If you’ve been injured in an accident caused by a distracted driver, get the legal help you need to hold them accountable. Contact Bayuk Pratt for a free initial consultation to discuss how an Atlanta distracted driving accident lawyer can help you recover compensation for your medical treatment, rehabilitation, lost income, car repairs, and pain and suffering.

Our founding attorneys, Frank Bayuk and Bradley Pratt, previously worked as senior partners at two of the country’s largest insurance defense firms. They’ve seen how insurers fight accident claims from behind the scenes, and they know how to beat these powerful companies at their own game. They established Bayuk Pratt to leverage their knowledge, insight, and 50 years of combined legal experience to give injured clients an advantage in pursuing justice and financial security. Now, they’re ready to put that to work for you — and at no upfront cost.

Reach out to us today for a free initial case review with an Atlanta distracted driving accident attorney.

Benefits of Hiring an Attorney for Your Distracted Driving Accident Claim

Hiring an attorney to handle your distracted driving accident claim can free you to focus on your medical treatment and healing. Let Bayuk Pratt pursue financial recovery and justice for the losses you’ve suffered in a distracted driving accident by:

  • Investigating the crash to secure evidence proving the other motorist’s distracted driving
  • Documenting your injuries and losses to calculate what full compensation looks like in your case
  • Identifying liable parties and applicable insurance coverage
  • Filing your claims and preparing a tailored legal strategy to defeat the insurance company’s tactics
  • Pursuing maximum financial recovery for you through a settlement or, if necessary, by going to court and trial

What to Do If You’ve Been Hit by a Distracted Driver

Following a distracted driving accident, prompt action can help protect your legal options for pursuing a claim against the driver who hit you. Here are some steps you can take to prepare a strong case:

  • Report the accident to law enforcement and request a copy of the police crash report
  • Notify your car insurance provider about the accident
  • Obtain prompt medical attention to diagnose your injuries and follow your treating physician’s recovery plan
  • Request copies of the medical records of your treatment and rehabilitation
  • Gather copies of your pay stubs or income statements if you need to miss time from work while recovering from your injuries or earn less than you did before the accident after going on part-time or modified duty
  • Keep all bills, invoices, and receipts of your recovery expenses, including vehicle repairs and medical care

Finally, contact an Atlanta distracted driving accident attorney from Bayuk Pratt as soon as possible to discuss the next steps you can take to pursue financial recovery from the distracted driver who hit you.

How We Investigate Distracted Driving Accident Cases

Not many drivers are willing to admit when their distraction behind the wheel has caused an accident. Instead, you’ll likely need to prove that they were before you can get fair compensation for what you’ve suffered. At Bayuk Pratt, our legal team knows how to establish that someone else’s distracted driving caused your injuries through evidence like:

  • Police accident reports and traffic ticket records
  • Surveillance, traffic camera, and dashcam footage
  • Eyewitness testimony
  • Car computer logs
  • Cell phone logs and records
  • Social media posts
  • Accident scene photos and videos
  • Accident reconstruction and forensic expert reports and testimony

Compensation You Could Recover in a Distracted Driving Accident Claim

Filing a legal claim after a distracted driving accident may provide financial recovery for past, ongoing, and future losses you incur due to a distracted driving crash. In a distracted driving accident claim, you may have the right to recover compensation for your:

  • Medical treatment and rehabilitation expenses
  • Costs of replacement services, such as housekeeping or childcare, or long-term disability care
  • Lost income
  • Loss of future earning potential and employment benefits after becoming disabled from your job and other kinds of work
  • Vehicle repair bills or reimbursement of your car’s value if totaled by the collision
  • Physical pain
  • Emotional trauma and distress
  • Disabilities or visible scarring and disfigurement that reduces your quality of life

Are Certain Age Groups More Likely to be Involved in Distracted Driving Accidents?

According to the Centers for Disease Control, drivers aged 15 to 20 get into fatal distracted driving accidents more frequently than drivers aged 21 and older. Among all drivers aged 15 to 20 involved in motor vehicle crashes, 9 percent had engaged in distracted driving behaviors at the time of the crash. A survey of U.S. high school students found that 39 percent of respondents admitted texting or emailing while driving in the past 30 days.

Parties Who Could Be Held Liable for a Distracted Driving Wreck in Atlanta

Depending on the circumstances of a distracted driving accident, various parties may bear liability for the injuries and losses you sustain due to the crash. First, you might hold a distracted driver responsible for the accident. However, when a distracted driver hits you while driving for work, you may also be able to hold the driver’s employer liable under a vicarious liability claim.

In certain circumstances, you may also have a claim against the owner of the vehicle that hit you (if the distracted driver does not own the vehicle). An owner may bear liability for a distracted driving accident if they negligently entrusted their vehicle to the distracted driver, including if the owner knew or should have known that the driver frequently engaged in distracted driving behaviors.

Does Georgia Have a Distracted Driving Law?

Many drivers in Atlanta may wonder, “Is texting and driving illegal in Georgia?” The Georgia texting-while-driving law makes it illegal to use a cell phone in handheld mode to make a call, send or read a text or email, or use the internet while driving, including while stopped at a red light or stop sign. However, drivers can use cell phones in hands-free mode to make phone calls, send and receive messages via text-to-speech, or watch a screen for navigation purposes.

Violating Georgia driving texting laws can result in the imposition of fines and points on one’s driving record. The amount of the fine and points imposed for a violation increases when a driver has multiple convictions within a 24-month period. However, first-time offenders can get the violation dropped by demonstrating to the court that they have obtained a device that allows them to use their cell phone hands-free while driving.

Drivers who break the Georgia distracted driving law can also be held liable for any accidents they cause. An experienced lawyer can gather the appropriate evidence to prove that an at-fault driver was using a phone when they should not have been.

Could You Recover Compensation if You’re Partly to Blame for a Distracted Driving Accident?

Georgia law allows you to recover compensation for an accident you partially caused, as long as you are less than 50 percent at fault. However, any compensation amount you receive will be reduced by your percentage of fault. This dynamic is why working with a lawyer with a track record of recovering maximum compensation is so important.

How Long Do You Have to File a Distracted Driving Accident Lawsuit in Georgia?

The Georgia statute of limitations typically gives you two years to file a lawsuit for injuries you suffered in a distracted driving accident and four years to file a lawsuit for damaged or destroyed property. Contacting a distracted driving lawyer as soon as possible after a crash can help you protect your legal rights by making sure your claims get filed before the applicable deadlines expire. Otherwise, you may lose the opportunity to recover compensation if you file a lawsuit after the end of the limitations period.

Common Types and Causes of Distracted Driving Accidents

Drivers today have many demands on their attention that can cause a distracted driving accident. With people under pressure from busy schedules and vehicles packed with ever-increasing amounts of technology, motorists often feel they must juggle driving and other tasks simultaneously – sometimes with tragic results. Some of the most frequent examples of distracted driving behaviors that can cause accidents include:

  • Texting while driving
  • Eating while driving
  • Drinking coffee or other beverages
  • Putting on makeup or grooming
  • Adjusting the radio, navigation system, or infotainment system
  • Reaching for an object
  • Turning and talking to passengers
  • Managing pets riding inside the vehicle
  • Checking a map or written directions
  • Reading a book, magazine, or newspaper or watching a video on a phone, tablet, or laptop
  • Looking at billboards or other objects outside the vehicle
  • Staring at another accident scene (“rubbernecking”)
  • Daydreaming

Typical Injuries Resulting from a Distracted Driving Collision

Because a distracted driver may not react quickly to brake or swerve to avoid or reduce the severity of a collision, a distracted driving accident can lead to severe injuries. Examples of physical trauma that can occur in a distracted driving collision include: