Like in many jurisdictions, texting while driving is illegal in Augusta. Despite the risk of a ticket and fine, many motorists continue to use their phones while behind the wheel. The distraction these devices cause can have serious repercussions. In many cases, a distracted driver will be unable to avoid a collision due to their reduced reaction time.
A skilled personal injury attorney could be beneficial to you if a distracted driver injures you in a crash. If your attorney determines that the other driver was at fault in your accident, you could pursue compensation from them. An Augusta texting while driving car accident lawyer might have the experience you need to get the most out of your claim.
The use of a mobile device to send or receive text messages is restricted by state law. The current iteration of this law is known as the Hands-Free Georgia Act. Generally, any use of a hand-held mobile device is barred. However, the statute does allow a motorist to make and receive calls through the use of a hands-free device. Another important exception is the allowed use of a phone as a GPS device while driving.
These exceptions do not apply to the sending or reading of text messages. Any data use that involves typing, reading, or viewing video is also prohibited. This means it is unlawful to stream video, reply to an email, or manually manipulate the phone to play a podcast. These rules apply not only to mobile phones, but also other devices, including tablets and laptop computers.
Texting while driving carries a fine upon conviction. The impact a ticket could have on a civil case following an accident could be much more costly. An Augusta attorney could use a conviction for texting while driving as evidence of negligence in a car accident lawsuit.
While a motorist injured by a texting driver has the right to file a civil claim, that right is limited. There is an important deadline all plaintiffs must comply with, known as the statute of limitations. The statute of limitations prevents a plaintiff in a texting while driving accident from filing a lawsuit after a set amount of time. The statutory period to file a claim varies not only across jurisdictions but also across types of lawsuits.
In Augusta, the deadline to file a claim for bodily injury compensation stemming from a texting while driving accident is two years. This two-year window begins the day the accident occurs.
The consequences of failing to comply with the statute of limitations can be devastating. If the plaintiff files the claim late, the defendant could seek an immediate dismissal. If granted, the court will prevent the plaintiff from ever pursuing the injury claim in the future. With so much at stake, letting an Augusta attorney help ensure a texting while driving car accident claim is filed on time could be in the best interest of the injured motorist.
It is understandable if you have questions about your rights following a collision with a texting driver. You may not know what the available compensation you might recover or the amount of time you have to bring a claim.
An Augusta texting while driving car accident lawyer could provide you with the answers to these questions. Set up an initial case evaluation to discuss your legal options.