Monroe, GA Texting While Driving Accidents
Texting and driving is illegal in Georgia, codified in OCGA 40-6-241.2. It is many times referred to as the "hands free law."
With virtually everyone having a cell phone and the rise of text based communication, the rise of texting and driving led to Georgia passing the hands free law in 2018.
If you drive around Monroe, Georgia or Loganville, Georgia, you may notice people still texting and driving despite it being illegal.
If you were in a car accident in Monroe, Georgia or Loganville, Georgia and suspect the at-fault driver was texting and driving, you will need to send the at-fault driver what is called a preservation letter.
A preservation letter is a letter meant to put someone on notice to preserve evidence in a legal matter. You will need to put the at-fault driver on notice that they are to preserve the cell phone that was in their possession on the date of the accident and to not delete any messages or data from the phone for the day of the accident.
If the case goes into a lawsuit, you will have authority under Georgia law to request the at-fault driver's cell phone records and will likely be able download the cell phone data from the date of the accident. Downloading cell phone data will require an expert in this field.
If the records or data download show the driver was texting and driving at the time of the accident, you will have a much stronger case, as the at-fault driver consciously chose not to follow Georgia law.
Contact Benton & Benton
If you were involved in a car accident due to someone else texting and driving in Georgia, please call us at 770-365-6414 for a free case evaluation.