A new study shows that kids tend to be distracted by multiple electronic devices while walking and especially while crossing the street. This issue has become much more prevalent in America over the past few years and of course here in Georgia. With a proliferation of devices and the popularity of SMS with teenagers, kids are increasingly at risk of ending up in a car accident while engaging in everyday activities.
It Could Affect the Outcome of Settlements
Worse than that, insurance companies may have a very legitimate reason to avoid paying full damages for an accident caused by pedestrian walking and texting. If the claimant had not been texting while walking, they would have seen the car coming at them and avoided it instead of being hit head on.
A Good Attorney Can Help
In spite of this strong argument, a good personal injury attorney can help your child who has been injured in such an accident get whatever compensation to which he or she is entitled. Ultimately, under Georgia law, a pedestrian always has the right of way. What this means is that even though the child may have been distracted while walking, the driver is required to stop and stay stopped until the pedestrian has moved on and is no longer in front of the car. Effectively, that means you do have rights and you should be sure to fight for them, even if the insurance company tries to argue otherwise in cases of texting while walking.