If the other motorist was using a cellphone when your crash occurred, they most likely caused it. However, it still needs to be established that you were the victim of a distracted driving accident to obtain the compensation you deserve for your injuries. Our experienced Atlanta injury lawyer at Rechtman & Spevak has numerous ways to prove the negligent driver used a cellphone during the crash. Our team also tackles any insurance company resistance to obtain a fair settlement for you. Here’s what you need to know.
Is It Legal to Use a Cellphone When Driving in Georgia?
Since 2018, when the Hands-Free Georgia Act was passed, it’s been illegal for people to hold a cellphone or touch it while driving. Here are the stipulations of this law:
- Hands-free talking only. Again, holding or touching the phone isn’t allowed.
- No texting. Motorists are prohibited from reading or sending texts, emails, or social media content while driving. That said, voice-to-text messaging is allowed.
- Watch or record videos. It’s against the law to do this while on the road.
- Hands-free streaming music. While people can listen to streaming music that doesn’t play videos on their phone screen, they’re prohibited from touching their cell while driving to change music.
- Adjusting GPS while driving. While driving, you’re allowed to use GPS, but you’re not allowed to modify the system.
Motorists who violate the Hands-Free Georgia Act may have to pay a fine and have points assessed on their driving record.
How Cellphone Usage Causes Distracted Driving Car Accidents in Atlanta
Distracted driving is one of the top causes of car accidents in Atlanta. Using a cellphone takes a motorist’s mind off their driving, their hands off the steering wheel, and their eyes off the road even if they’re not violating the Hands-Free law. In fact, texting and driving is considered as dangerous as drunk driving.
If someone is reading or responding to a text for as little as four seconds when traveling at 55 mph, they will have traveled the distance of a football field while not paying attention to the road. Here are ways they can cause a distracted driving accident without even realizing it:
- Speeding
- Running a red light
- Not yielding the right of way at a stop sign
- Veering into another lane of traffic
- Not seeing a driver in front of them slowing down or stopping
- Pulling in front of another vehicle
- Failing to see debris on the road until it is too late to avoid without causing a collision
How to Prove the Other Driver’s Use of a Cellphone Caused Your Crash
Determining fault in a car accident is vital, but it can’t be done without the proper evidence. Your testimony is helpful if you see the person using a phone. Still, it’s best also to have other documentation establishing this, especially if the motorist denies using their phone. Some of it may be impossible to collect on your own, but here are the types of evidence Rechtman & Spevak can help discover:
- Police report. One of the first steps you should take after your auto crash is to call the police. If the officer determined the motorist who struck you violated Georgia’s Hands-Free law and issued a citation, the police report could help you prove the other driver was using their cellphone.
- Eyewitness statements. If eyewitnesses saw the other driver on their cellphone, this testimony helps prove they were distracted. Our legal team contacts all witnesses before they disappear or their memories fade to obtain their written statements.
- Cellphone records. Our lawyer secures the other driver’s cellphone records, which show whether they were texting or talking at the time of the crash.
- Vehicle details. We also investigate whether the negligent driver’s vehicle had voice-to-text or voice-control capabilities.
- Traffic and business camera footage. Attorney Jaret Spevak will review nearby traffic and business camera footage before it’s taped over or destroyed to see if it captured the accident and if the other motorist was using their phone at the time.