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Texting and Driving

Home » Texting and Driving

Texting and driving
texting, driving, cell, hands, party, phone, fault, clean, doctrine, dangerous

We all know that it is dangerous to text and drive. Despite this knowledge, many still choose to use their cell phones when behind the wheel. Here is an overview of why texting and driving is a act that you should never perform, no matter how tempting it may be.

Texting Is a Big Distraction

Beyond the extra dexterity required to manipulate your phone while simultaneously driving a vehicle, texting while driving is just a plain old bad idea, and is a major mental distraction. Even if you had three hands, the attention required to read, think, and write text messages while driving is dangerous. Any extra activities while driving can take attention away from the road. And when attention is taken away from the road, accidents become much more likely.

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Georgia’s Law On Texting and Driving

It is with this threat in mind that Georgia enacted a law that if you are caught texting and driving, you can have one point assessed to your license and fines of $150. So not only is texting dangerous, but it can result in harsh penalties to.

The Dangers of Driving While Texting

Beyond the normal penalties, texting and driving can lead to accidents, and Atlanta has its fair share of texting drivers. The Governor’s Office of Highway Safety in Georgia has provided facts concerning the prevalence of cell phone use while driving. Atlanta has been ranked as the sixth least courtesy city in the U.S., and 35 percent of drivers have admitted to talking on their cell phones while driving. In another study, 37 percent of drivers in Georgia admitted to texting while driving.

Even outside the region, the National Safety Council estimates that one in four accidents is caused by the use of a cell phone.

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Fault and Cell Phone Use

Based on the data above, it is not unreasonable to assume that a cell phone use may have been involved when an accident occurs. While this can be extremely unfortunate, the use of a cellphone can help to place fault on one party. When one party is texting, investigators will often take note and place fault on that party due to the distraction. It is important to note that fault will often land on a texting party, even if they are not truly the cause of the accident. This is because many states have laws against this behavior.

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The Clean Hands Doctrine

This law is sometimes referred to as the “clean hands doctrine.” The clean hands doctrine simply means that in order to receive the benefit of some laws, you must not be engaged in an illegal activity at the time. In these cases, texting is breaking a law, and as such will cause fault to be given, even if it is inaccurate. The clean hands doctrine does have its limits however, say when one party runs a red light and hits a stopped car and the driver of the stopped car happened to be using their phone. This is a case where the texting will probably not be a factor, but it is a good rule of thumb to totally avoid texting while behind the wheel.

When You Need Legal Counsel

All that in mind, the other critical thing is to contact the Law Offices of Roger Ghai, P.C. if you have any questions or have had an accident and need help. Remember to contact our law office before contacting your insurance company to ensure that you are properly informed and make sure you get the most from the coverage you have.

Call or text (770) 792-1000 or complete a Free Case Evaluation form

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Sleep deprivation has risen to epidemic levels in the U.S., according to the Centers of Disease Control and Prevention (CDC), with millions of men and women getting less than the recommended seven to

Post-traumatic Stress Disorder Not Uncommon After an Accident

Post-traumatic stress disorder (PTSD) has been in the news a lot in recent years as men and women fighting overseas find they have another battle to fight once they get home. Plagued by memories of

Atlanta Bus Accident Results in DUI Charges

The very real – and very scary – dangers of drunk driving were brought home last week when a bus filled with cheerleaders headed to an Orlando, Fla., competition was rammed head-on by a car being

Distracted Driving: Stay Safe with These Tips

Every day in the U.S., distracted drivers claim the lives of nine people and injure nearly 1,200 more. Even more alarming, at any given time – right now, for instance – nearly 700,000 people are

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      • ABOUT
        • Testimonials
        • Join Us
      • Practice Areas
        • Personal Injury
          • Pedestrian Accident
          • Car Accidents
            • Speeding Accident
            • Drinking and Driving Accidents
            • Left Hand Turn Accident
            • Rear-End Collision
            • Reckless Driving Accident
            • Uber Accidents
            • Hit-and-Run Accidents
            • Texting and Driving Accident
              • Texting and Driving Under 18
          • Truck Accident
            • Lane Usage Accident
            • Traumatic Brain Injury
          • Product Liability
            • Defective Drugs
            • Defective Medical Device
          • Premises Liability
            • Slip and Fall Accidents
          • Wrongful Death
          • Dog Bite
        • Bankruptcy
          • Debt Relief
          • Credit Card Debt
          • Chapter 13 Bankruptcy
          • Chapter 7 Bankruptcy
          • Foreclosure Bankruptcy
          • Free Legal Case Review
          • Medical Bills Bankruptcy
          • Rebuild Your Credit
          • Wage Garnishments
      • Areas We Serve
        • Kennesaw Personal Injury Lawyer
          • Kennesaw Bankruptcy Lawyer
        • Acworth Personal Injury Lawyer
          • Acworth Bankruptcy Lawyer
        • Marietta Personal Injury Lawyer
          • Marietta Bankruptcy Lawyer
        • Smyrna Personal Injury Lawyer
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