If, maybe, you are driving to Kennesaw to see the Southern Museum of Civil War and Locomotive History, we here at the Roger Ghai Law Offices wish you safe travels on our roads and the roads of Cobb County. However, we know that auto accident, car wrecks and vehicle collisions occur even if it is not your fault. If you are in a car wreck through no fault of your own, please call us. We know Georgia law. We are also on the cutting edge of technology and know how to use it to assist you in recovering FULL compensation to pay for medical bills, damage to your car, pain and suffering, lost salary and/or wages, etc. As with nearly everything, technology is changing the way automobile accidents are litigated. Here is a quick rundown.
Car Accidents in Kennesaw: Accidents Facts and Legal Principles
Here in the Peach State, there are more than 350,000 car accidents every year with more than 1,400 deaths resulting. See here.
Some of the most common causes of accidents are:
- Reckless driving including speeding, swerving in and out of lanes, quick turns and other dangerous driving;
- Distracted driving including using a cellphone, texting, inputting information in a GPS device and similar device-use distractions; and
- Driving while impaired with alcohol and/or drugs (including over-the-counter and/or prescription drugs).
Automobile accidents are governed by the Georgia law of negligence. In other words, to prove your case, you must prove that the other driver was negligent and to prove negligence after an auto accident in Kennesaw, you must prove the standard four elements: duty, breach, causation and damage. Duty is often straightforward since every driver in Kennesaw is under the duty to exercise “ordinary care” for the safety of their passengers and other using the roads of Cobb County. Often, the difficult part is proving the second element: breach of duty.
This is where technology has irretrievably changed auto accident litigation. Cellphone, GPS devices and event data recorders are now providing precise information about car wrecks which is removing the uncertainty and doubt created by witness testimony.
Car Accidents in Kennesaw: Cellphones Prove Texting and/or Calls
At least for a limited period of time, cellphones store all information about calls and text messages. Moreover, your service provider stores the same information for many months and sometimes many years. As such, skilled and experienced automobile accident attorneys can seek such information during litigation. The cellphone data can provide the precise time at which a text or call was sent or received.
As noted above, texting while driving is one example of breaching the duty of “ordinary care.” Texting while driving is illegal. That alone makes texting while driving a breach of a driver’s duty to take “ordinary care.” But texting is also proof that the driver was not paying attention. Not paying attention is a breach of one’s duty to take “ordinary care” while driving.
Under the Georgia rules of procedure and of evidence, cellphone data and information can be sought and used at trial. If the cellphone data shows that — just before the collision — the reckless driver of the other vehicle was texting, the jury is more likely to hold the driver negligent and liable for the wreck.
Car Accidents in Kennesaw: Cellphones Can Prove Location
Cellphones can also be used to prove location. As most people know, to function, a cellphone must be connected to a cell tower. Each cell tower has a transmission and receiving range. As your phone moves, it leaves and enters the range of the various cell towers. As such, a generalized “map” can be traced of a cellphone’s “journey.” Via triangulation and other methods, the location of the cellphone can be PRECISELY mapped.
Depending on the facts of your particular case, the cellphone location information can be crucial to proving the driver’s breach of duty. If the allegation is, for example, that the other driver was drunk, then cellphone data showing that the driver had just left the SuBourbon Bar & Social Club on Summers Street might help prove that the driver had been drinking.
Car Accidents in Kennesaw: Cellphones Have Cameras
In a similar way, the video and photos taken by a cellphone can be recovered during litigation. Thus — continuing our example — maybe the driver took several photos and selfies while drinking at SuBourbon just before the wreck. Those photos are very likely admissible in court as some evidence showing that the driver had been drinking.
Car Accidents in Kennesaw: GPS Devices
If you have been injured in a vehicle collision in Kennesaw, it is likely that one or more car had a device providing global positioning system (“GPS”) navigation. Data from a GPS device can also be recovered and used at trial. Like data from a cellphone, the GPS data might show that the driver causing the accident
- Had just left a bar/tavern — possible evidence of impairment;
- Had been driving 12 hours without a break — possible evidence of drowsy driving;
- Was at the scene of an accident but then left the scene — criminal behavior;
- Was traveling in the wrong direction — violation of traffic laws; and
Depending on your case, any of these facts might help prove to the jury that the driver was reckless and careless and that he/she should be held liable for your injuries.
Car Accidents in Kennesaw: Event Data Recorders
In addition to cellphones and GPS devices, most new cars are now equipped with event data recorders. See USA Today article here. The recorders track and record various data about your car’s operation including:
- Throttle position
- Deployment of airbags including when
- Brake application — when and how many times
- Restraints worn
- Engine speed
- Steering angles
Like data from cellphones and GPS devices, the event recorder data can be recovered and used at trial. The event data recorder information might show — very precisely — that the driver causing the accident
- Was driving too fast;
- Was quickly and repeatedly changing lanes;
- Was following too close;
- Had taken dangerous turns;
- Had failed stopped at traffic control signs/devices; and
Again, depending on your case, any of these facts might help prove to the jury that the driver was reckless and careless — breached his/her duty of care — and that he/she should be held liable for your injuries
Kennesaw Car Accidents: Contact the Roger Ghai Law Offices
As can be seen, technology and data recovery are essential to automobile accident litigation. Such data can show that an accident was caused by careless and wrongful driving. If you have been injured in a wreck — or if a loved one has been injured — contact the skilled and experienced Kennesaw auto accident attorneys at the Roger Ghai Law Offices. We have the litigation and trial experience to recover the data to prove your case. The Roger Ghia Law Offices provides legal services for the residents of Cobb County including the communities of Kennesaw, Acworth, Marietta and the surrounding areas. Click here today to schedule your consultation.