Car Collisions

As arguably the first personal injury attorney to achieve a punitive damage award from a jury in Georgia for cell phone use while driving, I was interviewed for a front page article in the Atlanta Journal Constitution over six years ago regarding my thoughts pertaining to a cell phone ban ordinance. At the time of that article, I opined that the ordinance was a good idea in theory. However, in practice, the ordinance was almost impossible to enforce.

Fast forward to the present. The State of Georgia enacted a law that went into effect on July 1, 2010 that was designed to curb motorists who text and drive. Recently, the Atlanta Journal Constitution wrote a story pertaining to this law and its impact on motorists.

The results are not good. The Georgia State Patrol issued 105 citations since the law went into effect. Cobb County Police only issued 25 citations and surprise, wait for it, Fulton County Police have written zero citations. A violation carries a $150 fine and one point on the motorist’s driver’s license.

One similarity between the cell phone ordinance and the texting ordinance is the lack of enforcement. As I mentioned in my previous interview with the AJC, the only real opportunity that law enforcement has to issue a citation is either from personally witnessing the criminal behavior or the admission of the motorist. Self-interest usually stops the motorist from confessing to a $150 fine, a point on the license and a trip to the courthouse. And being in the right place at exactly the right time usually prevents police from being a first hand witness to a texting. In support, the recent AJC article references a citation issued as the result of a motorist being caught by an officer at a red light while texting.

I believe that a majority of rear end collisions today in the Greater Atlanta area are due to inattentiveness of the motorist caused by physically dialing a phone number on a mobile phone or texting while driving. The question becomes how do you prove it at trial? I handle numerous bodily injury claims resulting from car crashes in Fulton, DeKalb, Cobb, Gwinnett, Clayton and Henry counties. If the claim results in a lawsuit, I am entitled to propound certain questions and document requests to the offending motorist regarding cell phone and/or texting use at the time of the car collision. The motorist must generally verify that his or her answers to my questions or production of documents to my requests are true. As an additional matter, I will subpoena a certified copy of the motorist’s cell phone records to see if the driver was using the mobile phone device at the exact time of the crash. If the records indicate that the driver was using the mobile device at or very close to the time of the collision (as usually referenced in the first page of the accident report by the investigating officer), then the motorist has some explaining to do to the jury and the judge.
Continue Reading

A DeKalb County State Court Jury (Case No. 99A60090-2) awarded punitive damages to the victims of a car accident caused by a motorist who was distracted by talking on the cell phone. Both victims were in their 20s and treated for muscle injuries with a chiropractor. Defendant admitted he was at fault for the collision and the trial went forward on the issue of causation and damages. The defendant motorist admitted to me that he ignored the stop sign as he was speaking on the cell phone at the time of the crash. On this basis, I requested that Judge Antonio DelCampo let the jury decide if Defendant should be punished for his conduct by the award of punitive damages (damages meant to punish). The judge agreed.

The jury deliberated for 1.5 hours and came back with a verdict for pain and suffering, medical bills and punitive damages. At the time of the jury award in 2002, this was the only known case in Georgia where a jury had awarded punitive damages against a motorist who was using a cell phone at the time of the car wreck. Obviously, this was a newsworthy decision and the jury decided to protect their local community in DeKalb County, Georgia by publicizing this verdict as a warning to other motorists.

Five years later, I was interviewed by the Atlanta Journal Constitution for a front page news article pertaining to a new DeKalb County law prohibiting improper use of a cell phone that contributed to an auto collision. My take on the law at that time was that it was a good idea in theory but difficult to enforce in reality. Although a DeKalb County Officer could write a traffic citation for a motorist’s use of a cell phone which contributed to an auto collision; generally, a motorist is not going to admit he or she was using a cell phone at the time of the wreck. So unless the police officer actually witnessed the motorist on the cell phone at the time of the wreck (highly unlikely), I think it would be difficult for the officer to write a ticket that holds up in court.

Nowadays, I see folks, both young and old, texting or speaking on the phone at all hours of the day on the roadways in Georgia. This trend is both disturbing and dangerous. Some experts have likened this conduct akin to drunk drivers in terms of the lack of attentiveness and lessened reaction time that driving on the roads clearly deserves. Part of the solution involves educating all drivers of the dangers of speaking or texting on the mobile phone while operating a vehicle. Of course, the support of the cell phone manufacturers and service providers would certainly help.
Continue Reading

Articles Posted in Car Collisions

New Georgia Cell Phone Texting Ban Has Mixed Results

Cell Phone Motorist Hit With Punitive Damage Award for car accident in DeKalb County