Georgia Automobile Accident Attorneys

Cell Phones, Texting and other Distractions

Numerous studies have shown that texting or using a cell phone while driving can be even more dangerous than driving drunk. In fact, many automobile wrecks occur, and thousands of people are injured or killed each year, because drivers divert their attention from the road to operate a mobile device.

In response to this danger, the U.S. Department of Transportation enacted DOT 14-10 on January 26, 2010, which prohibits truck and bus drivers from sending text messages while driving. This federal measure is effective immediately and applies to drivers of interstate buses and trucks weighing more than 10,000 pounds. Violators may be subject to civil and/or criminal penalties of up to $2,750. For more information concerning efforts by the U.S. DOT to combat driving distractions, go to www.distraction.gov.

Georgia law requires drivers to exercise due care in operating motor vehicles on the highways of this state and prohibits them from engaging in “…any actions which shall distract such driver from the safe operation of such vehicle.” OCGA § 40-6-241.

Fortunately, clients in Atlanta and throughout Georgia have also taken specific action to protect the public from drivers who insist on texting and talking, especially young drivers, by enacting OCGA § 40-6-241.1 which provides that “no person who has an instruction permit or a Class D license and is under 18 years of age shall operate a motor vehicle on any public road or highway of this state while engaging in a wireless communication using a wireless telecommunications device.”

OCGA § 40-6-241.2 prohibits even adult drivers from operating “a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.

As technology advances and cars become equipped with interactive features like GPS, navigation and satellite radio, the risk of accidents and serious injuries will undoubtedly increase.

If you have been injured in a car accident as a result of a driver who was texting, talking on a cell phone or otherwise distracted, you should contact one of the accident lawyers at Burnside Law Firm LLP for a free initial consultation – 706-432-8320. We have years of experience handling automobile accident cases and will fight hard to recover the compensation you need and deserve.

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