INJURED?

Dangerous Drivers: Distracted Driving, Texting Or Falling Asleep At The Wheel

Last updated on July 22, 2024

No matter where you drive, you see them: drivers looking at their laps, slowly leaving stoplights, driving too slowly or erratically or even drifting out of their own lane. They may be texting or checking Facebook, Twitter or Instagram. They might be eating a sandwich. They could also be falling asleep at the wheel. Whatever the case may be, these drivers cause serious danger to other drivers.

Our founding attorney, Glenda Mitchell, is an experienced car accident attorney who represents clients in Georgia, South Carolina, and Alabama. From the Glenda Mitchell Law Firm offices in Cartersville, Greenville and Auburn, she helps injured clients who have suffered from accident injuries because of another’s negligence or wrongdoing seek justice and compensation.

Distractions Of All Kinds Lead To Serious Accidents

While smartphones, with their infinite supply of content, are the latest and most powerful source of distraction for drivers, they are not the only ones. Police often report drivers engaging in conduct like putting on makeup, shaving or reading papers or other texts, all while driving. But distracted driving can be deadly, and it can leave its victims with injuries they will carry for the rest of their lives.

Risks Range From Texting To Fast Food To Overtired Drivers

Studies have found that drivers can be distracted in countless ways. They eat, drink, smoke, work, read, text, daydream and engage in virtually every other human behavior. Smartphones, which really are less phone and more cellular-connected internet computers, allow people to be distracted by millions of websites while driving. Others are fatigued and drowsy after sleeping too little the night before driving – just as dangerous.

Sometimes distracted driving incidents seem truly absurd, as when one driver video streamed herself driving drunk. But it is likely that tens of thousands of motorists, bicyclists and pedestrians are injured, and thousands are killed every year by this type of negligent driving – sometimes without public notice. If you have been hurt or a family member has been killed by someone else’s negligent or egregious behavior, it is natural to want compensation and justice. Our attorney zealously works to hold these individuals accountable for their negligence.

Frequently Asked Questions About Distracted Driving Claims

Distracted driving is quickly becoming one of the most common causes of motor vehicle accidents in Georgia. If you or someone you care about has been hit by a distracted or drowsy driver, you may have questions about pursuing a car accident claim.

But first, our attorney provides some answers to commonly asked questions here. At the Glenda Mitchell Law Firm, we are happy to provide personalized answers to any of your questions in a free consultation.

Is distracted driving illegal in Georgia?

Technically, yes. On July 1, 2018, Georgia’s Hands-Free Law went into effect. This law makes it illegal to use your cellphone behind the wheel and restricts its use so drivers cannot:

Hold or touch their phone
Send or read text messages
Record videos on their phone

However, it is still legal to take calls through Bluetooth and use your GPS.

This law focuses on restricting phone use behind the wheel. And cellphone use makes up a large percentage of distracted driving accidents. However, the law does not cover or illegalize other forms of distracted driving that can also lead to serious injuries on Georgia roads.

What is considered distracted driving?

There are three main kinds of distracted driving:

Visual: This involves anything that takes your eyes off the road, such as putting on makeup or looking down at a phone.
Cognitive: This includes things that distract your mind from the task at hand, such as talking with a passenger or even thinking.
Manual: Anything that takes one or both hands off the wheel is a manual distraction. This could be eating or texting.

If a driver engages in one or a combination of these categories, they pose a serious risk to other drivers.

How can you prove the at-fault driver was distracted?

Everyone who has driven on Georgia roads knows how common distracted driving is. However, in a distracted driving accident claim, it is necessary to prove that the at-fault driver was distracted. To do so, there are a variety of places an experienced lawyer may direct their investigation, including:

Cellphone records, if the at-fault driver was using it at the time of the car crash
Video of the accident from traffic cameras or dashboard cameras
Statements from witnesses of the accident
Accident reconstructions

At the Glenda Mitchell Law Firm, our experienced car accident attorney can help you better understand what evidence is needed to prove that an accident was caused by distracted driving.

What should I do if I was in a car wreck caused by a distracted driver?

After any auto accident, and especially an accident caused by distracted driving, you should:

Seek medical attention as soon as possible. Even if you think you are not hurt, serious injuries can show up long after the initial collision.
Call the police. They will investigate the scene and collect evidence for an accident report. This could be crucial evidence to prove the at-fault driver was distracted.
If you can, collect your own records of the accident. Take pictures and note the date, time and conditions of the accident.

Distracted driving is negligent and, under Georgia law, often illegal. If you were hurt by someone who disobeyed the law and took the risk of driving distracted, you may have a personal injury claim. By speaking with a trusted attorney, you can find out if you have a claim and how much it is worth.

How common is drowsy driving?

The National Sleep Foundation reported that nearly 40% of drivers have fallen asleep behind the wheel, and even more have driven when they did not feel fully awake and alert behind the wheel.

What should I look out for if someone is driving drowsy?

To avoid a serious accident because of drowsy driving, you should:

Be aware of the time: Drowsy driving is most common in the early morning hours and the late afternoon
Watch for drifting drivers: Drowsy drivers often hit the shoulder or drift from their lane
Always drive defensively: If you are aware of your surroundings, you can react faster to obstacles and drowsy drivers

While taking precautions can help you avoid an accident, car accidents can still happen. If you suspect that your accident was caused by a distracted driver, our experienced distracted driving accident attorney can help.

How dangerous is drowsy driving?

Many studies and experts have compared drowsy driving directly with driving drunk. Both pose serious dangers to drivers because drunk and drowsy drivers both have:

Trouble focusing on the road or traffic signs
Possible blurry vision
Slow reaction times
Difficulty staying in their lane

Drowsy drivers’ ability to operate their vehicles is inhibited simply because they did not get proper sleep.

If I was involved in an accident with a drowsy driver, how will it affect my personal injury claim?

Drowsy driving and drunk driving may have many similarities. However, drowsy driving is not illegal. Even so, a drowsy driver is the one at fault if they caused your accident that resulted in a serious injury.

You will still have to prove the portion of the drowsy driver’s fault, but you also still have a right to recover compensation after an accident. There is no question that drowsy driving is negligent, and you should not have to suffer from another’s reckless behavior. With a personal injury attorney on your side, you can ensure you will obtain your fair compensation after a reckless motor vehicle accident.

When Texting Drivers Cause Accidents

Texting while driving is a known hazard on today’s roads. Even following the rules of the road and driving defensively may not protect you from erratic driving by other drivers distracted by their cellphones, GPS devices or other mobile devices such as tablet computers. If you were injured in a crash and the other driver’s traffic violation was the apparent cause, it may also be important to find out if that driver’s cellphone was in use at that moment.

There Is No Justification For Texting And Driving

Any verifiable distraction by another driver can be evidence of negligence but texting while driving carries additional weight in Georgia, which has new hands-free only technology rules as of July 2018. Specifically, the new law prohibits drivers from holding or supporting any part of the body of a wireless telecommunications device or another stand-alone electronic device; writing, sending or reading any text-based communication while holding a device; watching a video or movie; or recording a video, while driving.

South Carolina also prohibits drivers from using wireless electronic communication devices to compose, send or read text-based communications while operating motor vehicles on public highways in the state.

When there is doubt as to which of the two drivers was negligent leading up to a crash, cellphone data and/or eyewitness testimony may prove that one was breaking vehicle operation laws by texting while driving.

Consult A Distracted Driving Accident Attorney For Free

If you have been injured in a crash with a suspected distracted driver, call our Cartersville office in Georgia at 678-721-0417 for a free initial consultation. In Alabama, call our Auburn office at 334-604-7927 and in South Carolina, call our Greenville office at 864-326-3073 or use our convenient online form.