According to the
Federal Communications Commission (FCC), the modern prevalence of mobile devices has led to an increase
in distracted driving. While smartphones and other devices are the perhaps
the most high-profile examples of driver distraction, anything that takes
a driver’s attention from the road can result in distracted driving.
Research indicates that distracted driving can significantly increase the risk
of being involved in an accident, and many states have passed laws limiting
cell phone use in order to mitigate these risks. Unfortunately, distracted
driving accidents continue to occur, sometimes leaving victims with extremely
Fortunately, Georgia law often allows people who have been injured by a
distracted driver to recover for their losses through a personal injury
lawsuit. These lawsuits are often highly complicated, and many insurance
companies will often offer victims an unreasonably low settlement in order
to limit their liability. As a result, it is important for anyone injured
by a distracted driver to discuss their accident with an experienced Atlanta
personal injury lawyer. To schedule a free consultation with one of our
attorneys, call Goldstein & Hayes, P.C. today at (404) 869-8600.
A Wide Variety of Potential Distractions
There are three main types of driver distraction:
Visual distractions – Anything that takes a driver’s eyes off of the road constitutes
a driver distraction. Examples of visual distractions include looking
at scenery, reading, looking at passengers, or looking for items in your vehicle.
Cognitive distractions – Cognitive distractions involve thinking about something other than driving.
Almost anything can be a cognitive distraction, including thinking about
work, personal issues, financial matters, or other issues.
Manual distractions – Activities that require a driver to remove his or her hands from the wheel
are considered manual distractions. Some examples of manual distractions
are eating, drinking, writing, feeling around for items in the car, or
taking a photograph.
There are myriad activities that could fall into one of these three categories.
In some cases, a particular distraction may involve two or even all three
kinds of driver distraction. For example, sending a text message requires
a person to look at their phone while composing the message, use their
hand to manipulate their device to enter the text, and also think about
the message they are sending or the conversation in which they are engaged.
Can I Recover after an Accident with a Distracted Driver?
As is usually the case with legal matters, whether you can successfully
bring a claim depends on a number of factors. While no one can tell you
how your case will turn out, an experienced attorney will be able to tell
you whether you have a claim at all, and if so, how much it may be worth.
Some of the kinds of losses for which you may be able to recover include
medical bills, lost income, property damage, and pain and suffering, among
others. You should not have to suffer any losses based on another driver’s