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Georgia County District Attorney Holds that Distracted Driving Is Not Reckless

Distracted driving accidents killed 3,092 people in 2010 according to the U.S. Department of Transportation. It is estimated that an additional 416,000 people were injured in automobile crashes involving a distracted driver.

Consulting a Clayton County attorney after an auto accident involving a distracted driver enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident involving a distracted driver in Clayton County you should discuss your case with an auto accident attorney at the Law Offices of Shane Smith.

The Official Code of Georgia Annotated (O.C.G.A.) section 40-6-241.2 holds that drivers are prohibited from texting while driving.

Gwinnett County District Attorney Danny Porter reduced a woman's vehicular homicide charges from a first-degree felony to a second-degree misdemeanor after she struck and killed a pedestrian while texting in 2009. The woman's attorneys cited mitigating factors in the accident, including that it was dark and rainy on the night of the accident. Additionally, the driver had a green light and the pedestrian was jaywalking. It was undisputed that the driver was exchanging text messages when the accident occurred.

The DA found that there was no evidence of impairment from drugs and alcohol. The driver also was not speeding, was not driving too fast for the conditions, and did not run a red light. The only violation by the driver was that she was texting while driving. The accident occurred just days before the Georgia state law went into effect prohibiting texting and driving. However, the DA stated that the new law itself likely would not have escalated the crime to a felony by making it reckless driving.

If you or someone you know has been hurt by a distracted driver, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith.


Shane Smith
Advocate for the Seriously Injured in Georgia