Atlanta Texting & Driving Accident Lawyer
Distracted driving accidents have reached epidemic proportions in Atlanta, with texting while driving representing one of the most dangerous behaviors on our roads today. If you or a loved one has been injured by a driver who was texting behind the wheel, an experienced Atlanta texting & driving accident lawyer can help you pursue the compensation you deserve. At Morain & Buckelew, LLC, our team brings 15 years of dedicated service and more than 90 years of combined legal experience to every case involving distracted driving accidents.
Our firm consists of three attorneys, Grant Morain, Brian Buckelew, and Paul Allmon, who understand the devastating impact that texting and driving accidents can have on victims and their families. We take a personal interest in each client and their case, ensuring you receive the compassionate, thorough representation needed to hold negligent drivers accountable for their dangerous choices.
The Growing Danger of Texting While Driving
According to the most recent available data, texting while driving makes a crash 23 times more likely to occur than driving without distraction. When a driver takes their eyes off the road to read or send a text message, they are essentially driving blind for an average of five seconds. At highway speeds on interstates like I-285, I-85, or the Downtown Connector, this means traveling the length of a football field without looking at the road.
Georgia law specifically prohibits drivers from holding or supporting a wireless telecommunications device while operating a motor vehicle. This hands-free law makes it illegal to text, email, or use social media while driving. Despite these clear legal prohibitions, many drivers continue to engage in this reckless behavior, putting innocent motorists, pedestrians, and cyclists at risk throughout the metropolitan area.
The consequences of texting and driving extend far beyond traffic citations. When these distracted drivers cause accidents, they can be held liable for all damages resulting from their negligent actions, including medical expenses, lost wages, pain and suffering, and property damage.
Common Injuries in Texting and Driving Accidents
Distracted driving crashes often occur at high speeds with little to no braking before impact, resulting in particularly severe injuries. Victims frequently suffer traumatic brain injuries when their heads strike steering wheels, dashboards, or windows during the collision. These brain injuries can have lasting effects on cognitive function, memory, and quality of life.
Spinal cord injuries are also common in texting-related accidents, particularly when drivers fail to see stopped traffic ahead and rear-end other vehicles at full speed. These injuries can result in partial or complete paralysis, requiring extensive medical treatment and long-term care. Neck and back injuries, including herniated discs and whiplash, frequently occur due to the sudden impact forces involved in these crashes.
Broken bones, internal injuries, and severe lacerations are additional consequences victims may face. The emotional trauma of being injured by someone who chose to prioritize their phone over public safety can be just as devastating as the physical injuries, leading to anxiety, depression, and post-traumatic stress disorder.
Our Atlanta personal injury lawyers work with medical experts to fully document the extent of your injuries and ensure all current and future medical needs are included in your claim for compensation.
Proving Liability in Texting and Driving Cases
Successfully proving that a driver was texting at the time of an accident requires thorough investigation and evidence collection. Cell phone records, known as call detail records, can demonstrate when text messages were sent or received around the time of the crash. These records are typically obtained through the legal discovery process during litigation.
Witness testimony can be crucial in establishing that the at-fault driver was looking down at their phone or appeared distracted immediately before the collision. Traffic cameras, security cameras from nearby businesses, and dashcam footage may also capture evidence of the driver’s distracted behavior.
Police reports often contain valuable information, including citations issued for hands-free law violations or witness statements collected at the scene. Our attorneys also examine the physical evidence from the crash, such as damage patterns and skid marks, which can indicate whether the driver attempted to brake before impact.
Modern vehicles equipped with event data recorders may provide additional evidence about the vehicle’s speed and braking patterns in the moments leading up to the crash. We work with accident reconstruction experts when necessary to analyze all available evidence and build a compelling case for liability.
Atlanta Texting & Driving Accident FAQs
What should I do immediately after being hit by a texting driver?
Call 911 to report the accident and request medical assistance even if you feel fine initially. Document the scene with photographs if you are able, and ask witnesses for their contact information. Do not confront the other driver about texting, but make note of any admissions they make to police officers. Seek medical attention promptly, as some injuries may not manifest symptoms immediately.
How can I prove the other driver was texting at the time of the accident?
Evidence of texting while driving can include cell phone records, witness testimony, police reports, traffic camera footage, and the driver’s own admissions. Your attorney can subpoena phone records and work with experts to establish a timeline proving the driver was using their device when the crash occurred.
What damages can I recover in a texting and driving accident case?
You may be entitled to compensation for medical expenses, lost wages, future medical care, property damage, pain and suffering, and loss of enjoyment of life. If your injuries prevent you from returning to work or require career changes, you may also recover damages for diminished earning capacity.
How long do I have to file a lawsuit after a texting and driving accident?
Georgia’s statute of limitations for personal injury cases is generally two years from the date of the accident. However, it is important to contact an attorney as soon as possible to preserve evidence and protect your rights, as crucial evidence like cell phone records may be deleted or become more difficult to obtain over time.
Will the case go to trial or settle out of court?
Many texting and driving cases settle through negotiations with insurance companies, but we prepare every case for trial from day one. This trial-ready approach often leads to better settlement offers, and if the insurance company refuses to offer fair compensation, we are fully prepared to present your case to a jury.
Can I still recover compensation if I was partially at fault for the accident?
Georgia follows a modified comparative fault rule, meaning you can still recover damages as long as you were less than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault, but the texting driver will still be held accountable for their share of responsibility.
What if the texting driver’s insurance coverage is insufficient?
If the at-fault driver lacks adequate insurance to cover your damages, your own uninsured or underinsured motorist coverage may provide additional compensation. We thoroughly review all available insurance policies to maximize your recovery and ensure no potential source of compensation is overlooked.
Serving Throughout Atlanta
- Buckhead
- Midtown
- Virginia-Highland
- Inman Park
- Little Five Points
- Grant Park
- Old Fourth Ward
- Poncey-Highland
- Candler Park
- East Atlanta
Contact an Atlanta Texting and Driving Accident Attorney Today
If you have been injured by a distracted driver who was texting behind the wheel, you do not have to face this challenging time alone. The experienced legal team at Morain & Buckelew, LLC is ready to step in when life feels most uncertain and provide the steady guidance and strategic representation you need. Our Atlanta car accident attorneys understand the stakes involved in these cases and never back down when justice is on the line. Contact our texting and driving accident attorney today to schedule your free consultation and learn how we can help you pursue the compensation you deserve while you focus on healing and recovery.