Georgia Automobile Accident Attorneys
Cell Phones, Texting and other Distractions
Numerous studies have shown that texting or using a cell phone while driving can be even more dangerous than driving drunk. In fact, many automobile wrecks occur, and thousands of people are injured or killed each year, because drivers divert their attention from the road to operate a mobile device. While some states have passed laws either prohibiting or limiting such conduct, others have yet to act. In response to this danger, the U.S. Department of Transportation enacted DOT 14-10 on January 26, 2010, which prohibits truck and bus drivers from sending text messages while driving. This federal measure is effective immediately and applies to drivers of interstate buses and trucks weighing more than 10,000 pounds. Violators may be subject to civil and/or criminal penalties of up to $2,750. For more information concerning efforts by the U.S. DOT to combat driving distractions, go to www.distraction.gov. Even where specific laws banning this practice have yet to be enacted, drivers may still be held responsible when they negligently cause accidents while they are texting, talking on cell phones or are otherwise distracted.
Georgia law requires drivers to exercise due care in operating motor vehicles on the highways of this state and prohibits them from engaging in "...any actions which shall distract such driver from the safe operation of such vehicle." OCGA § 40-6-241. Even though the law specifies that "proper use" of a mobile device does not qualify as a per se violation, when the driver's ability to exercise due care is impaired by the device and results in a wreck, an actionable claim for negligence can arise. As technology advances and cars become equipped with interactive features like GPS, navigation and satellite radio, the risk of accidents and serious injuries will undoubtedly increase.
If you have been injured in a car accident as a result of a driver who was texting, talking on a cell phone or otherwise distracted, you should contact one of the accident lawyers at Burnside Wall LLP for a free initial consultation - (706) 722-0768. We have years of experience handling automobile accident cases and will fight hard to recover the compensation you need and deserve.
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