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A driver who causes a crash because they weren’t paying attention may be held financially responsible for the harm they cause. You have the right to seek full compensation for your losses. Take decisive action now with a qualified Savannah distracted driving accident lawyer.

You don’t have to accept the financial burdens imposed by a negligent driver. The law provides a path to hold them accountable. Contact Jamie Casino Injury Attorneys at (912) 355-1500 to find out how we can help.

Why Choose Jamie Casino Injury Attorneys for Your Distracted Driving Case

You need a firm that not only has a deep familiarity with Georgia’s traffic and personal injury laws but also understands the Savannah community. We build every case with the precision and dedication required to achieve a positive outcome.

Rooted in the Savannah Community

Our connection to Savannah runs deep. We are not just lawyers who work here; we are members of this community. We understand how a serious collision on Abercorn Street or Victory Drive can impact your daily life, from commuting to work to enjoying a weekend in Forsyth Park. 

Our knowledge of this city allows us to shape case strategies that resonate with the realities of life in Chatham County.

Our Team Refines the Details Others Overlook

A successful distracted driving claim is built on details. We conduct meticulous investigations to uncover every piece of evidence that helps us build a stronger case for you.

We refine the raw facts of your accident—the initial police report, witness statements, and medical records—to present a clear and compelling picture of the other driver’s negligence and the full extent of your damages. Nothing is left to chance.

Strategy for Maximum Compensation

Insurance companies often try to minimize the value of claims. We anticipate these tactics and build a strong case to withstand their challenges. We hammer out weaknesses in the opposition’s arguments and shape a legal strategy to secure the full compensation you need. 

We prepare every case as if it is going to trial, a preparation that positions our clients for strength in any negotiation. Your recovery is our priority. Let our firm begin the process of building your case. Call Jamie Casino Injury Attorneys at (912) 355-1500 for a free consultation.

The Financial Impact of a Distracted Driver’s Negligence

An accident causes more than just physical injuries; it creates significant financial strain. The costs associated with a collision can accumulate quickly and leave you and your family in a difficult position. 

A personal injury claim aims to recover these losses, allowing you to focus on your recovery without the added stress of financial instability.

Recovering Your Economic Losses

Economic damages are the tangible, calculable expenses resulting from the accident. These are the bills and financial losses you can document with receipts, invoices, and pay stubs. 

Common examples of economic damages include:

  • Medical Treatment: You may recover all costs associated with your medical care, from emergency room visits and hospital stays to surgical procedures and prescription medications.
  • Future Medical Needs: Compensation includes the projected cost of any ongoing medical care you require, such as physical therapy, rehabilitation, or long-term treatments.
  • Lost Wages: You may reclaim all income you lost from being unable to work during your recovery period.
  • Diminished Earning Capacity: Your claim may include compensation if your injuries permanently reduce your ability to earn the same income you did before the accident.
  • Property Damage: You may seek compensation for the full cost of repairing or replacing your vehicle and any other personal property damaged in the crash.

Accounting for Non-Economic Damages

Non-economic damages address the intangible, personal losses you have suffered. While these losses don’t come with a price tag, they’re a very real and significant part of the harm caused by a distracted driver. 

Georgia law allows accident victims to seek compensation for these profound impacts on their quality of life:

  • Pain and Suffering: This compensation accounts for the physical pain and discomfort you have experienced due to the injuries from the crash.
  • Emotional Distress: This part of the claim addresses the anxiety, fear, depression, and other psychological trauma resulting from the accident.
  • Loss of Consortium: Your spouse may have a claim for the loss of companionship and intimacy that resulted from your injuries.
  • Loss of Enjoyment of Life: You may receive compensation for your reduced ability to participate in hobbies, activities, and daily pleasures you previously valued.

Georgia’s Distracted Driving Laws and Your Claim

Georgia’s Hands-Free Act broadly prohibits drivers from holding or supporting a phone or electronic device with any part of their body while driving. A violation of this law can be used as powerful evidence of negligence in your personal injury claim.

When a driver is cited for a hands-free violation in connection with an accident, it simplifies the process of establishing fault. Even without a ticket, a skilled attorney can use evidence to show that the driver’s actions violated the statute, thereby strengthening your case. 

We work to temper the other side’s defenses by using the law as a tool to fortify your claim. Your Savannah distracted driving accident lawyer can explain how these laws apply to the specifics of your accident.

Activities that can lead to a distracted driving claim include:

  • Visual Distractions: Anything that causes a driver to take their eyes off the road, such as looking at a GPS device, watching a video, or turning to look at a passenger, counts as negligence.
  • Manual Distractions: Actions that require a driver to take their hands off the steering wheel, like texting, eating, drinking, or reaching for an object inside the car, increase their chances of causing a wreck.
  • Cognitive Distractions: Mental diversions, such as being lost in thought, experiencing road rage, or feeling fatigued, shift a driver’s attention away from the act of driving.

How a Savannah Distracted Driving Accident Lawyer Proves Fault

One of the central challenges in these cases is proving the other driver was distracted during the crash. A successful claim often depends on the ability of your legal team to gather and present compelling evidence of the other driver’s negligence.

Uncovering Electronic Evidence

Cell phone use is the most common form of driver distraction. Obtaining the at-fault driver’s cell phone records can be a pivotal moment in your case. These records can show whether the driver was texting, making a call, or using data at the exact moment of the collision. 

Jamie Casino Injury Attorneys can subpoena these records, transforming suspicion into hard evidence.

Leveraging Witness Testimony and Expert Analysis

What other people witnessed can be compelling testimony. We seek out and interview anyone who witnessed the accident or the other driver’s behavior just before the crash. Sometimes, witnesses can confirm they saw the driver looking down at their phone or engaging in other distracting behaviors like eating.

In more complex cases, we may work with accident reconstructionists to analyze the physical evidence and provide expert testimony on how the collision occurred.

Analyzing the Police Report and Accident Scene

The police report is often the starting point for an investigation. It contains the responding officer’s initial observations, notes on vehicle positions, and any statements made at the scene. 

We analyze this report and combine it with our own investigation, which may include reviewing photos and videos from the scene, looking for surveillance footage from nearby businesses, or examining the vehicle damage to build a comprehensive view of the event.

How Insurance Companies Evaluate Distracted Driving Claims

Insurers evaluate claims based on the evidence provided and the perceived strength of the case. They have a financial interest in minimizing the amount they pay out, so they scrutinize every aspect of a claim.

Questioning the Severity of Injuries

Insurers may challenge the extent and severity of your injuries. They often look for gaps in medical treatment or inconsistencies in your medical records to argue that your injuries are not as serious as you claim. 

Following your doctor’s treatment plan and maintaining consistent medical care is one way to counter this approach.

Contesting the Role of Distraction

Unless there is definitive proof like a police citation or an admission of fault, the insurer may dispute that distraction was the cause of the accident. They may try to argue that you shared some of the fault for the collision or that another factor led to the crash. 

Offering Quick, Low Settlements

It’s common for insurance adjusters to offer a quick settlement soon after an accident. These initial offers are almost always far less than the full value of the claim. 

Insurance companies make them and hope that you’ll accept the offer before you have a chance to consult with an attorney and understand the true value of your losses.

Defending Your Distracted Driving Claim

A proactive approach helps you manage your interactions with the insurance company. Here are some steps you can take to protect your claim:

  • Report the Accident: Notify your own insurance company about the accident promptly, but stick to the basic facts.
  • Decline Recorded Statements: You’re not required to provide a recorded statement to the other driver’s insurance company. It’s best to decline until you have spoken with a Savannah distracted driving accident lawyer.
  • Document Everything: Keep a detailed file of all your accident-related documents, including medical bills, repair estimates, and records of missed work.
  • Consult a Lawyer: Once you retain legal representation, you can direct all communication from the insurance company to your lawyer. They offer protection from insurers and guidance and experience throughout the claims process.

FAQ for Savannah Distracted Driving Accident Lawyer

What Evidence Is Most Effective in a Distracted Driving Claim?

The most effective evidence often includes the at-fault driver’s cell phone records, eyewitness testimony, and video footage from dashcams or surveillance cameras. A police report that cites a hands-free violation is also extremely strong evidence.

Do I Still Have a Case if the Other Driver Was Not Cited for Texting?

Many distracted driving accidents occur without a citation being issued. Your attorney can launch an independent investigation to gather the evidence to prove that the other driver was negligent. 

This can involve obtaining phone records, securing video footage, finding witnesses, and using accident reconstruction experts to show that the driver’s inattention caused the crash.

What Is the Deadline for Filing a Car Accident Lawsuit in Georgia?

In Georgia, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If you don’t file a lawsuit within this time frame, you lose your right to pursue compensation in court. 

There are very few exceptions to this rule, so it is better to act quickly. Contact a Savannah distracted driving accident attorney immediately after your wreck.

How Can a Savannah Distracted Driving Accident Lawyer Help if the Insurer Denies My Claim?

If an insurance company denies your claim, your attorney can challenge the denial by presenting the evidence gathered during their investigation. A skilled Savannah distracted driving accident lawyer can draft a demand letter that systematically refutes the insurer’s reasoning. 

If a fair settlement cannot be reached through negotiation, your attorney can file a lawsuit and prepare to argue your case in court.

What Damages Can I Claim in a Texting and Driving Accident in Georgia?

You can claim compensation for both economic and non-economic damages. Economic damages cover measurable financial losses like medical bills, lost income, and vehicle repair costs. 

Non-economic damages compensate you for intangible harms such as pain and suffering, emotional distress, and loss of enjoyment of life.

Seek Justice With Jamie Casino Injury Attorneys

The injustice of being harmed by someone else’s carelessness is a heavy weight. Our purpose is to lift that burden by gathering the scattered evidence and forging it into a powerful tool for your recovery. 

Let Jamie Casino Injury Attorneys take the pressure off of you, so you can focus on healing. Contact us today at (912) 355-1500 for a free, no-obligation consultation.

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  • UNWAVERING COMMITMENT

    When it comes to fighting for your recovery, we refuse to settle for anything less than the full and fair compensation you deserve.

  • FEARLESS ADVOCACY

    Our aggressive legal team is not afraid to go to trial to speak for victims of injury who cannot speak for themselves.

  • INSURANCE INDUSTRY INSIGHT

    Our attorneys understand how insurance companies operate and know how to prevent them from minimizing your injuries.

  • PROVEN RESULTS

    Our firm has a long track record of successful verdicts & settlements for the seriously injured, including many in excess of policy limits.