, or other communications were seen or sent in that time period, this is also a possible way to prove that the driver was texting.

For this reason, it is very important to obtain the at-fault driver’s cell phone records, which your car accident injury attorney can do during the discovery period after your suit has been filed. In fact, often our lawyers have found success in obtaining such records in pre-suit investigations, allowing you to put pressure on the at fault driver’s insurance company if the records contain evidence of distracted driving.

Actual text message records can be difficult to ascertain, but data usage records and cell phone records are sometimes sufficient to prove distracted driving in a texting and driving car accident.

Consult with a Georgia Car Accident Lawyer About Your Texting and Driving Wreck

If you have been injured in a texting and driving car accident, a Georgia lawyer can help you prove negligence in your case so you can get the compensation you deserve. Reach out to Cain Injury Law to discuss your legal options during a scheduled consultation.

clayton cain

Clayton Cain approaches each case with a mindset similar to one that earned him recognition as a collegiate All-American, on the baseball field and in the classroom. with Preparation, Persistence, and Production.