Driving is a fact of life in Cumming. Being injured in a car crash shouldn’t be. If you’ve been hit by another vehicle, you might be owed compensation by the driver who caused your accident. There’s no excuse for not paying attention to the road, which is why the state of Georgia allows you to seek fair compensation from at-fault parties.

Did a distracted driver injure you in a car accident? If so, Jonathan R. Brockman, P.C. can help you pursue the financial compensation you need to cover your expenses. Getting hurt in a car crash can impact every area of your life. You don’t just suffer from physical trauma. You suffer emotionally and financially too.

At Jonathan R. Brockman, P.C., we have a dedicated legal team that will fight hard for your rights and seek the just compensation you deserve. We’ll work efficiently on your case to reach a settlement or judgment in your favor. Our Cumming distracted driving accident lawyers are ready to speak with you to explain your legal options. Call us today at 770-205-8827 to schedule a free consultation.

The Dangers of Distracted Driving

When most people think of distracted driving, they think of texting. Many drivers send and receive text messages while they operate their vehicles. The practice is dangerous and can lead to severe accidents. That’s why many city and state governments have made the practice illegal.

Unfortunately, texting isn’t the only form of driver distraction that causes injuries. According to the Centers for Disease Control and Prevention, distracted driving constitutes performing any task that takes the driver’s attention away from driving.

Manual distractions take the driver’s one or both hands off the steering wheel. When that happens, they’re unable to control their car. If an emergency arises, they’ll have less time to maneuver their vehicle because their hand is touching or holding something else.

Common manual distractions include:

Grooming
Eating or drinking
Picking up a phone to answer or make a call
Sending or typing an email, text, or another electronic message
Changing the radio
Reaching for a purse, jacket, or another item in the vehicle

Visual Distractions can be anything that takes the driver’s eyes off the road ahead. If they’re looking at something else, they won’t be able to notice if the car in front of them suddenly stops or someone merges into their lane.

Common examples of this type of distraction include:

Looking in the mirror
Looking at a GPS or map
Watching a video on an electronic device
Reading a text or email on a phone
Turning to look at a passenger during a conversation

Cognitive distractions take drivers’ focus and attention off the task of driving. Maybe they’re daydreaming or worried about a presentation at work. Whatever they’re thinking about, it prevents them from processing what’s going on around them. Cognitive distractions can include manual and visual distractions simultaneously.

Examples include:

Caring for children
Redirecting focus from driving to a conversation with a passenger or over the phone
Road rage

The Dos and Don’ts of Car Accidents

When you get into a car accident, you may be in shock and not know what to do next. Following the steps below will help protect your rights so that you can collect fair compensation from the distracted driver.

Step 1: Call 911 to report the crash. Don’t leave the scene before emergency responders show up. They’ll perform an investigation and create a report. Their findings will be published in a traffic crash report, which you can request from the Georgia Department of Transportation.
Step 2: If your injuries aren’t too severe, take pictures of the crash site. Photographic evidence of road debris, skid marks, and vehicle damage can strengthen your case.
Step 3: Talk to people who saw the accident happen. Write down their names and phone numbers so you can contact them later if necessary. They could provide a statement for the insurance company or testimony at trial.
Step 4: Get auto insurance information from the other drivers involved in the crash. You’ll use this information to file a claim with their insurance company.
Step 5: Go to the doctor for an evaluation of your injuries. Go immediately after leaving the scene of the accident, if possible. Don’t wait days or weeks before your first appointment. An insurance company is more likely to deny claims when the claimant has a gap in treatment.
Step 6: Collect documentation associated with the car accident. That includes copies of your medical records, prescriptions for medication, billing statements, letters from the insurance company, and anything relevant to your case. If you don’t know how to get something, ask your attorney.
Step 7: Hire a Cumming distracted driving accident lawyer to assist you with filing an insurance claim.
Taking these steps could improve your chance of recovering the maximum insurance settlement available. On the other hand, there are some things you should avoid doing so that the insurance company doesn’t deny your claim or provide a low settlement offer.

There are several things you should not do following a car accident, including:

Don’t admit any degree of fault for the accident. If it’s determined that you share some blame for what happened to you, your compensation could be reduced by your percentage of shared fault. This is known as the modified comparative negligence rule.
Don’t provide the at-fault driver’s insurance company a recorded statement. You might say something that negatively affects your chance of a full settlement. Your own insurance company might request one too. You can always consult with a lawyer before you do so. Let your legal representation take care of as much insurance communication as possible.
Don’t sign anything the insurance company sends you. Your Cumming distracted driving accident lawyer will review all documents to determine if you need to fill them out and return them. Most of the time, the forms you receive are authorizations meant to uncover preexisting medical conditions or other details to prevent you from collecting an insurance payment.
Don’t ignore your doctor’s orders for the treatment of your injuries. If they refer you to a specialty provider or for imaging tests, you should listen to them. Insurance companies deny claims when the claimant doesn’t follow the necessary treatment plans to recover. They may determine that your injuries aren’t that serious or don’t exist at all.

Georgia Fault Laws and How They Can Affect Compensation

Under the state’s fault system, victims of car accidents in Georgia can turn to the at-fault driver’s auto insurance for compensation. This rule automatically holds the driver financially responsible for the injuries and damage they cause. You can recover payment from their liability insurance company.

All drivers must carry auto insurance with minimum liability coverage for bodily injury and property damage. The maximum settlement you’re entitled to will depend on the coverage that’s listed on their policy. When you file a claim, you can demand compensation for your total damages.

Damages are losses associated with an accident or injury. They fall under two main categories: economic and non-economic. Economic damages are expenses, while non-economic damages are the physical and emotional trauma an injured victim experiences.

Bodily Injury can cover the following economic and non-economic damages:

Medical expenses
Lost wages
Lost earning capacity
Out of pocket costs
Pain and suffering

Pain and suffering include a range of factors, such as:

Physical pain
Emotional distress
Loss of quality of life
Psychological injury, such as PTSD

Property Damage an cover the following economic damages:

Cost of car repairs or replacement
Damage to personal property, such as a cell phone or another item damaged in the crash
Rental vehicle expenses

Factors Contributing to the Value of a Car Accident Case

When the insurance company reviews the damages you incurred, they’ll use a formula to determine a fair settlement amount. In most situations, they’ll use what’s known as a multiplier to calculate an appropriate number. The multiplier is usually between 1.5 and 5 used to multiply the injured victim’s total medical expenses.

Common factors that could increase or decrease the multiplier and affect the final settlement amount include:

Type of injury and its severity
Duration of medically necessary treatment
If the injury led to a permanent disability
Time missed from work
Total economic damages incurred
Availability of evidence proving the other driver was at fault
Length of the recovery period
Emotional or psychological harm due to the accident
Impact of the injury on daily routine, relationships, and quality of life
Liability coverage listed on the at-fault driver’s insurance policy

Why Choose Jonathan R. Brockman, P.C.

Our Cumming car accident lawyers at Jonathan R. Brockman, P.C. understand the state laws and procedures we must follow to get our clients the maximum compensation available.

When you hire us, we’ll work efficiently to resolve your case so that you can move forward with your life. We want to help you recover financially and get back on your feet.

We take distracted driving accident cases on contingency. That means you won’t have to pay us upfront for legal representation. We don’t collect any fees or costs unless we win the case. If we don’t win, you won’t owe us anything.

We also offer free consultations for prospective clients. If you were in a car crash and need legal advice, we’ll be happy to meet with you. We’ll review the details of your situation and advise you of your legal options moving forward.

If you sustained injuries in an accident caused by a distracted driver, call us today at 770-205-8827 to speak with an experienced, compassionate distracted driving accident attorney.