Dangers of Distracted Driving

A female wearing a green shirt, sitting in a car, behind a steering wheel, holding both the steering wheel and her coffee in her left hand while looking into the sun visor mirror, putting on mascara.

Taking your eyes off the road for even just a few seconds can easily result in injuries or death. In fact, the AAA Foundation reports that even taking your eyes off the road for as little as two seconds will double your risk of being involved in a crash.

Distracted driving involves any activity that takes your attention from the road, whether it is another passenger, adjusting the stereo, or texting. The National Highway Traffic Safety Administration (NHTSA) reports that one in every ten fatal accidents in the United States involves a distracted driver. That means that more than 3,000 deaths are caused by distracted driving each year. Distracted driving is also likely responsible for roughly 18 percent of all accidents that result in injuries.

Examples of Distracted Driving

With the increase in technology, distracted driving seems to be an even more serious issue today. The AAA report regarding traffic safety culture indicated that 85 percent of respondents thought that distracted drivers are a much larger problem today than they were only three years ago.

Distracted driving comes in many forms. Examples include:

  • Reading
  • Running navigational systems
  • Watching videos
  • Engaging on social media
  • Adjusting the radio
  • Grooming
  • Eating and drinking
  • Using a cell phone or smartphone
  • Texting

Many other types of distractions could affect your driving ability as well.

Types of Distracted Driving

Texting and engaging in social media is particularly egregious because it involves manual, visual, and cognitive distraction.

  • Manual distraction: You should have both hands on the wheel to maintain control of the vehicle. When your hands leave the wheel for any reason, you are engaging in manual distraction. Think of the huge number of activities that you engage in while you are driving that could be considered manual distraction because your hands leave the wheel.
  • Visual distraction: Your eyes should be on the road or scanning for threats or obstacles around you. When your eyes avert to children, electronics, or anything else, you are engaging in visual distraction.
  • Cognitive distraction: This type of distraction is the hardest to recognize. Anytime your mind wanders to matters other than driving, you are engaging in cognitive distraction. Talking to others or otherwise being preoccupied are both forms of distracted driving.

Distracted Driving and Younger Drivers

Younger drivers are more likely to engage in distracted driving. Ten percent of drivers between the ages of 15 and 19 that were involved in fatal crashes were distracted at the time of the accident. This is the largest age group for those who were distracted at the time of an accident. Drivers between the ages of 16 and 24 also manipulate cell phone and other electronic devices at higher rates compared to older drivers.

Cell phones may quadruple the crash risk for every driver. Safety is a real concern for every driver because of cell phone use, especially because one in 20 drivers is using a cell phone at any given time while on the road. Even hands-free phones are not risk-free because they also cause a cognitive distraction.

Distracted driving can result in serious injuries. If you or a loved one has been affected by a distracted driver, you may have legal options. Call car accident attorney, Joel Williams at 833 – LEGALGA for more information.

Proving Fault in an Auto Accident

The foreground shows a blue car hitting the back of a black car with a woman and a man standing in the background holding their phones.

Traffic accidents can raise complex issues of fact and law, particularly when determining which party is responsible. Georgia is an “at-fault state,” meaning the party at-fault in an auto accident is on the hook to pay for the expenses of the other party. In some cases, determining fault is easy, and the at fault party won’t even contest it.  However, most car wrecks require an in depth investigation of the facts to determine who is at fault.

The Standard of Care

All drivers on the road have a duty to act with reasonable care towards each other. When a driver breaches this duty, they are said to be negligent. When a negligent driver causes an accident, they are at-fault and owe the other party compensation.

Here are the main factors courts will look to when determining fault:

Whether Rules of the Road Were Broken

One of the most common ways that courts determine which party was at fault in an accident is by looking to see if any traffic laws, or “rules of the road,” were violated. Georgia’s rules of the road, which are a part of the Georgia Code, can be found here. When a violation of these rules caused or was a substantial factor in causing an accident, there is a presumption that the driver in violation was at fault. This is referred to as negligence per se.

However, even when a driver is found to be negligent per se, they still have an opportunity to refute the presumption of negligence and show that the accident was not their fault. Also, it is important to note that a violation of a traffic rule that was not actually a cause of the accident would not be relevant to the issue of fault.

The Type of Accident

For certain types of accidents, fault is predictable. A rear-end collision is almost always the fault of the driver of the vehicle who was coming from behind, because it usually means they were following too close or not paying attention. In accidents where a car is turning left and hits another car head-on, it is almost always the fault of the car turning left because they should have seen the oncoming traffic.

Courts will naturally pay attention to these patterns. But, there are many significant exceptions to these generalities. For instance, if a driver applies the brakes abruptly, cuts another car off, goes well below the speed limit, or was driving without functioning brake lights, they may be the one at fault when they get rear-ended. Similarly, if a left-turning driver is hit by a speeder or a person running a red light, the accident likely isn’t their fault.

What the Police Report Says

A police report can be powerful evidence of fault in a subsequent lawsuit. If you are ever in an accident that was not your fault, you should try to get one. Whether a police report will be available will depend on the severity of the accident, as well as where the accident occurred. Some cities, towns, and rural areas may not have the resources to create police reports for every accident; however, in most instances it will be possible to get one. For instance, Atlanta works to make car-accident police reports available to all those who request one.

If You Have Been in an Auto Accident, Williams Elleby Howard & Easter Can Help

If you have been involved in an auto accident, it is crucial to consult with a qualified attorney to understand your rights. Attorney Joel Williams has experience with these types of cases. He can investigate the facts of your case, explain your rights, and help you get a fair outcome. If you would like more information about this issue or would like to discuss your case, please call us at 833-LEGALGA to schedule your free consultation.

5 Common Injuries After a Motorcycle Accident

A wrecked motorcycle laid in the road with a silver car in the background.

5 Common Injuries After a Motorcycle Accident

On a motorcycle, there is little protection between you and the road. Although that is often the appeal of riding a motorcycle, it can also result in very serious injuries after an accident. Wearing protective gear can help prevent or decrease the severity of the five most common motorcycle accident injuries in Georgia.

1. Road Rash

Road rash occurs when you slide across the pavement in an accident. Road rash can be brutal. It is similar to a rug burn, but it can actually cut through padding, clothing, and even your skin to expose tissue and bone. Road rash requires special treatment, and the development of infections is relatively common. Surface nerve damage, scarring, and permanent tissue damage can also result.

2. Head Injuries

In Georgia, bikers are required to wear helmets for good reason. Head injuries are one of the most common injuries sustained in a motorcycle accident. Head trauma can result in long-term health issues, including brain bruising, swelling, and bleeding. Head injuries can also be fatal. A helmet can help prevent objects from piercing the skull and distribute force so that a direct impact is not as dangerous. Keep in mind that the Georgia helmet law applies to passengers, too, and all helmets must comply with certain safety standards.

3. Neck Injuries

Neck injuries are just as common as head injuries, and they, too, can be fatal. The Centers for Disease Control and Prevention (CDC) reported that head or neck injuries comprise 22 percent of all motorcycle crash injuries. A neck injury can paralyze or kill a motorcyclist instantly. Minor injuries can result in bruising and swelling that can make it difficult to breathe. Concerns regarding the neck are one of the reasons that helmets often cover the face and part of the neck.

4. Injuries to the Legs and Feet

The CDC reported that 30 percent of all non-fatal motorcycle accidents involve some injury to the legs and feet. Shattered or broken bones are not uncommon because of the fall from the bike. Injury can also result when the motorcycle lands on top of the driver. Injury to the pelvis is a relatively common lower-extremity injury following a motorcycle accident. Severe damage to the pelvis could force a biker to use crutches or a cane for the rest of his or her life, so it’s important to wear long pants and appropriate shoes when riding a motorcycle.

5. Biker’s Arm

When a biker begins to lose control of his motorcycle and fall sideways, his first instinct is usually to reach out to steady himself. This is a natural human reaction. Unfortunately, the force of the fall often means doing this causes more harm than good, including broken wrists, arms, and elbows and long-term nerve damage.

Motorcycle accidents often result in serious or life-threatening injuries. If you or a loved one was involved in an accident, call a motorcycle wreck attorney at Williams Elleby Howard & Easter today at 833 – LEGALGA for a free consultation.

Can A Pedestrian Be At Fault For A Car Accident?

A crosswalk sign with a signal of a person walking.

You may have heard the common saying, “Pedestrians always have the right-of-way.” It’s probably because of this saying that many Georgia drivers believe pedestrians can never be at fault in a car accident, but that’s not always true. Although most pedestrian-related car accidents are caused by negligence on the part of the motorist, there are circumstances where pedestrians can be at fault for accidents.

Fault In Georgia

The most crucial element for knowing if you can recover any damages for your car accident is fault. Georgia is an at-fault state, meaning you can collect compensation for the percentage of damages for which you were not responsible. However, if you are 50 percent or more responsible for the accident, you cannot claim any damages. As an example, if a driver was in an accident with a pedestrian and the pedestrian was 60 percent at-fault, the driver could collect 60 percent of the damages. If the accident was caused 50 percent by the pedestrian and 50 percent by the driver, neither party could sue for damages.

When A Pedestrian Could Be At Fault

Usually pedestrian accidents are caused by driver inattentiveness and negligent behaviors, such as using a cell phone, eating, speeding, or aggressive driving. While they won’t be able to cause as much damage as a car, a pedestrian could be considered negligent and at fault for an accident if they can be proven to have acted without reasonable care for their own safety. The following could be considered negligent behavior on the part of a pedestrian:

● Walking or running into traffic
● Not using designated crosswalks/jaywalking
● Failing to pay attention while using cell phone, playing music, etc.
● Crossing during a “don’t walk” signal

Pedestrians are also more likely to be involved in accidents if they are intoxicated. According to the National Highway Traffic Administration, 34 percent of pedestrian crash victims had blood alcohol levels of 0.08 g/dL or more.

What To Do If You Are In A Pedestrian Crash

If you are driving and are in an accident with a pedestrian it is very important that you take the proper steps in the aftermath. Regardless of whether you believe the accident was the fault of the pedestrian or your own, stop the car and check for injuries. Make sure to provide aid to the pedestrian if necessary. Gather any evidence, through photographs, and exchange information with all parties involved in the accident. Report the accident and cooperate with appropriate law enforcement. You should report the accident to your insurance company. Because hitting a pedestrian can be punishable both civilly and criminally, it is important to speak to an attorney about your options.

Contact An Attorney For Help With Your Car Accident

Vehicle-pedestrian accidents can lead to devastating injuries, regardless of who was at fault in the accident. If you’ve been involved in a pedestrian crash in Cobb County, either as a driver or as a pedestrian, it’s important to speak to an attorney regarding your rights. Contact Williams Elleby Howard & Easter to speak to an experienced car accident attorney who can help you with your case in Marietta, Cobb County, Atlanta, and anywhere in Georgia. 833-LEGALGA