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Atlanta Employment Law Attorney / Blog / Distracted Driving Accident / How Distracted Driving Affects a Motorist’s Capabilities

How Distracted Driving Affects a Motorist’s Capabilities


Distracted driving is a specific type of inattention that occurs when motorists direct their focus on some non-driving activity and away from operating the vehicle. You can guess that this risky conduct increases the chances of a car accident, and statistics from the National Highway Traffic Safety Administration (NHTSA) are proof. Every year, more than 3,500 people are killed and another 362,400 victims are injured in traffic collisions involving distracted drivers.

Texting while driving takes most of the blame, but other forms of distracted driving include adjusting the radio, using a GPS, digging through a bag, and eating. These activities share common features, which combine to create a treacherous, risky situation on the road. If you were hurt or lost a lost one, it is important to speak to an Atlanta distracted driving accident lawyer right away. Some information about how distracted driving affects a driver’s capabilities is also useful.

Three Areas Impacted by Distractions: There are basic, essential capabilities a person needs to operate a vehicle, and distracted driving may affect one or more of them. 

  1. When you take your eyes away from the road and your vehicle, you are visually prevented from detecting a threat on the road.
  2. Manual activities remove your hands from the wheel, where both should be positioned unless performing a driving-related function.
  3. Any activity that causes your thoughts to drift to non-driving topics can be dangerous because of the cognitive distraction.

Your Rights as a Victim: Distracted driving accidents fall under the same laws as other traffic collisions, so the basis for liability is negligence. You must prove that the at-fault driver caused the crash through a breach of the duty to drive safely. In the case of a distracted driving accident, the breach of duty would be the distracting activity – texting, eating, etc.

The legal process is also the same as other vehicle collisions, so you will seek compensation by filing an insurance claim. If the insurer will not settle for a fair amount, you go to court.

 Compensation for Distracted Driving Crashes: The point of monetary damages is to put you in the same position you would be if the accident never happened. Your losses will be physical, emotional, and financial, so you may recover for:

  • Medical bills for ER care, hospitalization, surgery, treatment from specialists, and other care;
  • Lost income for the time you were unable to work because of your injuries;
  • Out-of-pocket costs for pain medications and medical equipment;
  • Pain and suffering;
  • Emotional distress; and,
  • Other losses that affect your quality of life.

Discuss Options with a Georgia Distracted Driving Accident Attorney

Your losses could be significant after being injured in a distracted driving crash, so it is critical to get legal help with your remedies. The Forsythe Law Firm, LLC will ensure you receive fair compensation, whether we are negotiating settlement or fighting for you in court. For additional details about your rights, please call 404-476-2717 or go online to set up a free case review at our offices in Atlanta, GA.



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