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I Was in an Accident in Atlanta With a Driver Who Was Using a Cell Phone. What Are My Legal Options?

Experts say that there are now more cell phones in the United States than people. Many cell phone users are attached to their phones at all times, and often driving a vehicle does not prevent them from using their cells.

Using a cell phone while driving can in some cases be more dangerous than driving under the influence of alcohol. Almost a quarter of all car accidents are attributed to cell phone usage, or over 1.5 million accidents a year. The CDC estimates that nine people per day are killed in an automobile accident due to a distracted driver, and most of those distractions are attributable to smart phone use.

Currently, Georgia does not have a law against talking on a cell phone while driving, but it does have a ban on texting while driving. If you are in an accident with someone who was texting or talking on a cell phone was driving, and you believe their distracted driving caused your accident, you should consult with an attorney right away.

It often takes an investigation to discover whether or not a driver was using a cell phone at the time of an accident. Many drivers will lie and deny that a cell phone caused their accident. However, phone records don’t lie, and your attorney can help you obtain those phone records to help prove that the driver was behaving negligently. It’s common for attorneys to subpoena cell phone records to prove that their client was harmed by a driver who was illegally texting while driving.

Fortunately, Georgia law gives drivers who are injured in an accident with a negligent driver the right to seek compensation for damages. This compensation can include medical expenses, lost wages, pain and suffering, and disfigurement. Family members of the injured parties may also be entitled to compensation.

Many individuals who are injured in an accident with a distracted driver believe that they should handle their case on their own. They may believe they can directly negotiate with the insurance company and save attorney’s fees. However, studies have shown that accident victims with attorneys obtain more compensation than accident victims who do not have an attorney, even after attorney’s fees are subtracted. Insurance companies have teams of attorneys on their side, and it’s unlikely that you will be treated fairly throughout the process if you are not represented by an attorney.

If you have been injured in an automobile accident with a distracted driver in the Atlanta area, call the Atlanta personal injury attorneys at Holston & Huntley. We will provide you with a free consultation on your case, and if we choose to take your case you pay us nothing unless we obtain a recovery for you. Call us today at consultations are free and you are under no obligation to use our services. We serve Metro Atlanta Georgia as well as Birmingham Alabama including surrounding areas.

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