Proving Distracted Driving in Court: Tips for Personal Injury Victims
Distracted driving is one of the leading causes of car accidents in Georgia, often resulting in serious injuries or fatalities. Whether it’s texting, eating, or adjusting the GPS, distracted drivers put everyone on the road at risk. If you’ve been injured in an accident caused by a distracted driver, proving their negligence in court is crucial to securing compensation for your medical bills, lost wages, and pain and suffering.
At The Spizman Firm, our Atlanta Personal Injury attorneys understand how challenging it can be to establish liability in a distracted driving case. Below, we outline key tips and evidence to strengthen your personal injury claim.
What Is Distracted Driving?
Distracted driving occurs when a driver takes their hands off the wheel, eyes off the road, or mind off driving. Common distractions include:
- Texting or using a phone (reading emails, making calls, checking social media)
- Eating or drinking
- Adjusting the radio, GPS, or climate controls
- Talking to passengers
- Grooming (putting on makeup, shaving, fixing hair, etc.)
- Reaching for objects inside the vehicle
Georgia’s Hands-Free Law (O.C.G.A. § 40-6-241) prohibits drivers from holding or using handheld devices while driving. Violating this law can serve as strong evidence of negligence in a personal injury case.
How to Prove a Distracted Driving Claim
To successfully prove that the other driver’s distraction caused your accident, you will need solid evidence and legal strategy. Here are key ways to build your case:
- Police Reports
After an accident, always call the police and request an official accident report. The officer may note signs of distraction, such as an open phone app or the driver admitting they weren’t paying attention. A police report carries weight in court as an unbiased record of the incident.
- Witness Testimony
Eyewitnesses can provide critical testimony about the other driver’s behavior before the crash. If someone saw the driver looking at their phone, eating, or engaging in another distraction, their statement can strengthen your claim.
- Cell Phone Records
Cell phone records can prove whether the driver was texting or making a call at the time of the crash. Your attorney can subpoena these records to show that the driver was using their phone immediately before impact.
- Traffic Camera or Dashcam Footage
Video footage from traffic cameras, dashcams, or nearby businesses can provide clear evidence of distracted driving. If the driver was visibly looking down or holding a phone, this footage can be compelling proof in court.
- Accident Reconstruction Experts
If the at-fault driver denies being distracted, an accident reconstruction expert can analyze:
- The positioning of vehicles before impact
- Skid marks and braking patterns
- The severity of the crash
This evidence can indicate delayed reaction times, supporting your claim that the driver was distracted.
- Social Media and GPS Data
Social media posts, emails, or GPS data showing activity during the accident timeframe can further prove negligence. If the driver posted on Facebook or was using a navigation app, this can be used as evidence of distraction.
Comparative Negligence in Georgia
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). This means:
- You can recover damages as long as you are less than 50% at fault.
- Your compensation is reduced by your percentage of fault.
If the other driver claims you were also distracted, it’s important to have a skilled attorney who can minimize your percentage of fault and protect your claim.
Damages Available in a Distracted Driving Case
If you successfully prove the at-fault driver’s negligence, you may be eligible for compensation, including:
- Medical expenses (current and future treatment)
- Lost wages and reduced earning capacity
- Pain and suffering
- Vehicle repairs or replacement
- Punitive damages (if the driver’s actions were especially reckless, such as texting while speeding)
Why Legal Representation Matters
At The Spizman Firm, we have a track record of helping injured victims prove negligence and recover the compensation they deserve. Our team serves clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Let us fight for your rights and help you get the justice you deserve.
