Gwinnett County Links Pedestrian Death Crash to Texting
As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage and texting. In fact, I wrote about this fast developing problem back in a July 2009 blog.
Now, Gwinnet County officials are exploring further charges against an Atlanta-area resident, Lori Reineke, who was invloved in a car accident on Sugarloaf Parkway which killed pedestrian James Eaton III. After an exhaustive investigation, the woman has been charged with vehicular manslaughter.
All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally "negligent" and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a dirver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.
While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia Driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim's attorney uses the facts and the law to show that the unlawful behavior showed a "conscious disregard" or a "conscious indifference" to the welfare of others. In today's society, this law Firm has little doubt that this can be effectively proven!
As experienced injury lawyers, we at Robert J. Fleming, P.C. have had great successes helping seriously injured clients value their automobile accident cases. If you or a family member has been seriously injured and would like help in valuing your case, please contact us for a confidential and thorough case evaluation.
