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Jason R. Schultz P.C

When a Negligent Driver Causes a Crash in Georgia (Part A)

Distracted drivers endanger other drivers and contribute to the majority of vehicle crashes. An estimated 80% of car accidents are caused by distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA). A Fayetteville car accident attorney can help if you've sustained serious or permanent injuries in a car accident in Georgia because of another driver's negligence.

There are 3 main categories of distractions that regularly affect a motorist's ability to drive safely, including:
 

  • Visual distractions - prevents motorists from keeping their eyes on the road.
  • Manual distractions - prevents motorists from keeping their hands on the wheel.
  • Mental distractions - prevents motorists from keeping their minds on driving safely.  


Distracted Drivers

Distracted drivers are often found legally liable for an accident because of their negligence behind the wheel.
While some types of driver distraction are more difficult to prove than others, an experienced Fayetteville car accident attorney can help you analyze the available evidence to determine if the other driver's negligence can be proven through: 

  • police reports;
  • accident photographs;
  • cell phone records; or
  • even calling in an accident reconstruction specialist.  


Many unsafe driving behaviors can distract drivers, such as: 

  • using a cell phone;
  • reaching for something in the car;
  • looking at something outside of the car;
  • reading; and
  • putting on makeup. 


If you've been injured in a car accident in Georgia, consider contacting a Fayetteville car accident attorney who can help determine the liable party or parties for your car accident. 

Establishing Fault After an Accident with a Distracted Driver

Proving fault after a car accident in Georgia involves showing who was negligent, and therefore who is liable for the damages incurred. Successfully establishing negligence will require significant knowledge of Georgia negligence laws, how personal injury claims work, and other major considerations.

This is because in addition to proving negligence, you'll need to prove the degree of negligence. Since Georgia works under a modified comparative negligence system, you'll have to prove that the other party was at least 50% or more at fault while simultaneously minimizing any amount of fault on your behalf as your own degree of fault will be taken out of any settlement you are awarded. This means that if you are found 20% at fault for causing your car accident in Georgia, any settlement or court award will be reduced by 20%. 

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