Texting While Driving Car Accidents in Cherokee County
Several state laws regulate cell phone usage and other technology while an individual operates a motor vehicle. These laws typically include even more restrictions for drivers under the age of 18. Despite the many laws attempting to provide safer driving on the roadways of Cherokee County, texting while driving collisions occur frequently.
If you suffer a severe injury due to someone else’s negligence and failure to comply with state law, you may be permitted to recover your resulting damages alongside a dependable car accident attorney. Distracted driving is a common form of negligence, and a lawyer experienced with texting while driving car accidents in Cherokee County could provide a case evaluation to help determine your legal rights.
What is the Impact of Texting While Driving?
Individuals operating motor vehicles owe a duty to other drivers to engage in safe driving. Using a cell phone, especially while texting, is a common way a driver could breach their duty to other drivers. Failing to pay proper attention while operating a car can result in serious accidents and severe injuries to others.
Texting while driving is a common form a distracted driving and also one of the most dangerous, because it involves manual, visual, and cognitive distractions. For instance, the driver often has to read the text on their phone, type a response with one or both hands, and concentrate on how they want to respond to a text. A texting while driving car collision attorney in Cherokee County understands the dangers of this practice and the importance of holding the at-fault parties responsible for any harm that follows.
Determining Fault in a Texting While Driving Accident
When cell phone usage results in a car accident, it may seem that the liable party should always be the driver using the cell phone. However, every case is different, and there are unique circumstances that make it difficult to determine the responsible parties. For example, a driver that was texting at the time of a collision might not even openly admit to using a cell phone.
Establishing that an individual was texting while driving before an accident in Cherokee County may require obtaining cell phone records or interviewing witnesses who saw the cell phone use. It is crucial to remember that the plaintiff must prove that another driver caused an accident by a preponderance of the evidence. Circumstances might also exist in which the plaintiff is partially responsible for an accident.
If the plaintiff was using a cell phone at the time of an accident or engaging in other similar negligent behavior, they might be found partially liable by a judge or jury. When someone is partially or fully liable for the accident that caused their injuries, it is called contributory negligence under state law. Contributory negligence may result in a bar to recovery if the plaintiff is more than 50 percent at fault; or it may limit recovery by the percentage of fault if they are less than 50 percent at fault, according to the Official Code of Georgia Annotated § 51-12-33.
Learn How a Cherokee County Texting While Driving Attorney Could Help
Distracted driving, especially when using a mobile device, is often a common form of negligence resulting in car accidents. If you find yourself dealing with life-changing injuries following a crash, there may be severe physical, emotional, and financial damages available to recover. A lawyer who is well-versed in texting while driving car accidents in Cherokee County could fight for the compensation you deserve. Call today for a free case analysis and evaluation.