Comparative Negligence Reduces Your Compensation
Georgia follows comparative negligence rule, meaning if you were partially at fault, your compensation could be reduced by that percentage. If you’re more than 50% at fault, you get nothing. Even a small distraction on your part could give the other driver’s insurance company exactly what they need to minimize (or deny) your claim.
Insurance Companies Will Use It Against You
Insurance adjusters aren’t looking to hand out fair settlements. They’re looking for ways to pay you as little as possible. If they find out you were texting, adjusting your GPS, or eating when the accident happened, they’ll argue that you contributed to the crash. This means lower settlement offers, drawn-out negotiations, and, in some cases, no settlement at all.
Credibility Matters in Court
Juries don’t look kindly on distracted drivers. Even if you weren’t primarily at fault, evidence that you were distracted can make you seem reckless in the eyes of a judge or jury. That can mean lower damages or a tougher legal battle to prove you deserve full compensation.
How to Protect Yourself and Your Case
The best way to avoid these legal hurdles? Don’t give insurance companies or opposing lawyers anything to use against you.
- Commit to distraction-free driving. Set your GPS before you start. Put your phone on Do Not Disturb. Skip the fast food in the car. The less distracted you are, the safer you’ll be—and the stronger your case if an accident happens.
- Use technology to your advantage. Hands-free features, voice commands, and apps that block notifications while driving can all help keep your focus where it belongs.
- Let your passengers help. If you’re driving with others, let someone else handle navigation, music, or messages. The fewer distractions, the better.
- Call a lawyer immediately after a crash. If you’re in an accident (especially if there’s even a chance distraction played a role) contact an attorney as soon as possible. The right legal team can help protect your rights, preserve evidence, and fight back against insurance company tactics.
Speak Up and Stay Accountable
Distracted driving is a problem that won’t go away unless drivers commit to change. That means holding yourself (and others) accountable.
- Say something. If you’re a passenger and the driver is distracted, speak up. A moment of discomfort is worth preventing a crash.
- Encourage safer habits. Remind family and friends to put their phones away while driving.
- Take the pledge. Publicly commit to distraction-free driving on social media. You never know who might see it and think twice before picking up their phone behind the wheel.
If you’ve been injured in a car accident, whether due to your own distractions or another driver’s negligence, you need legal representation that won’t back down. Insurance companies will do everything they can to reduce your payout, but you don’t have to fight them alone. Call Robin Frazer Clark, P.C. at (404) 873-3700 today. Because justice isn’t automatic. It’s fought for. And we’re ready to fight for you.