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Are you a teen driver who was recently in an accident because you were distracted, or are you the parent of someone who was? If so, distracted driving could affect your ability to secure compensation for the harm you suffered as a result. Here’s what you need to know about the subject, including why teen drivers are at a greater risk of being in an accident, what the numbers say, and how Georgia law affects personal injury cases involving distracted driving.
Teen Drivers, Distractions, and Car Accidents
Teen drivers are at a higher risk of being in an accident due to factors such as their inexperience and age. Studies have found that young drivers both overestimate their driving abilities and underestimate road dangers. As such, they are more likely to engage in risk-taking behaviors and less likely to know how to respond to sudden hazards in the roadway. These factors are why teen drivers account for 9.1% of the total drivers involved in accidents each year despite making up just 3.6% of the total number of licensed drivers in the U.S., according to the National Safety Council (NSC).
The CDC has found that distracted driving is one of the leading causes of such accidents. They cite a 2019 survey which found that nearly four in ten teen drivers admitted to sending a text or email while driving. Besides smartphones, distraction can come from sources like the following:
- Talking to friends in the vehicle
- Adjusting the radio
- Typing addresses into GPS devices
- Daydreaming
These behaviors make a driver less aware of their surroundings and less likely to respond in time to a sudden hazard, increasing their risk of being in an accident.
Distraction Does Not Bar Drivers from Recovering Compensation
Drivers who aren’t paying sufficient attention to the road are more likely to make critical errors. A driver who doesn’t brake for stopped traffic in time, accidentally runs a traffic signal, or otherwise fails to drive safely is at least partially at fault for a subsequent collision. However, this driver might not be the only person to blame for a given accident, as other drivers might also have been behaving carelessly. In such cases, Georgia state law potentially allows a distracted teen driver to recover compensation from other at-fault parties.
Specifically, section 51-12-33 of the Georgia Code holds that injured parties found to be less than 50 percent to blame for an accident can still recover damages at trial. In other words, if a distracted teen driver is less to blame for the accident than are other involved parties, they could still be entitled to compensation for losses like:
- Medical care
- Vehicle damage
- Lost income
- Pain and suffering
How a Lawyer Can Help
An experienced car accident lawyer is a critical ally in the aftermath of a distracted driving accident. They can:
- Recover evidence showing that the other driver was more to blame for the accident
- File insurance claims against that driver and negotiate for a fair out-of-court settlement
- Fight back against attempts to blame the teen driver for the accident
- Prepare for trial and take the case to court if the insurer won’t make a fair offer
Insurance companies will do everything they can to shift blame onto a claimant in order to avoid paying them fairly. An injured teen driver can protect themselves from these tactics by seeking legal help of their own immediately.
Get Help from Joshua E. Palmer Law
Have you or your teenage child been in an accident involving distracted driving? If so, you could be entitled to compensation from the at-fault party, but getting it could prove challenging. Fortunately, you don’t have to pursue it on your own, because Joshua E. Palmer Law is standing by to help. Contact us today for a free consultation with a teen distracted driving accident lawyer in Macon, and let’s discuss your options together.
