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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$125,000 $125k for a Middle Aged Woman Who Injured Her Elbow in a Car Accident
For a Middle-Aged Woman Who Injured Her Elbow in a Car Accident
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$579,000 $579k for Passenger Involved in a Ride Share Car Accident
For a Client Who Was A Passenger Involved in a Ride Share Car Accident
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$200,000 $200k for an Individual Was Injured in an Accident While on the Side of the Road
For an Individual Was Injured in an Accident While on the Side of the Road
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$100,000 $100k for Woman Involved in Automobile Accident & Suffered Elbow Injury
For Woman Involved in Automobile Accident & Suffered Elbow Injury
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
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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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"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 -
"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 -
"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
- Lars S. -
"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 -
"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
- Chase V. -
"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.
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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