Atlanta Distracted Driving Accident Lawyers

Distracted driving remains a significant cause of serious crashes throughout Atlanta. When a driver takes their attention off the road to use their phone, turn on the radio, or drink their coffee, the results can be severe. A dedicated Atlanta distracted driving accident lawyer evaluates the circumstances of the collision and reviews the available evidence. They also help injured parties understand their options under Georgia law.

The Epidemic of Distracted Driving in Georgia

Distracted driving is one of the most significant roadway hazards in Georgia. The issue extends well beyond texting. Drivers are frequently distracted by eating meals, adjusting navigation systems, grooming, or interacting with children or pets in the vehicle.

According to a  2024 survey published by the Georgia Governor's Office of Highway Safety, 14.7% of all drivers exhibited "some form of visible distraction while operating a motor vehicle." In the Atlanta Metropolitan Statistical Area, that percentage rises to 16.2%. The  World Health Organization (WHO) states, "Drivers using mobile phones are approximately 4 times more likely to be involved in a crash than drivers not using a mobile phone."

Thousands of crashes each year involve some form of driver distraction, with mobile-device use remaining a leading contributor.

The severity of these collisions can be substantial. Victims often face traumatic brain injuries, spinal injuries, broken bones, and long-term mobility limitations. In fatal cases, families may file wrongful death claims when negligence results in a preventable loss. Because distracted driving incidents are so common, Kermani LLP analyzes each case with a focus on proving the specific behavior that caused the collision and tracing its connection to the resulting injuries.

How We Prove the Other Driver Was Distracted

Proving distraction requires a methodical review of both physical and digital evidence. Attorneys often obtain cell phone record evidence to determine whether a driver was texting, calling, or using apps at the time of the crash. Police reports may include statements or observations suggesting inattentive behavior, while witness accounts can confirm whether a driver appeared to be looking down or interacting with a device.

Additional evidence may include dash-cam footage, surveillance video from nearby businesses, vehicle event data recorders, and accident-scene photographs. In some cases, reconstruction experts analyze skid marks, impact angles, and reaction times to determine whether distraction likely played a role. This structured approach helps establish a clear link between the driver’s conduct and the victim’s injuries, which is essential for a successful claim.

Georgia’s “Hands-Free” Law and your injury claim

The Hands Free Georgia law (O.C.G.A. § 40-6-241) prohibits drivers from holding a phone or physically supporting a device with any part of the body. The statute also restricts texting, browsing, and video recording while driving. A violation of this law can help towards proving driver negligence in an injury case, particularly when the distraction directly contributed to the collision.

Georgia follows a modified comparative negligence system. Under this rule, an injured party may recover damages as long as they are less than 50% at fault. The final award is reduced by the individual’s percentage of fault. This makes accurate analysis critical; even small disputes about distraction or reaction time can influence the calculation of damages.

Filing a Distracted Driving Accidents Lawsuit in Atlanta

Victims of distracted driving accidents often pursue compensation through insurance claims or formal lawsuits in Fulton County or surrounding jurisdictions. A distracted driving accidents lawsuit Atlanta plaintiffs file typically seeks damages for medical bills, lost wages, property damage, and long-term effects such as pain and suffering.

Georgia’s statute of limitations generally provides two years for personal injury cases. Filing outside this window may bar recovery entirely. For serious injuries such as traumatic brain injury or complex fractures, early legal action helps preserve evidence and ensures compliance with procedural deadlines. Kermani LLP evaluates each case individually, ensuring that claims are filed within the required timeframe and supported by strong documentation.

Types of Distracted Driving Cases We Handle

Distracted driving can involve a wide range of unsafe behaviors. Common case types include:

• Texting while driving
• Using handheld phones in violation of Georgia’s Hands-Free Law
• Eating or drinking behind the wheel
• Applying makeup or grooming
• Distracted navigation or GPS programming
• Reaching for personal items
• Interacting with passengers or pets

Each scenario presents unique evidentiary challenges. Thorough documentation helps establish how the distraction occurred and why it contributed to the crash.

Can You Recover Punitive Damages?

Punitive damages may be available when the conduct at issue demonstrates willful disregard for safety. Under Georgia law, punitive damages are intended to punish egregious behavior rather than compensate for losses. Repeated texting while driving, knowingly violating the Hands-Free Law, or engaging in highly dangerous distractions may support a punitive damages claim if the evidence meets the legal threshold.

These damages are not available in every case. Courts typically require clear and convincing evidence that the driver acted with conscious indifference to the consequences. Attorneys evaluate the severity of the distraction, prior driving history, and any relevant witness statements to determine whether pursuing punitive damages is appropriate.

Why Choose Kermani LLP for Your Distracted Driving Case

Distracted driving cases require extensive evidence review, knowledge of Georgia traffic laws, and a detailed understanding of negligence standards. Kermani LLP builds cases around comprehensive factual analysis, including phone records, expert evaluations, and accident reconstruction. The firm’s team examines medical reports, calculates lost wages, reviews long-term treatment needs, and documents pain and suffering to present a complete damages assessment.

Kermani LLP also maintains significant experience handling cases involving catastrophic injuries, wrongful death, and long-term disability arising from distracted driving. Each claim is approached with precision and adherence to Georgia’s legal standards, ensuring that victims receive clear guidance and informed representation throughout the process.