An Atlanta texting and driving accident lawyer can offer the focused and compassionate legal support you need after a distracted driver causes serious harm. Sending a text, scrolling social media, or watching a video while driving is a dangerous and illegal act that puts lives at risk.
According to the National Highway Traffic Safety Administration (NHTSA), thousands of lives are lost each year in accidents involving distracted drivers. These crashes are entirely preventable and result from a driver’s deliberate decision to disregard their duty to operate a vehicle responsibly.
If your injuries were caused by a driver who was texting, you shouldn’t have to face the legal process alone. An experienced Atlanta car accident attorney can help you collect critical evidence, establish the other driver’s liability, and pursue compensation for your medical expenses, lost wages, pain and suffering, and other related losses.
Call Hasner Law today at 678-888-HURT (4878) for a free, confidential consultation. We’re here to support you every step of the way.
Atlanta Texting and Driving Accident Guide
- How Our Atlanta Texting and Driving Accident Lawyers Can Help
- Understanding Georgia’s Hands-Free Law and Its Role in Your Accident Claim
- How an Atlanta Texting and Driving Accident Lawyer Proves a Driver Was Distracted
- Building a Case Under Georgia’s Distracted Driving Laws
- Common Injuries in High-Impact Texting and Driving Crashes
- FAQs for an Atlanta Texting and Driving Accident Attorney
- Speak with an Atlanta Texting and Driving Accident Attorney
How Our Atlanta Texting and Driving Accident Lawyers Can Help
Proving Distraction After a Texting and Driving Crash
If you were hit by a driver who was using their phone, one of the biggest challenges you may face is proving it. The other driver will likely deny being distracted, and their insurance company will work hard to defend them by pointing to any other possible cause of the crash.
They understand that establishing distraction is critical to your case, and they will try to make that as difficult as possible.
Why Preserving Phone Records Is Crucial in a Texting and Driving Case
At Hasner Law, we counter these challenges with a clear, strategic approach. When you hire an Atlanta texting and driving accident attorney from our firm, we act quickly to secure the evidence needed to support your claim.
This begins with sending a formal spoliation letter, which is a legal notice to both the at-fault driver and their cell phone carrier. This letter requires them to preserve all phone records and data from the time surrounding the crash.
Taking this step early is essential, as this data may be lost or overwritten if not properly preserved.
Gathering Evidence to Support a Texting and Driving Accident Claim
We also conduct a detailed, independent investigation into the collision. In addition to analyzing the police report, we search for other valuable evidence.
This can include traffic camera footage, security video from nearby businesses in areas like Buckhead or Midtown, or even dashcam recordings from passing vehicles. We also identify and interview eyewitnesses who may have seen the driver looking at their phone before the impact.
Let an Experienced Atlanta Car Accident Lawyer Handle the Insurance Company
Just as importantly, we handle all communication with the insurance company. You will no longer have to deal with repeated phone calls, requests for recorded statements, or tactics aimed at minimizing your injuries.
With more than 80 years of combined experience advocating for injury victims throughout Georgia, our attorneys know how to build a strong case that clearly shows the other driver’s illegal texting behavior caused your injuries.
While you focus on healing, we’re committed to holding the responsible party accountable and pursuing the compensation you are legally entitled to.
Understanding Georgia’s Hands-Free Law and Its Role in Your Accident Claim
To address the serious dangers of distracted driving, Georgia enacted a strict hands-free law. Found in the Official Code of Georgia Annotated (O.C.G.A.) Section 40-6-241, this statute serves as an important tool in holding drivers accountable when they use a phone behind the wheel. If you were injured in a crash involving a distracted driver, this law may play a key role in your case.
What Georgia’s Hands-Free Law Prohibits
Georgia’s hands-free law makes it illegal for a driver to physically hold or support a cell phone or similar electronic device with any part of their body while operating a vehicle. This includes holding the phone in their hand, resting it on their lap, or wedging it between their shoulder and ear.
The law also specifically prohibits the following activities:
- Writing, sending, or reading text-based communications such as text messages, emails, or social media messages
- Watching videos on a mobile device while driving
- Recording or broadcasting video while operating a vehicle
These rules are designed to reduce visual, manual, and mental distractions, all of which significantly increase the risk of a collision.
How a Hands-Free Violation Can Strengthen Your Case
If the driver who caused your accident received a citation for violating Georgia’s hands-free law, it can serve as powerful evidence in your injury claim. This type of violation may establish negligence per se, which means the driver is considered legally negligent because they broke a safety law that was intended to prevent the kind of harm you suffered.
Although the insurance company may attempt to argue that other factors contributed to the crash, a violation of Georgia’s hands-free law significantly strengthens the case for the other driver’s liability. This violation can serve as compelling evidence when seeking compensation for your medical expenses, lost income, pain and suffering, and other related damages.
How an Atlanta Texting and Driving Accident Lawyer Proves a Driver Was Distracted
Proving that a driver was texting at the time of a crash is often one of the biggest challenges in a distracted driving claim. Texting takes only a moment, and often, there are no witnesses inside the vehicle to confirm it. Drivers almost never admit to being on their phones, especially when it could make them legally responsible for the collision.
That’s why it’s important to work with an experienced Atlanta texting and driving accident lawyer. A skilled legal team knows how to uncover signs of distraction through careful investigation and by using the legal tools available under Georgia law.
Cell Phone Records Can Reveal Driver Activity at the Time of the Crash
One of the strongest pieces of evidence in a texting while driving case is the driver’s phone records. An attorney can request these records through a subpoena to the cell phone provider, such as Verizon, AT&T, or T-Mobile.
While the content of messages is not included, the records offer a detailed log that shows the exact times when texts were sent or received, when calls were made, and when data activity occurred.
When this data is compared to the police report and crash timeline, it can help demonstrate whether the driver was interacting with their phone in the moments leading up to the collision. This comparison often forms a key part of the case strategy in distracted driving claims handled by attorneys in Atlanta and surrounding areas.
Video Footage From Nearby Sources Can Strengthen the Case
Another valuable source of evidence comes from video recordings. A clip showing the driver looking down, failing to brake, or veering from their lane can support the argument that distraction caused the crash.
Legal investigators often check for footage from traffic cameras, business security systems, residential doorbell cameras, or dashcams. In busy parts of Atlanta, such as Midtown or Buckhead, there may be multiple sources of surveillance that captured the incident or the moments just before impact.
Time is critical when it comes to locating and preserving video evidence, as many systems delete footage within a short period. An Atlanta texting and driving accident lawyer knows how to act quickly to request this evidence before it is lost.
Eyewitnesses May Confirm the Driver’s Inattention
Sometimes the strongest support comes from someone who saw what happened. A witness may have seen the driver holding a phone, swerving, or failing to notice traffic signals or stopped vehicles.
These observations can be especially helpful when combined with phone records or video evidence. Eyewitnesses might include pedestrians, passengers in other vehicles, or nearby drivers who noticed the behavior just before the crash occurred.
Statements from credible witnesses can add weight to the argument that the driver was texting and not paying attention to the road. An attorney will work to locate and speak with these individuals as part of a broader investigation.
Building a Case Under Georgia’s Distracted Driving Laws
Georgia’s hands-free law prohibits drivers from holding a phone or physically interacting with it while operating a vehicle. If the at-fault driver violated this law, the citation itself may support a finding of negligence.
Under Georgia law, breaking a traffic safety statute like this can establish fault through what is known as negligence per se. This means the violation is considered legal proof of careless behavior if it led to the type of harm the law was designed to prevent.
An experienced Atlanta texting and driving accident lawyer will build a case using all available sources of evidence, from digital phone logs to live testimony and official reports. This legal approach is designed to hold distracted drivers accountable and help injured individuals recover the financial support they need to move forward.
Common Injuries in High-Impact Texting and Driving Crashes
When a texting driver doesn’t brake or take evasive action, crashes often happen at full speed. The force of these impacts increases the risk of serious injuries, especially for those in the vehicle that is hit.
- Whiplash and Neck Injuries: Rear-end collisions caused by distracted drivers typically happen without warning. Victims often suffer severe neck strain, soft tissue damage, or disc injuries due to the sudden jolt.
- Traumatic Brain Injuries (TBIs): The force of a high-speed crash can cause the head to strike the steering wheel, window, or seat. This can lead to brain injuries that affect memory, concentration, and overall function.
- Herniated Discs and Spinal Injuries: The spine is especially vulnerable in a rear-end collision. A herniated disc or spinal compression injury can result in long-term pain and may require surgery or ongoing treatment.
- Fractures and Crush Injuries: Major impacts can cause broken bones or crush injuries, particularly to the legs, chest, or pelvis. These injuries often involve lengthy recovery times and extensive medical care.
A qualified Atlanta texting and driving accident lawyer can help document your injuries, establish their connection to the crash, and seek compensation for your medical expenses, lost income, pain and suffering, and other related losses.
FAQs for an Atlanta Texting and Driving Accident Attorney
What should I do if I suspect the driver who hit me was texting?
Your first priority should always be safety and medical care. If you are able to speak at the scene, it is important to tell the responding police officer what you observed.
A statement like, “I saw the driver looking down at their phone right before the crash,” may be included in the police report. This can provide your attorney with an early lead and strengthen a request for phone records during the investigation.
How is a texting and driving case different from a general distracted driving case?
Texting while driving is a specific type of distracted driving, but it often results in a stronger legal claim. Georgia’s Hands-Free Law clearly prohibits reading, writing, or sending text messages while behind the wheel.
Proving that a driver violated this law can support a finding of negligence per se, which means the driver is legally at fault for breaking a traffic safety law. Other distractions, like daydreaming or eating, are more difficult to prove and usually require a broader negligence analysis.
Can the other driver refuse to turn over their phone records?
A driver may choose not to hand over their phone, but they cannot prevent a subpoena from being issued to their cell phone provider. Companies such as Verizon, AT&T, and T-Mobile must comply with court orders. This legal process allows your attorney to obtain phone logs, regardless of whether the driver agrees to cooperate.
If the driver who hit me was a teenager, can their parents be held responsible?
In some cases, yes. Under Georgia’s family purpose doctrine, parents who provide a vehicle for general family use may be held liable for a crash caused by their child. If the teen was texting and caused an accident, the parent’s insurance policy may be responsible for covering the damages.
Why should I hire a lawyer who handles texting and driving cases?
Texting and driving cases require prompt and informed action. An experienced attorney understands how to collect critical evidence such as phone records, video footage, and witness statements.
They know the legal process and how to present a case that insurance companies take seriously. While public safety campaigns help raise awareness, accountability often depends on legal action.
Speak with an Atlanta Texting and Driving Accident Attorney
Texting behind the wheel puts everyone on the road in danger. When that choice causes a crash, the impact can be serious and long-lasting. If you’ve been injured because another driver was distracted, you should not have to face the legal and financial challenges alone.
At Hasner Law, we help people injured in texting and driving accidents throughout Atlanta and the surrounding areas. From the initial consultation to the final resolution, your case will be handled with care, skill, and attention by an Atlanta personal injury attorney committed to protecting your interests.
To learn more about your legal options, contact our Atlanta office at 678-888-HURT (4878). We offer a free consultation with no obligation, so you can focus on healing while we handle the legal process on your behalf.
Hasner Law: Atlanta Injury & Workers’ Compensation Attorneys
2839 Paces Ferry Rd SE #1050
Atlanta, GA 30339
