Free Consultation (404) 474-7122
  • Home
  • Firm Profile
  • Team
    • Scott Pryor
      Scott Pryor

      Scott is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA, and the Multi-Million Dollar Advocates Forum.

      Read More
    • JJ Timmons
      JJ Timmons

      J. J. Timmons graduated from Mercer Law School in 2000. He spent many years thereafter doing insurance defense work in general liability and workers’ compensation for several insurance companies and a major automobile manufacturer. He eventually realized that he was working on the wrong side and has been representing plaintiffs and injured workers for the last seven years. Timmons joined Scott Pryor Law in 2015 and specializes in personal injury and worker’s compensation cases.

      Read More
    • Lindsay Butler
      Lindsay Butler

      Bio Coming Soon

      Read More
    • Pretty Dimmel
      Pretty Dimmel

      Pretty Dimmel graduated from GA State University and then received her paralegal certificate from UGA. She is fluent in Spanish and Malaysian. She has a medical/insurance background and loves to help our clients resolve their medical billing issues. Pretty joined Scott Pryor Law in 2016 and loves seeing our clients' happy expressions when they see how much she was able to reduce their medical bills.

      Read More
    • Angie Hemmings
      Angie Hemmings

      Bio Coming Soon

      Read More
    • Ivan Franco
      Ivan Franco

      Bio Coming Soon

      Read More
  • Practice Areas
    When a loved one is killed because of another's negligence, it is important to hold them responsible...
    Read More
    Allow us to fight for you after a serious injury has occurred in order to recover compensation and aid in the recovery process.
    Read More
    A quick moment in time, a sudden slamming of the brakes, or a loud blare of a horn can be all the time you have to prepare yourself in the event of a car accident.
    Read More
    According to the National Highway Traffic Safety Administration (NHTSA), the number one leading...
    Read More
    Motorcycle accidents often involve catastrophic injuries, such as a head or spinal cord injury because the driver...
    Read More
    To hold a negligent property owner or business responsible for the damage they have caused, contact us today.
    Read More
  • Results
    Bad Faith Case
    Car Accident
    Fraudulent Conduct
    Trucking Accident
  • Locations
  • Resources
  • Contact Us

In Georgia and Gwinnett County, the law requires that cellphones be hands-free when driving. Drivers are not allowed to touch their cell phone, text and drive, search the internet, or look at any of their apps while driving. Novice drivers and teenagers are particularly likely to use a phone while driving.

If a driver is distracted by a handheld cell phone and causes an accident, they may be found negligent, meaning they could be liable for any damages they cause. A Gwinnett County texting while driving accident lawyer could help pursue proper compensation and hold negligent drivers accountable for their actions. Reach out to an experienced car crash attorney today.

Impact of Cellphone Use on a Car Wreck Claim

In many cases, a judge or jury will consider cellphone use to be clear evidence of negligence on the part of a defendant. Assuming that the plaintiff’s attorney can adequately prove the defendant’s cellphone use at the time of the accident, the plaintiff stands a good chance at recovering compensation.

In certain cases, the use of a non-hands-free cellphone by the defendant at the time of the accident could seriously affect the case results, in that an argument can be made for punitive damages. This is because it is against the law to be on one’s cellphone and driving. If a driver is on their cellphone and injures someone, it may suggest wanton recklessness, allowing for the possible levying of punitive damages. Punitive damages are additional damages assessed against a plaintiff as a punishment for, especially egregious negligence.

Contributory Negligence

If the plaintiff was on their cellphone at the time of the accident, then the defending insurance company could make an argument for contributory negligence. If they are texting or holding their cellphone and driving and talking, insurance companies will use that to assign comparative negligence and try to reduce the amount of money that they pay the plaintiff or the injured party. An experienced texting while driving accident lawyer in Gwinnett County could fight back against allegations of comparative negligence.

Evidence in a Gwinnett County Texting While Driving Case

The most common type of evidence that will be obtained in a car accident claim involving cellphones will be the cellphone records of the at-fault driver. An experienced attorney could analyze a defendant’s cellphone records to see if they were texting or talking on their handheld cellphones at the specific time of an accident.

In order for law enforcement and insurance companies to seize phone records of drivers involved in a car accident in Gwinnett County, a plaintiff’s attorney must either obtain the driver’s consent, or they can file suit and send a third-party request to the cellphone carrier directly.

Other types of evidence in a texting while driving claim might include eyewitness testimony, dashcam video footage, and medical documents from an injured driver or passenger.

Contact a Gwinnett County Texting While Driving Accident Attorney

If you have been injured in a car accident in which another driver was on their cellphone, you may be eligible to recover compensation. An experienced Gwinnett County texting while driving accident lawyer could help find and preserve evidence, examine witnesses, and build a case. Reach out to an attorney today for a consultation.

6185 Crooked Creek Rd NW
Ste. H
Peachtree Corners, GA 30092
Get Directions
FAX: (678) 302-9366