Atlanta’s rush hour traffic consists of stop and go, stop and go, stop and go, etc. If you are travelling on I-85 and happen to notice that the person behind you is talking on his cell phone, you tend to not think much of it. The fact of the matter is that it seems that everyone in Atlanta is talking on their cell phones while driving. It is your job as a driver to be sure that you stop for traffic as it comes to a stop in front of you, to avoid an accident. If you are rear ended by a distracted driver, thus, begins a long and painful road to recovery because of someone else’s malfeasance. You know that the other driver should be responsible for your car, your medical bills, your lost wages, your pain, your suffering, your inconvenience, but are they responsible for anything else? Can you make a claim for punitive damages when the other driver was talking on the cell phone? Despite the fact that lawmakers and safety experts around the country are aware of all of the dangers associated with distracted driving, there are overwhelming statistics showing that distracted driving is as dangerous as drinking and driving.
Because you are not a practicing attorney, like a skilled car accident lawyer Dekalb County GA trusts, it would be wise to know that in Georgia, the proper use of a wireless communication device while driving does not constitute a violation of the duty to exercise due care while operating a motor vehicle.
It is also known in Georgia that “punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” To put it simply, you have to have something more than just talking on the cell phone or texting to prove negligence. Because you are likely not a practicing attorney, in the event you are curious about the some circumstances where you are involved, please contact a professional.
If you or someone you know has recently been involved in an accident with someone driving while distracted you should speak with someone. The only way to be certain of the laws in your state and to quickly have the situation accessed, you must reach out to an attorney in your area who can better advise you on the matter. An attorney will be able to better explain the act of negligence that is prevalent in the case.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into truck accident cases.