Distracted driving is a big problem on Augusta’s roads, causing many accidents, injuries, and even deaths each year. Whether it’s texting, adjusting the GPS, or eating while driving, anything that takes a driver’s attention away from the road can lead to a crash.
If you’ve been in a crash caused by a distracted driver, it’s important to know your legal rights. This includes understanding Georgia’s laws, what happens to the at-fault driver, and what steps you can take to get the compensation you deserve.
What is Distracted Driving?
Distracted driving happens when a driver’s attention is taken away from the road, even for a few seconds. It might not seem like a big deal to glance at a phone or adjust the radio, but these small distractions can lead to serious accidents.
There are three main types of distractions:
- Manual distractions: When driver takes their hands off the wheel, such as eating, reaching for something, or adjusting the car’s controls.
- Visual distractions: When a driver looks away from the road, like checking a phone, reading a map, or looking at something outside the car.
- Cognitive distractions: When a driver’s mind is not fully focused on driving. This can happen when someone is daydreaming, having a deep conversation, or feeling overly stressed.
The National Highway Traffic Safety Administration reports that thousands of crashes happen every year because drivers are not paying full attention to the road. Research shows that texting while driving makes a crash 23 times more likely. Even looking away just for a few seconds can be the difference between stopping in time or causing a serious accident.
Georgia’s Distracted Driving Laws and Regulations
To help reduce distracted driving and make the roads safer, Georgia introduced the Hands-Free Law in 2018. This law is designed to stop drivers from using their phones in ways that take their attention off the road. Under this law, drivers are not allowed to:
- Watch or record videos
- Hold a phone while driving
- Text, email, or browse social media
Breaking this law can result in fines and points on your driver’s license. The penalties increase with each offense:
- First offense: A $50 fine and 1 point on your license.
- Second offense: A $100 fine and 2 points.
- Third offense (and beyond): A $150 fine and 3 points.
Legal Consequences of Distracted Driving Accidents
Depending on how bad the accident is, the at-fault driver may:
- They will be held responsible for damages in a personal injury lawsuit. This means they may have to pay for medical bills, car repairs, lost wages, and other expenses for the victim.
- They will face reckless driving charges. In Georgia, reckless driving is a misdemeanor offense, which can lead to fines, license suspension, or even jail time in some cases.
- They may be charged with a more serious crime. If the accident results in someone being badly hurt or killed, the driver could face criminal charges, which may lead to harsher penalties, including significant or prison time.
On top of legal consequences, distracted driving can also have long-term financial effects. Insurance companies see distracted driving as a risky behavior, which means drivers who cause these accidents may face much higher insurance rates–or in some cases, their claims may even be denied.
What to Do If You Are in a Distracted Driving Accident
After a car accident, it’s easy to feel shaken and unsure of what to do next. Here’s what you should do if you find yourself in this situation:
Call the police
Even if the accident seems minor, always call the police. An officer will document what happened and file an official accident report, which will be important when dealing with insurance companies or legal claims.
Seek medical attention
Some injuries like whiplash or internal injuries don’t show symptoms right away. Even if you feel fine, it’s best to see a doctor as soon as possible. Medical records can also serve as important evidence if you decide to file a claim.
Gather evidence at the scene
If it’s safe to do so, take pictures of everything–the damage to the vehicles, the road conditions, traffic signs, and any visible injuries. The more details you have, the stronger your case will be,.
Collect witness statements
If there were people who saw the accident happen, ask for their contact information. Their statements can help prove that the other driver was distracted and at fault.
Keep all records
Hold onto everything related to the accident, including medical bills, car repair estimates, the police report, and any communication with insurance companies. These documents will be key when proving your claim.
Consult with a personal injury attorney
Insurance companies often try to settle claims for less than they’re worth. An Augusta car accident attorney can guide you through the process, negotiate with insurers on your behalf, and help you take legal action if necessary.
Final thoughts
Distracted driving is a problem that affects everyone on the road. While laws and penalties aim to discourage risky behavior, the responsibility ultimately falls on drivers to stay focused and drive safe.
If you’ve been in an accident caused by a distracted driver, it’s important to know your rights and take the right legal steps. Getting help from a lawyer can make a big difference, ensuring you get the compensation you deserve and holding the at-fault driver accountable.
At the end of the day, safer roads start with responsible driving. Putting your phone away, keeping both hands on the wheel, and staying focused can prevent crashes and save lives.