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.
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.
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.
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.
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.