All state legislatures across the nation have modified their laws regarding distracted driving over the past decade. While most states have made texting while driving the only offense allowing for a citation, some states like Georgia have set the bar at no hand-held devices at all while a driver is in transit. However, the stricter laws across the nation may not be producing the intended results.
Even in states like Georgia that have outlawed all cellphone communication unless it is done hands-free, it appears that even this standard is not providing much improvement in safety. Distracted driving statistics have shown that approximately 100 people die on U.S. highways daily, and 9% of those fatal accidents involve hands-free devices. This is still a significant number of fatalities that could be prevented.
How distracted driving impacts an injury case
All auto accidents in Georgia center around fault. The problem is that the state legislature has set the bar for being denied financial recovery for an accident injury at 50%. As a result, in a two-car accident where each driver is equally at fault, neither driver can be financially compensated. Additionally, proof that a cellphone was being used in any fashion can impact that negligence determination. This law heavily favors insurance companies, which look diligently for any evidence in a distracted driving case that either driver was using a communication device when the collision occurred.
Georgia accident attorneys understand this problem when they represent clients who could be accused of being distracted and contributing to causing their own injuries. Insurance companies in Georgia have considerable input in the original determination of fault when accidents are reconstructed, so accident attorneys may investigate the crash personally in order to build a solid case for their injured clients regarding financial compensation after an accident.