What You Need to Know about Georgia’s Distracted Driving Law

know Georgia distracted driving law

What You Need to Know about Georgia’s Distracted Driving Law 

Distracted driving as a cause of traffic accidents has been garnering increased attention from media, scholars, and lawmakers over the past few years. The CDC warns that distracted driving is a major cause of accidents, and statistics from the Georgia Department of Transportation show that fatal highway accidents are on the rise as a result of these behaviors. According to the New York Times, talking on the phone while driving is just as dangerous as driving with a blood alcohol level at the legal limit, text-messaging drivers are eight times more likely to be in an accident than other drivers, and overall, drivers distracted in some way are four times more likely to be in an accident. The NYT put together an excellent video that highlights the unfortunate reality that even though drivers understand the risk of these activities, they continue to take part in them while they drive. 

Georgia passed an anti-texting law in 2010, which made it illegal to “write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data” while operating a motor vehicle on a public Georgia roadway. Georgia recently enacted a new law that will place additional restrictions on drivers. In February 2018, the Georgia House of Representatives passed a bill, by a wide margin, which prohibits certain activities associated with distracted driving. In a 55-0 vote, the Georgia Senate passed a version of the law on March 27th, and the Georgia General Assembly approved that same version of the law on March 29th, 2018 and the Governor just recently signed the bill into law.  The law is titled HB 673 and the full text can be found here. 

What the New Law Will Prohibit 

In addition to prohibiting sending or reading a written communication (which is already illegal), the new law will prohibit holding a cell phone while driving, as well as watching or taking a video recording while driving a car. The law also makes it illegal to reach for something if doing so requires no longer being seated in the proper driving position. 

Conduct Permitted by the Law 

There are several actions that lawmakers considered including in the new restrictions, but ultimately decided against doing so. Under the new law, drivers will still be permitted to: 

  • Talk or text on a cell phone using hands-free technology; 
  • Wear a smart watch; 
  • Use a GPS system or mapping app; and 
  • Use a radio to communicate. 

Exemptions 

Drivers are exempt from the law if they are experiencing an emergency, or reporting an emergency. The law permits drivers to use a cell phone while driving to report an accident, medical emergency, fire, crime or hazardous road condition to authorities. The law also does not apply to anyone that is legally parked. 

Police officers, firefighters, emergency medical personnel, ambulance drivers, other first responders, and utility employees or contractors responding to a utility emergency are also exempt from the law. 

Penalties 

Violating this law will also harm a person’s driving record. A first violation will add one point to a person’s driver’s license; a second violation two points; and a third or subsequent violation three points.  Fines are also levied against anyone who is found guilty for violating this law.   

For More Information, Contact Williams Elleby Howard & Easter, Today 

Most of us drive every day. We sometimes take it for granted that we will always get from point A to point B safely. But the truth is that driving is an inherently dangerous activity. We all owe it to ourselves and to everyone else on the road to drive with focus and caution to avoid accidents. But even when we limit our own distracted driving, getting in an accident is still a possibility. 

If you are in an accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia in all types of personal injury claims. We can investigate the facts of your case, help you understand your legal rights and options, and work to get you the compensation you deserve. If you would like more information or if you would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

The Statute of Limitations for Personal Injury Claims in Georgia

statute limitations Georgia personal injury

If you have suffered a personal injury and think you may be able to make a claim against the person or entity responsible, it is imperative that you be aware of the statute of limitations for your claim. The statute of limitations is the time limit that a person has to make a claim. If a claim is not made within this time limit, it will be barred. There is a statute of limitations for virtually every type of claim under both federal and state law in the United States. In Georgia, the statute of limitations for personal injury claims is two years under the Official Code of Georgia Title 9 Section 3 Article 33. 

The statute of limitations for personal injury claims is one reason that victims should consult with a lawyer as soon as possible following personal injury. It takes time to properly investigate a case and prepare a claim. It is always a tragedy when a personal injury victim fails to get compensation they deserve because they filed a claim too late. If you have suffered a personal injury and would like to find out more about your legal rights and options, contact Williams Elleby Howard & Easter, right away so that we can investigate your case by calling 833-LEGALGA. 

The Rationale Behind the Statute of Limitations 

It may seem unfair to prevent an injury victim from getting the compensation they deserve just because they waited too long before bringing their claim. But there are a couple of very good reasons that statutes of limitations exists. The first is that it is unfair to expect people to defend against claims arising out of conduct that occurred in the distant past. Statutes of limitations are intended to prevent lawsuits against people that may not even remember the incident they are being sued for.  Another important rationale for statutes of limitations is that they encourages victims to file lawsuits when evidence is still fresh, which makes the work of sorting out liability much easier on the court system. Statutes of limitations have been around almost as long as the western legal tradition, and were incorporated into the laws in America before the United States was formed. 

Official Code of Georgia Title 9 Section 3 Article 33 

O.C.G.A. § 9-3-33 states, “actions for injuries to the person shall be brought within two years after the right of action accrues.” Generally, an action “accrues” at the moment that a victim knows that they have been injured by the defendant’s conduct. In most personal injury cases, this means that the two-year limitations period begins as soon as the defendant’s negligent conduct causes an accident to occur. 

However, in some cases an action may not accrue until months or even years later. This can happen either because a person does not realize they have been injured right away, or because they do not know that their injury was caused by the defendant. An example to illustrate both of these situations is when a person is harmed by a toxic substance or a defective pharmaceutical drug.  In such a case, the victim may not feel symptoms from the harm they suffered until many days, weeks, or even months later. And, after they feel the symptoms, it would require additional investigation for them to discover the cause of their negative reaction or illness. Their claim will therefore not accrue, and the two-year time limit to file their claim will not begin to run, until they are aware or should be aware of the cause of their harm. 

Statutes of Limitations for Specific Claims 

There are a few types of personal injury claims that are governed by special statutes of limitations. These include: 

  • Wrongful death claims, medical malpractice claims, and product liability claims, which all have a two-year statute of limitations under Georgia law. 
  • Workers’ compensation claims, which have only a one-year statute of limitations. 
  • Claims for property damage, which have a four-year statute of limitations. 

Tolling of the Statute of Limitations 

Under Georgia law, the statute of limitations does not run, or is tolled, in certain cases. The Official Code of Georgia Title 9 Chapter 3 Article 5 establishes several instances in which the time limit to file a claim under a statute of limitations is put on pause.  For instance, if a person is legally incompetent prior to or following an accident, the statute of limitations will be tolled until they regain legal competence, and a claim held by a child is also tolled until the child reaches the age of 18. However, in these cases, a parent or guardian may be able to make the claim on behalf of a child or incompetent person. 

Statute of Repose 

Georgia also has enacted several statutes of repose for certain types of claims. A statute of repose completely bars a claim from being made after a certain number of years. Statutes of repose and statutes of limitations may seem like the same thing, but they actually function very differently. A statute of limitations holds that a person may no longer make a claim because they have waited too long. An otherwise valid claim can be barred by the statute of limitations. A statute of repose does not simply bar a claim from being made. Rather, a statute of repose declares that any existing claim is extinguished, as though it never existed, after the statutory time limit has been reached. 

This difference is significant, because when a statute of limitations has passed, a plaintiff will still have the ability to argue that they should be able to bring their claim, for instance, because the time has been tolled. When a statute of repose has run its course, a plaintiff does not have the right to make any argument that they should still be able to make their claim, because their claim simply does not exist anymore. 

Another key difference is that a statute of limitations begins, as discussed, when a claim accrues. A statute of repose, on the other hand, begins to run as soon as the tortious conduct occurred, regardless of whether the victim was aware of what happened at the time. 

Product liability claims are extinguished by a statute of repose 10 years after a product was sold, and medical malpractice claims are extinguished by a statute of repose 5 years after the incident of malpractice occurred. 

For More Information, Contact Williams Elleby Howard & Easter Today 

If you have been injured in an accident caused by the negligence or wrongful conduct of someone else, contact Williams Elleby Howard & Easter, right away. Based out of in Kennesaw, Georgia, the experienced personal injury legal team at Williams Elleby Howard & Easter, works hard to get justice for injury victims throughout the State of Georgia in both state and federal courts. Schedule a free consultation today by calling 833-LEGALGA.

Personal Injury Lawsuits in Roswell, Georgia 

personal injury lawsuit

The personal injury lawsuit process can be long, complicated, and contentious. It is imperative for personal injury victims to have experienced legal counsel on their side every step of the way. The first thing a personal injury victim should do is consult with their attorney so that they better understand their legal rights and options. If you have suffered a personal injury, the attorneys at Williams Elleby Howard & Easter, can investigate the facts of your case to figure out if bringing a lawsuit makes sense. 

When a personal injury was caused by the wrongful conduct of someone else, bringing a lawsuit is a possible way to gain compensation. However, before a lawsuit can be filed, it is important to gather necessary evidence and prepare what is referred to as a prima facie case against the defendant. This can take time, so it is important to consult with an attorney as soon as possible after suffering an injury. 

In some cases, a party responsible for causing harm will offer a settlement before a lawsuit is filed. In other cases, a party responsible will wait to make a settlement offer until after a lawsuit is filed and the plaintiff has pled the basic facts which create, or could create, legal liability. However, after a lawsuit is filed, a case will almost always settle before trial. A whopping 90 to 95 percent of personal injury cases settle before trial. In a few cases intransigent defendants will contest liability all the way through until the end of a trial. 

Although less than 10 percent of cases actually go to trial, the trial process is extremely important. The likely outcome of a trial dictates what a settlement offer will be. Therefore, a plaintiff that has built an excellent case can demand more because the defendant will not want to risk losing at trial. Building a case for trial requires the collection of extensive evidence. Eyewitness testimony and forensic evidence is needed to prove what happened, experts are sometimes needed to prove causation between the accident and the harm, and medical and vocational evidence is needed to show the extent of damages. 

There are numerous procedural and evidentiary rules that must be followed to collect this evidence and ensure that it is admissible at trial. The personal injury attorneys at Williams Elleby Howard & Easter, LLC, have deep knowledge of Georgia law and understand how to properly prepare a case so that their clients have the best possible negotiating position as a trial approaches. 

Why You Need Experienced Local Counsel on Your Side for a Roswell Car Accident Case 

If you have suffered an injury in Roswell, Georgia, it is a good idea to hire a local personal injury attorney to help you understand your rights and represent your interests. Local attorneys fully understand the law and procedures of the jurisdiction where they practice, and often have connections in the community that can help personal injury victims develop their case. Moreover, a local attorney is generally far more accessible to clients than an attorney from a distant city or another state. 

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and represents clients throughout the Atlanta area and northern Georgia, including in Cobb, Fulton, Dekalb, Gwinnett, Clayton, Bartow, Henry, Fayette, Douglas, Paulding, Rockdale, Forsyth, Cherokee and Pickens counties. If you’ve been injured in a car accident in Roswell, Georgia, Kennesaw based Williams Elleby Howard & Easter, is here to help. 

If You’ve Been in an Accident in Roswell, Georgia, Contact Williams Elleby Howard & Easter, Today 

Suffering a personal injury can take an enormous toll on a person’s life. The legal team at Williams Elleby Howard & Easter, understands how difficult coping with a personal injury can be. The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to maximizing compensation for each of their clients. They provide knowledgeable, accessible, and effective service to personal injury victims in Roswell, Georgia. 

Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency-fee basis. That means that clients don’t pay a dime in attorney fees unless and until their case has settled or prevailed in court. If you or a loved one has suffered a personal injury, the attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options, and work to get you the compensation you deserve. Contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.