Distracted driving is dangerous, and distracted drivers pose a particularly high safety risk to motorcyclists. According to data from the National Highway Traffic Safety Administration (NHTSA), more than 8 in 10 motorcycle collisions result in injuries to the rider.
This raises an important question: How do you prove that the other driver in a crash was distracted? Here, our Georgia motorcycle accident attorney answers the question by providing an overview of the key things to know about proving liability in a distracted driving crash claim.
Background: Georgia is a Fault-Based Motorcycle Accident Liability State
Georgia operates as an “at-fault” state for automobile accidents, including motorcycle crashes. The party—whether a driver, motorcyclist, or vehicle manufacturer—who is found to be at fault or negligent is held financially responsible for the damages resulting from the accident. Recoverable damages can include property damage, medical expenses, lost wages, pain and suffering, and non-economic damages.
Notably, Georgia follows a comparative negligence system (O.C.G.A. § 51-12-33), where each party to a crash is legally responsible for their “share” of the assigned fault. For example, if you were a motorcyclist struck by a distracted driver but were not wearing a helmet, a violation of Georgia law, you may be assigned partial legal responsibility for your own head injury.
Distracted Driving is Negligent Driving in Georgia
Distracted driving is a prime example of negligent behavior behind the wheel. The Centers for Disease Control and Prevention (CDC) emphasizes three main types of distractions:
- Visual Driver Distractions: Taking one’s eyes off the road
- Manual Driver Distractions: Taking one’s hands off the wheel
- Cognitive Driver Distractions: Taking one’s mind off driving
In Georgia, it is illegal to text while driving, and all motorists have a general responsibility to operate their vehicle in a reasonably safe manner.
Proving that a Distracted Driver Caused Your Motorcycle Accident in Georgia
As Georgia is a fault-based motor vehicle accident state, an injured motorcyclist needs to be prepared to prove liability. By establishing that another driver involved in the crash was unlawfully distracted, you can impose liability. When it comes to proving that a distracted driver caused your motorcycle accident, there are several types of evidence that can be used. Here are some common examples:
- The Police Report: If the police were called to the scene, their report may serve as crucial evidence, including officer observations, statements from parties and witnesses, and potentially an initial determination of fault.
- Witness Statements: Eyewitness statements can be instrumental in establishing the other driver’s distraction, noting behaviors such as swerving or not signaling.
- Digital Data (Cell Phone Records): Cell phone records can be subpoenaed to confirm if the other driver was texting or talking on their phone at the time of the accident.
- Video Footage: Surveillance cameras, dashcams, or helmet cams may capture the accident on camera.
Every distracted driving motorcycle accident claim involves its own unique set of facts and circumstances. It is imperative that a serious crash is comprehensively investigated by an experienced Georgia motorcycle accident attorney. Your lawyer will conduct a proactive, detail-driven investigation, focusing on gathering all the necessary documents, records, and evidence needed to prove fault.
Call Our Georgia Motorcycle Accident Lawyer for Immediate Legal Help
At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident lawyers have the professional skills and legal expertise to handle the full range of distracted driving accident claims. Give us a phone call at 1-866-529-2453 or connect with us online to set up your no-cost, completely confidential initial legal consultation. With legal offices in Atlanta and Roswell, our firm fights for the rights and interests of injured victims throughout all of Georgia.