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Huggins Accident Injury Lawyer, LLC Distracted Driving Accidents

Atlanta Distracted Driving Accident Lawyer

Representing Victims of Distracted Driving Accidents

When you are driving down the road, you expect the other drivers around you to be paying attention to the road. Unfortunately, many drivers are far too focused on other things to safely operate their vehicles, and they cause serious accidents as a result. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was responsible for 3,166 deaths and countless more injuries in 2017 alone. That is why distracted driving is one of the leading causes of car accidents in the United States.

At Huggins Injury Law, our Atlanta distracted driving accident attorney understands the immense impact these accidents can have on your life, which is why we are committed to fighting for the compensation you deserve. We have helped countless clients recover the compensation they were owed, and we may be able to help you as well. If you were injured or lost a loved one in a distracted driving accident, we can help you fight for justice.

Call us today at (470) 900-4090 or contact us online to schedule a consultation with our Atlanta distracted driving accident lawyer.

What Is Distracted Driving?

Distracted driving refers to any activity that takes the driver’s attention away from the task of driving. There are many different actions that can distract a driver, but the three primary types of distracted driving are:

  • Visual distractions, which take the driver’s eyes off the road
  • Manual distractions, which take the driver’s hands off the wheel
  • Cognitive distractions, which take the driver’s mind off the task of driving

Activities like talking on the phone, texting, eating, and talking to passengers can all be incredibly distracting and can take the driver’s attention away from the road. In fact, according to the NHTSA, sending or receiving a text takes a driver’s eyes off the road for about 5 seconds, which is enough time to cover the length of a football field at 55 mph.

Because of the immense amount of time a driver can take their eyes off the road when texting, this is one of the most dangerous types of distracted driving. In fact, in 2017, 9% of all fatal crashes in the United States were caused by distracted driving.

Some common examples of distracted driving include:

  • Talking on a cell phone
  • Texting
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

Some of these activities may seem harmless, but even taking your eyes off the road for just a few seconds can have deadly consequences. That is why it is so important to always keep your attention on the road when you are driving.

How Do I Know If a Driver Was Distracted?

After a car accident, it can be difficult to know exactly what happened. In some cases, the police may be able to determine what caused the accident, but in many cases, it is up to you and your attorney to prove liability. Proving that a driver was distracted can be challenging, but an experienced attorney can help you gather the evidence you need to build a strong case.

Some common types of evidence that can be used to prove that a driver was distracted include:

  • Cell phone records
  • Witness testimony
  • Video surveillance footage
  • Police reports
  • Photos of the accident scene

If you were injured in a car accident, it is important to contact an attorney as soon as possible. An attorney can help you gather the evidence you need to build a strong case before it is lost or destroyed.

What to Do After a Distracted Driving Accident

After a car accident, it is important to act quickly to ensure that you receive the medical treatment you need and to protect your legal rights. In addition to seeking medical attention, there are several other things you can do to help protect your case:

  • Call the police: After a car accident, it is important to call the police and report the accident. The police will come to the scene of the accident and create a police report. This report can be a valuable piece of evidence if you need to prove liability.
  • Get medical attention: Even if you do not think you were injured in the accident, it is important to seek medical attention. Some injuries, such as traumatic brain injuries and soft tissue injuries, can take hours or even days to develop symptoms. A medical professional can conduct a thorough examination and identify any injuries you may have suffered.
  • Collect evidence: If you are able to do so, it is important to gather evidence at the scene of the accident. Take photos of the accident scene, damage to the vehicles, and your injuries. If there were any witnesses to the accident, be sure to ask for their contact information. This can be incredibly valuable evidence if you need to prove liability.
  • Do not admit fault: After a car accident, you may be in shock and may not be thinking clearly. You may be tempted to apologize to the other driver or say that you were partially at fault for the accident, even if you were not. It is important to avoid doing this, as it can be used against you later if you need to file a lawsuit.
  • Do not speak to the insurance company: After a car accident, the other driver’s insurance company will likely contact you and ask you to provide a statement. It is important to avoid doing this, as the insurance company may try to use your statement against you. Instead, refer them to your attorney.

Who Is Liable for a Distracted Driving Accident?

If you were injured in a distracted driving accident, you may be wondering who is liable for your injuries. In most cases, the driver who caused the accident will be held liable, but there are some cases in which other parties may also be held liable for your injuries. An experienced attorney can help you determine who is liable for your injuries and can help you file a lawsuit against the responsible parties.

The Driver

Most of the time, the driver who caused the accident will be held liable for your injuries. To prove that a driver was liable for the accident, you will need to show that the driver was negligent.

In order to prove negligence, you will need to show the following elements:

  • The driver owed you a duty of care
  • The driver breached the duty of care
  • The driver’s breach of the duty of care caused the accident
  • You suffered damages as a result of the accident

All drivers owe other drivers on the road a duty of care to operate their vehicles safely and to follow the rules of the road. If a driver is driving while distracted, they are breaching this duty of care and can be held liable for any injuries that occur as a result of their actions.

The Driver’s Employer

In some cases, the driver’s employer may also be held liable for your injuries. Under a legal doctrine known as vicarious liability, employers can be held liable for the actions of their employees in some cases. In order for the employer to be held liable, the accident must have occurred while the employee was performing job-related duties. If the employee was running errands for their employer or was on their way to or from a client meeting, the employer may be held liable for your injuries.

The Manufacturer of the Vehicle

In some cases, the manufacturer of the vehicle may also be held liable for your injuries. If a defective part caused the accident, the manufacturer of the vehicle or part may be held liable for your injuries. For example, if the airbags in your vehicle failed to deploy in the accident, the manufacturer of the airbags may be held liable for your injuries.

What Kind of Compensation Can I Recover?

If you were injured in a car accident, you may be entitled to compensation. There are two primary types of damages you can recover in a car accident lawsuit: economic damages and non-economic damages.

Some common types of economic damages include:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Property damage

Some common types of non-economic damages include:

  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life
  • Disfigurement

In some cases, you may also be entitled to recover punitive damages. Punitive damages are not meant to compensate you for your injuries, but rather to punish the responsible party and to deter others from engaging in similar behavior. In order to recover punitive damages, you will need to show that the responsible party acted with gross negligence, malice, or intent to cause harm.

In some cases, you may be able to recover compensation from multiple parties. For example, if the driver’s employer was also partially at fault for the accident, you may be able to recover compensation from both the driver and the employer.

How Long Do I Have to File a Distracted Driving Accident Lawsuit in Georgia?

If you were injured in a distracted driving accident, it is important to contact an attorney as soon as possible. In the state of Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. If you do not file your lawsuit within this time frame, you will be unable to recover compensation for your injuries. However, there are some exceptions to this rule, so it is important to contact an attorney as soon as possible.

Why Do I Need a Lawyer for a Distracted Driving Accident?

If you were injured in a distracted driving accident, you may be hesitant to contact an attorney. You may think that you do not need an attorney, or that you cannot afford one. However, an attorney can help you in many ways, and most personal injury attorneys work on a contingency fee basis, so you will not owe any upfront legal fees.

Some of the ways an attorney can help you with your distracted driving accident case include:

  • Investigating the accident to gather evidence
  • Determining who is liable for your injuries
  • Helping you file a lawsuit against the responsible parties
  • Estimating the value of your claim
  • Negotiating with the insurance company on your behalf
  • Representing you in court, if necessary

An attorney can help you navigate the complex legal process and can help you recover the compensation you deserve. In fact, a study conducted by the Insurance Research Council found that accident victims who hired an attorney received, on average, 3.5 times more compensation than those who did not.

Call Our Atlanta Distracted Driving Accident Attorney Today

If you were injured in a distracted driving accident, we can help you fight for the compensation you deserve. At Huggins Injury Law, our Atlanta distracted driving accident lawyer has a proven track record of success and will fight aggressively for you every step of the way. We will conduct a thorough investigation into the accident and gather the evidence you need to prove liability. We will then negotiate aggressively with the insurance company on your behalf to help you recover the compensation you deserve. If the insurance company refuses to make a fair settlement offer, we will not hesitate to take your case to court.

Call us today at (470) 900-4090 or contact us online to schedule a consultation with our Atlanta distracted driving accident attorney.

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  • How Long Will It Take to Settle My Atlanta Brain Injury Claim?

    Every injury case is different. Some cases are simple and flow smoothly, such as when the defendant’s insurance company accepts liability, the victim finishes medical treatment quickly, and the parties can negotiate the value of the claim with little resistance on either side. These claims can wrap up within a couple of short weeks of finishing your medical treatment.

    Unfortunately, not all cases are quite this easy. In some cases, the defendant’s insurance company denies liability altogether. After all, if their client wasn’t at fault for the accident, they have no obligation to pay anyone for their injuries. In this case, your injury lawyer might have to present expert witnesses (such as an accident reconstructionist) to testify about how exactly the accident occurred.

    The lawyer might need to present complex legal arguments about what the defendant’s duty of care was—and how he or she violated it. Simply establishing liability can be challenging legal work.

    Even if the issue of liability is resolved, the defendant and their insurer will almost always dispute the value of your claim. Some losses are easy to document, such as medical bills, for example, which you can show on detailed and itemized statements. But even this clear evidence can be a target for attacks by the defense. They might say that you got too much treatment or that your providers charged more than is reasonable for the care they rendered.

    The defense might even say that you made your own injuries worse by failing to see a doctor right away or by failing to follow through on your provider’s recommended treatment. An experienced injury lawyer will know how to rebut these arguments with evidence from your own doctors.

    Lost wages are another financial loss with clear documentation but areas for attack. Your employer can easily provide a statement that shows how many hours you missed from work and what your hourly rate is. (If you receive a salary, they can prorate your salary based on a forty-hour workweek.)

    But the defense is likely to claim that you missed more work than was necessary. They might dispute your overtime, bonuses, or commissions. These can be compensable, but they are difficult to prove with certainty because these added wages are discretionary. This means the defense likes to attack these losses.

    Pain and suffering are often the largest part of compensation in a Port Richey brain injury settlement or jury award. It is also the most subjective. It covers intangible losses, such as the physical pain of your injuries and your emotional suffering, that are difficult to prove with a dollar value. Because of this, it is one of the most popular areas for a defense attorney or claims adjuster to attack.

    When a claimant does not have their own attorney, the claims adjuster will often try to tell them that their claim isn’t worth very much. This is legal advice. Never take legal advice from someone who is actively working for the other side. Only your own lawyer can give you a fair assessment of what your claim is worth by comparing it to similar cases in your area involving similar accidents and injuries.

    Unfortunately, all of these areas of dispute mean that some claims take a long time to settle. Your lawyer might have to file a lawsuit to show the insurance company that you are serious about getting fair compensation for your case. Sometimes, this is enough to get a fair settlement offer, and your case can be resolved quickly. Other times, the case must work through the litigation process.

    Your attorney will have to exchange evidence with the other attorney in a process called discovery. The lawyers might have to work with a mediator or arbitrator to try to resolve the case. Your claim can be settled at any point in this process. If, however, your case must go to trial, it can take time to get a trial date, present your case, and get a jury’s verdict.

    The good news is that the vast majority of Atlanta brain injury cases settle outside of court. The bad news is that some brain injury cases involve very complicated medical issues that result in significant amounts of damage. These factors can make your case more likely to go to trial.

  • How Does Financial Recovery Work for Permanent Brain Injuries?

    If your brain injuries are permanent, you will endure financial and physical losses for the rest of your life. You might never return to work. You will have ongoing medical bills from your primary care doctor, medical specialists, and ongoing rehabilitation treatments (such as speech therapy or occupational therapy). You will also endure pain and suffering for the rest of your life.

    But you cannot wait to file a claim until you have actually incurred all of these losses. The statute of limitations on most injury claims is two years in Georgia, and you have to file your claim in court by this time or lose your right to sue forever. Some circumstances can shorten this deadline.

    So, how will your injury lawyer ensure that you receive compensation for these future losses? Brain injury lawyers work with expert witnesses to make accurate estimates of the future costs and losses associated with your injuries. An economist can take the wages you earned before the accident to calculate the wages you would have earned after the accident. They can adjust these numbers for inflation to get the total value of the wages you would have earned between the time of the accident and your expected retirement.

    The economist will also calculate the value of employment benefits, such as an employer’s contributions to your health insurance premiums or retirement accounts. All of these figures allow the economist to make an educated projection about the value of your future lost wages.

    Similarly, a life care planner or medical expert can testify about the projected cost of the medical care you will require for the rest of your life. The defense can counter these estimates with their own experts, but these professionals have experience making defensible estimates that you can prove in court.

  • What Are the Symptoms of a Brain Injury?

    According to the CDC, symptoms of TBIs generally fall into one of four categories:

    Of course, some of these symptoms can indicate a more serious brain injury and should receive treatment right away. The CDC recommends that you see a doctor right away if you experience a headache that gets worse and does not go away, decreased coordination, continued nausea or vomiting, slurred speech, drowsiness, difficulty waking up, mismatched pupil sizes, convulsions, seizures, or any other unusual behavior. Losing consciousness is also a sign that the victim needs immediate medical attention.

    It is wise to seek medical treatment after any head trauma.

    Children can also experience serious brain injuries. You must monitor children even more carefully after an accident because children might not understand and describe their symptoms the way adults do.

    In addition to the symptoms listed above, parents and caregivers should monitor children for changes in behavior. Infants who will not stop crying and are inconsolable might be suffering from a brain injury. Changes in eating patterns, such as refusing to nurse or eat, can also be danger signs.

    It is always best to err on the side of caution when evaluating a child with a potential brain injury. Only a qualified medical professional can determine the extent of your child’s injuries after an accident.

  • What Will You Have to Prove in an Atlanta Brain Injury Claim?

    To prove a brain injury claim, you and your attorney must establish that:

    • The breach caused your injuries and
    • The defendant breached that duty of care (i.e., was negligent);
    • The defendant owed you a duty of care;
    • The value of your tangible and intangible losses (your “damages”).

    There are different methods of proving each element. Different cases will also require different strategies to prove all the elements of a claim.

    For example, the defendant’s insurance company might accept liability and admit that they should pay for your injuries. But they are likely to dispute the value of your injuries and offer you less than is fair in your particular case. An attorney approaches this type of case very differently from one in which the defense denies liability altogether. A good brain injury lawyer knows how to prove all of the required elements in any accident case.

  • Who Is Liable for a Brain Injury in Atlanta?

    The person or company who is legally responsible for causing your injury (“liable”) also has a legal obligation to compensate you for all losses you suffer due to that injury. You need an experienced brain injury lawyer who can find all potential defendants and prove their liability in court if necessary.

    The person who is liable for your injury will depend on the facts of the accident. For example, an auto accident often happens due to a negligent driver. In this case, that negligent driver would have to compensate you for your brain injury.

    But a car crash could also happen due to defective brakes or other malfunctions. In this case, the company that manufactured the defective vehicle could also be liable for brain injuries suffered in the auto accident.

    In other cases, a brain injury can occur at a medical institution that you expect to protect the patient from injury. This could constitute malpractice if the doctor failed to properly diagnose a blood clot that eventually went to the brain and caused a stroke. In such a case, both the negligent doctor and the hospital that hired him might be held liable for the patient’s injuries.

    A brain injury could also occur in transport if the orderlies do not use proper techniques to move the patient or allow a patient to move without assistance when needed. Here, too, the hospital that hires these workers might be liable for their negligence in completing their work.

    There are many, many potential defendants in a brain injury case. If you do not have legal advice from an experienced injury lawyer, you could miss out on the compensation you need and deserve. You could also end up filing a claim against the wrong defendant or even missing the statute of limitations against the proper defendant. This is why it is important to have an experienced lawyer handling your case from the start.

  • How Do Brain Injuries Occur in Atlanta?

    Many accidents can lead to serious brain injuries.

    Some cases our lawyers commonly see involve:

    These are not, of course, the only ways that a brain injury can occur. Ask a qualified injury lawyer about your particular case to determine who is legally responsible for causing your injury.