When distracted drivers take their focus off the road, they increase the risk of serious accidents that can leave you with life-altering injuries. Your Duluth distracted driving accident lawyer from Slam Dunk Attorney is ready to fight for the compensation you need to cover your medical expenses, lost wages, and suffering.
Available for our clients 24/7, your Duluth car accident lawyer is always here when you need legal guidance. Call today to get started with a 100% free consultation and discuss the details of your case with our highly skilled attorneys.
Who Can Be Held Liable in a Distracted Driving Accident
Distracted driving accidents are often caused by a driver who fails to focus on the road, but liability may extend beyond the driver alone. Employers, rideshare companies, and commercial entities may also be responsible if the distracted driver was working at the time of the crash. Here are more parties that could also share responsibility:
- The distracted driver – A driver who was texting, eating, or engaging in another distraction is responsible for the crash. Proving this often requires phone records, traffic camera footage, or witness statements.
- Rideshare companies – If a rideshare driver caused the crash while actively transporting a passenger, the company’s insurance coverage may apply. Rideshare drivers are often distracted by their app, GPS navigation, or looking for passengers, increasing the risk of accidents.
- Commercial employers – Trucking companies and delivery services may be liable if they encourage drivers to take calls, respond to messages, or operate under unrealistic schedules. Holding employers accountable may require reviewing company policies and driver logs.
- Vehicle manufacturers – Some accidents occur due to poorly designed infotainment systems that encourage distracted driving. Manufacturers may be liable if a design flaw or faulty equipment contributed to the crash.
- Government agencies – Poorly placed road signs, confusing intersections, or distracting electronic billboards can create unsafe driving conditions. If a hazardous roadway contributed to the crash, the agency responsible for maintaining the road may be held accountable.
Multiple parties may share responsibility for a distracted driving accident, making thorough investigations critical to proving liability. Reviewing phone activity, analyzing vehicle data, and securing expert testimony can help establish how distraction played a role in the crash. Identifying all negligent parties can increase the amount of compensation available to cover bills for medical care, loss of income, and other damages. Your Duluth personal injury lawyer can ensure that no critical detail is overlooked in building a strong claim.
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Distracted Driving Accidents Are More Complex Than Other Crashes
Distracted driving accidents often present challenges that make them more difficult to prove than other types of collisions. Unlike speeding or drunk driving, which leave clear physical evidence, distracted driving does not always result in obvious signs at the crash scene. Your Duluth distracted driving accident attorney with Slam Dunk Attorney can help gather the necessary evidence to demonstrate that distraction played a role in your crash with some examples including:
- Cell phone use – Texting, calling, or using apps while driving takes a driver’s attention off the road.
- In-car distractions – Adjusting the radio, using GPS, or talking to passengers can reduce reaction time and cause accidents.
- Multitasking behind the wheel – Eating, applying makeup, or reaching for objects inside the vehicle takes a driver’s focus away from the road.
- Work-related distractions – Commercial drivers who take calls, check emails, or respond to dispatch messages while driving are more likely to be involved in accidents.
- External distractions – Digital billboards, roadside accidents, or unexpected events can take a driver’s attention off the road.
Proving that a driver was distracted at the time of the crash often requires extensive investigation. Phone records, data from vehicle black boxes, and witness statements can provide crucial evidence, but insurance companies may resist releasing this information. Working with accident reconstruction experts and gathering surveillance footage can help establish liability and strengthen your claim.
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How a Trial Lawyer Builds a Distracted Driving Case
A strong legal case for distracted driving requires gathering evidence that proves the driver was not fully focused on the road. Phone records, surveillance footage, and witness statements can all help establish liability. The following steps are often taken when filing a car accident lawsuit:
- Requesting cell phone records
- Analyzing crash scene evidence
- Consulting expert witnesses
- Examining traffic camera footage
- Interviewing eyewitnesses
Slam Dunk Attorney Prepares Every Case for Court
Many distracted driving accident claims are settled before going to trial, but preparing every case as if it will go before a judge can lead to stronger outcomes. Insurance companies are more likely to offer fair settlements when they know a case has been thoroughly investigated and backed by expert testimony.
Some law firms focus on quick settlements, but an aggressive legal approach can make a significant difference in the amount of compensation a victim recovers. Gathering extensive evidence, consulting industry experts, and challenging insurance company tactics are all part of an effective legal strategy. When an accident disrupts your life, having a legal team prepared to fight for you in court can provide the strongest chance for full financial recovery.
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How Hands-Free Laws Affect Distracted Driving Claims
Under Georgia Code § 40-6-241, it is illegal to use a handheld device while driving, and violations can result in fines and points on a driver’s record. Georgia’s hands-free law prohibits drivers from holding or using a phone while driving, but hands-free devices can still be a source of distraction. Even when using Bluetooth or voice-activated features, a driver’s attention may be diverted from the road.
Insurance companies may argue that a driver complied with the hands-free law and was, therefore, not distracted. However, proving negligence does not require showing that a driver was using a handheld device—only that they failed to focus on the road. Eyewitness statements, vehicle data, and expert analysis can help establish that distraction played a role in the crash.
Some drivers assume that hands-free technology eliminates the risks associated with distracted driving. However, mental distractions, delayed reaction times, and divided attention can still lead to serious accidents. Holding a distracted driver accountable requires demonstrating how their lack of focus directly contributed to the collision.
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Fight for Maximum Compensation With a Distracted Driving Accident Attorney in Duluth
A distracted driver’s negligence can cause serious harm, but you have the right to demand justice. Our firm is ready to take on the insurance companies and fight for the full compensation you are entitled to receive.
Call today or complete our online contact form to learn more about us and schedule your free, no-obligation consultation with your distracted driving accident lawyer in Duluth with Slam Dunk Attorney.
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