see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$250,000 $250k for Man Who Suffered Neck Injury in Motor Vehicle Accident
For Man Who Suffered Neck Injury in Motor Vehicle Accident
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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
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$360,000 $360k for Man Injured in a Motorcycle Accident
Man Injured in a Motorcycle Accident
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$1,000,000 $1.0 Million for Client With Significant Leg Injury
Client With Significant Leg Injury
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$497,000 $497k Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Texting While Driving Accidents
Texting requires visual and cognitive attention, as well as physical attention. A driver who texts while driving at 55 mph may travel the distance of a football field while performing an act that is equivalent to driving blindfolded. A driver's ability to react to changing road conditions may result in braking too slowly to avoid an accident. For example, if a driver is unexpectedly cut off by another driver while texting and driving, he may rear-end the other driver.
It is illegal to hold a cell phone in your hand while driving in Georgia. While voice-to-text is allowed, drivers are not allowed to write, read, or send text messages or social media posts even if they have hands-free technology. Under O.C.G.A. 40-6-241.2, nobody who is 18 or older or who has a class C license is permitted to drive on any highway or public road of Georgia while using a wireless telecommunications device to read, write, or send any text-based communication. The law does not apply to reporting a traffic accident or another emergency circumstance.
If you were injured by a driver who was texting, you may be able to recover damages through a personal injury lawsuit. Usually, these lawsuits are pursued under a theory of negligence. To establish liability, your attorney would need to show that the other driver breached the duty to use reasonable care by texting, and thereby caused your injuries. However, you may be able to establish negligence per se when there is a violation of a statute. An act may be negligent “per se" when it violates a law that was designed to protect you. Georgia courts apportion an award of damages among everyone who is liable, according to each party’s percentage of fault. This makes it very important to bring into a lawsuit all the potentially responsible parties.
There are several ways to prove that someone else was texting while driving. Cell phone records may be subpoenaed. There may be witnesses to the other driver texting while driving. In some cases, there may be evidence stored on a police dashboard camera, another driver’s cell phone, or a security surveillance camera. It may be appropriate to retain an accident reconstruction expert when an accident was complex and there is a possibility that one or more drivers were using their cell phones before the collision.
You should be aware that a defendant's insurer may try to pin the blame on you if there is any indication that you were negligent. Georgia follows a rule of modified comparative negligence. You can be barred from recovering damages if you were 50% or more responsible for the accident. It is important to talk to an attorney before you speak to an insurance adjuster for another party in the accident.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
- Tareckia S. -
"The team was personable, efficient and guided me through the process with ease."
I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
- Moe -
"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"David Van Sant has been by my side through it all."
I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
- Hilary -
"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
- Tina R. -
"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
- Karen J. -
"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Contact an Atlanta Attorney After a Serious Crash
If you sustained injuries due to a texting while driving accident in Georgia, you should consult the seasoned personal injury attorneys at Van Sant Law. Our firm understands how devastating the aftermath of an accident can be.
We represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at (800) 234-9556 or complete our online form.
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