How to Get Compensation for a Rear-Ended Accident When the At-Fault Driver Was Texting

Key Points:

• As a driver, you have a legal duty to pay attention to the road
• If you fail to follow the Georgia laws about using electronic devices like smartphones when you’re driving, there can be big consequences
• Unsafe distractions, including texting, are dangerous to yourself and others.
• Even small rear-end collisions can cause serious injuries
• If you’ve been injured in a texting-related accident, you may be entitled to compensation

The Legal Aftermath: Texting-Related Rear-End Collisions and Family Injuries

Smartphone use continues to escalate all over the world. Sadly, one of the consequences here in Georgia is that entirely too often, a texting driver causes a rear-end collision, injuring innocent, unsuspecting families.

Imagine this: A young mother is driving her sedan with her two small children properly secured in car seats in the back seat. When she stops at a red light somewhere in Union City, she is following all traffic rules. Unfortunately, the driver of an SUV behind her is texting on his phone. The SUV driver is completely unaware of what’s going on ahead of him. When the SUV driver finally does look up, it’s too late. He crashes into the rear of the mother’s vehicle, causing injuries to all three occupants of the sedan.

The physical and emotional toll brought on by such negligence can be devastating. In the article below, we’ll examine a situation in which the SUV driver, distracted by texting, rear-ends a sedan carrying a mother and her two young children – causing injuries to all three occupants of the sedan. We’ll explore the legal duties violated by the SUV driver and the compensation to which the victims may be entitled under Georgia law.

Violation of Georgia’s Hands-Free Law is a Punishable Offense

We want everyone to stay safe on our Georgia roads. That’s why Georgia law, O.C.G.A. 40-6-241, protects us all by strictly prohibiting the use of cell phones or other wireless devices while we’re driving. According to the Georgia Uniform Rules of the Road, it’s not permitted to drive a vehicle on any road or highway in Union City or anywhere else in Georgia while using a wireless device to read, write, or send messages. This includes things like text messages, instant messages, emails, and browsing the internet.

Following this law not only keeps us all safer, but not following this law is considered negligence in Georgia. This could leave you open to severe penalties and even lawsuits.

Following Too Closely is a Dangerous Idea

Here in Georgia, we must all make sure we give other cars plenty of room on the road.  O.C.G.A. 40-6-49(a) prohibits drivers from following another vehicle more closely than is “reasonable and prudent” under the traffic and weather conditions.  And, even though there’s not an exact measurement to follow, it’s important for drivers to be watchful and keep a safe distance between vehicles to prevent accidents. In our scenario, the SUV driver did not keep a safe distance and he certainly was not paying attention, which is what caused a collision.

Drivers Have a Duty to Exercise Ordinary Care

The law in Georgia requires all drivers to be very careful and focused when driving. O.C.G.A. 51-1-2 requires all drivers to exercise the degree of care exercised by “ordinarily prudent persons” under the circumstances.  That means making sure we’re always driving defensively and safely, paying attention, and keeping an eye out for anything that might happen on the road. In our scenario, the SUV driver didn’t follow this rule. By texting while driving, he was distracted from driving safely which means he is in violation of the law.

Avoid Unsafe Distractions While Operating a Vehicle

In Georgia, our laws require drivers to be attentive and avoid any distractions that might make driving unsafe.  O.C.G.A. 40-6-241(b) requires that drivers “not engage in any action which is a distraction” while driving.  Texting while driving is the perfect example of what an illegal distraction is. Texting takes our attention away from the road, and it’s against the law to do this while driving.

Common Injuries Associated with Rear-End Collisions

Victims of rear-end collisions can suffer from a wide variety of injuries. Some of these injuries may be traumatic and have long-term impacts which makes them particularly concerning for small children. Here’s a list of common injuries often seen following such accidents: 

• The violent back and forth, whip-like movement of the victim’s head in a rear-end collision can result in a serious neck injury called whiplash which is caused by the sudden movement, often resulting in pain and stiffness. Children in car seats can also suffer from this.
• Injuries to the back and spine such as herniated discs, spinal cord injuries, and other back issues can occur during the collision. In severe cases, such spinal cord injuries can lead to paralysis.
• Depending upon a number of factors, a rear-end collision can cause traumatic brain injuries, skull fractures, and concussions. These can happen, especially if the head hits a hard surface and could also affect children even when they are properly secured in car seats.
• Depending upon the force and the speed under which the collision occurred, broken bones may also happen..
• The neck and shoulders of the accident victims are particularly vulnerable in a collision as they are not well restrained by the usual safety devices. These injuries can range from sprains to more severe damage to the muscles and ligaments.
• Bruises, sprains, and strains often happen in a collision and can impact muscles, ligaments, and tendons of any victim of a collision.
• Should there be an explosion or a fire, burns can occur.

Please keep in mind that it is essential to seek medical attention for anyone involved in a rear-end collision, especially small children.  Some injuries, even serious ones may not be immediately apparent but can have long-term impacts.

Help and Compensation for Victims of Rear-End Collisions

In Georgia, we understand that dealing with an accident is difficult, especially when it’s caused by someone else’s actions or negligence. That’s why our laws are designed to help folks who’ve been injured. In our example, the mother can seek compensation for her and her children to support them during this challenging time. This support is meant to cover medical expenses as well as other costs that can come from such an accident.

Assistance with Medical Expenses

If anyone in the family needs medical care after the accident, the mother and her children can receive help with these costs through filing a claim with the at-fault driver’s insurance. (The mother’s claim should also provide for the impacts her children suffered, so it’s important to include their medical costs as part of their mother’s claim.)

Recognizing the Pain and Emotional Impact

In addition to being compensated for medical treatment, all three victims in our scenario can also receive compensation for their physical pain and the emotional impact they suffered because of the accident. For this portion of the insurance claim, the children’s request for compensation for pain and suffering are separate from the medical expenses claimed by their mother.

Lost Wages and Earning Capacity

If the mother was required to miss work as the result of her injuries or in order to care for her injured children, she is entitled to recover those lost wages. This claim should also include work-time lost as the result of follow-up appointments or physical therapy for herself or her children.  Additionally, if any of the victims suffer long-term impairment that affects their future earning capacity, they may recover damages for those projected losses.

Property Damage

The mother is able to claim compensation for damage to her vehicle. Under Georgia law, this includes not just repair costs but also potential diminished value of the vehicle even after repairs are complete, including a lesser resale value because the vehicle was in an accident.

Emotional Distress

Georgia law expressly recognizes a parent’s additional cause of action for emotional distress from witnessing injury to her child. This type of claim is known as a claim for negligent infliction of emotional distress (NIED). This could be appropriate in situations “where the parent sustains direct physical impact and physical injury in the same incident that resulted in the child’s death” While this reference specifically mentions death, the spirit of the law can potentially apply also to serious injuries as well, particularly if the mother witnessed her children being harmed while she herself was injured and was unable to help.

Potential for Punitive Damages

In Georgia, punitive damages could be awarded in some cases to punish a defendant for extremely bad behavior and to prevent others from acting similarly in the future. Georgia typically limits punitive damages to $250,000, with some exceptions.

If you are able to prove that a driver frequently engages in dangerous activities, like texting while driving, it might help establish a pattern of negligence. This could allow for punitive damages. Although using a cell phone responsibly while driving is legal in Georgia, texting instead of talking might open the door to punitive damages.

Insurance Coverage and Minimum Limits

In order to ensure that your insurance claim for damages is full and fair, it’s important first to understand the insurance requirements in Georgia.

By law, Georgia drivers are required to carry the minimum liability insurance required by Georgia.  Under O.C.G.A. 33-34-3 those required totals are:  $25,000 for the death or injury of one person, $50,000 for the death or injury of more than one person, and $25,000 for property damages.

What if The Other Driver is Not Properly Insured?

Some people simply don’t bother to carry insurance. If  the SUV driver in our scenario is not insured, or his  insurance is insufficient to cover all damages, the mother may be able to persue a claim under her own policy’s uninsured/underinsured motorist coverage if it is available.

If the mother in our situation has medical payments coverage (med pay) in her insurance policy, it may provide additional compensation for medical expenses regardless of who is at fault.

Help is Available

If a driver decides to text while he or she is driving, that decision may result in a rear-end collision. When a family is injured as a result of the driver’s negligence , Georgia law gives victims the ability to seek compensation in other ways. The texting driver in our scenario has failed to fulfill multiple legal duties, including the Georgia statute prohibiting the use of electronic devices while driving. He or she has also violated their fundamental duty to drive with reasonable care and is subject to legal consequences.

The mother and her children are entitled to compensation for their injuries. Understanding these legal principles will help families like this one who are seeking full and fair compensation after such a traumatic event.

If you or your family members have been injured in a texting-related collision, we urge  you to consult with an experienced personal injury attorney prior to filing a claim so that you can better understand the process and the pitfalls.