Distracted Driving Lawyers in Marietta

Georgia's hands-free law

Under Georgia's hands-free law, O.C.G.A. Section 40-6-241, a driver may not hold or support a phone with any part of their body while driving, and may not text, browse, or watch video behind the wheel. A driver who violates that law and causes a crash has broken a safety rule written to prevent exactly this kind of harm, and that violation is strong evidence of negligence. We use it to establish fault from the outset.

Proving what the driver was doing

Distracted drivers rarely admit what they were doing, so we build the proof from the record. Phone company data can show a call, a text, or data use at the moment of the crash, and the vehicle's own systems, dashcam footage, and witness accounts can fill in the rest. This evidence has to be requested quickly and sometimes preserved by court order, so we move early to secure the phone records and the electronic data before they are gone.

Georgia's two-year deadline and the evidence clock

A distracted driving injury claim in Georgia generally must be filed within two years of the crash under O.C.G.A. Section 9-3-33, but the evidence of distraction runs on a much shorter clock. Phone records are not kept forever, and a driver has no reason to preserve what would prove their fault. Acting early lets us lock down the proof of distraction while it still exists and protects the filing deadline.

The fifty percent rule and shared blame

Georgia applies a modified comparative negligence rule under O.C.G.A. Section 51-12-33, cutting your recovery by your share of the fault and ending it if you are found fifty percent or more to blame. A distracted driver's insurer will often argue you contributed to the crash to reduce the payout. We counter with the phone data and the physical evidence so the fault stays with the driver who was not watching the road.

Serious injuries and the care behind them

Because a distracted driver often never brakes, these crashes hit at full speed and cause severe injuries treated at Wellstar Kennestone Regional Medical Center in Marietta, a Level I trauma center. We document the complete medical picture, including the treatment still ahead, so the claim reflects the true cost of a crash the other driver could have prevented simply by watching the road.

Serving injured victims across Cobb County

We represent people hurt by distracted drivers throughout Marietta and the surrounding region, handling claims across Cobb, Cherokee, Paulding, Bartow, and Fulton counties, and in communities including Smyrna, Kennesaw, Acworth, Powder Springs, Austell, Roswell, and Sandy Springs. Wherever the crash happened in northwest metro Atlanta, we are ready to help.

Talk to a Marietta distracted driving lawyer

If a distracted driver injured you or someone you love, call (844) 876-4357 for a free case review, or reach us through our contact page. No fee is owed to us unless we recover money for you.

Speak with a Marietta distracted driving attorney

A driver who looked at a phone instead of the road can change your life in a second. If a distracted driver hurt you in Cobb County, call us at (844) 876-4357 for a free case review. We work on contingency, so there is no fee unless we recover for you.

Common questions

How can you prove the other driver was on their phone?

We obtain the driver's phone records, which can show a call, text, or data use at the time of the crash, and we combine that with any dashcam footage, the vehicle's electronic data, and witness statements. Because these records are not kept indefinitely, we move quickly, sometimes with a court order, to preserve them before they are lost.

The driver got a ticket for texting. Does that decide my case?

It helps, but it does not automatically decide it. A citation for violating the hands-free law is strong evidence of negligence, and combined with proof that the distraction caused the crash it builds a powerful case. We use the ticket alongside the phone data and the crash evidence to establish both fault and the harm it caused.

What does it cost to hire a Marietta distracted driving lawyer?

Nothing up front. We take distracted driving cases on a contingency fee, so the consultation is free and there is no attorney fee unless we recover money for you.