Distracted Driving Accident Georgia: Understanding Liability and Legal Options

Estimated reading time: 8 minutes

Key Takeaways

• Distracted driving is a significant problem in Georgia, contributing to over 55,000 crashes and more than 240 fatalities in 2022.
• Georgia’s Hands-Free Law aims to reduce distracted driving but violations remain common.
• Establishing liability in distracted driving accidents involves proving negligence, with cell phone records and witness statements as crucial evidence.
• Victims of distracted driving accidents have legal options to seek compensation, including filing a personal injury lawsuit.
• Understanding Georgia’s laws and time limitations is essential for protecting your rights.

In Georgia’s bustling roadways, a disturbing trend continues to claim lives and shatter families. Distracted driving contributed to over 55,000 crashes in Georgia in 2022, resulting in more than 240 fatalities. Let that sink in for a moment. That’s 240 lives cut short because someone couldn’t wait to check a text message or scroll through social media. As I often say on my show, numbers tell stories, and these numbers tell a tragic one about distracted driving accidents in Georgia.

The aftermath of these accidents extends far beyond the initial impact. Victims face severe injuries, emotional trauma, and financial burdens that can last a lifetime. If you or someone you love has been affected by a distracted driving accident in Georgia, understanding your rights and legal options is crucial.

Georgia’s Hands-Free Law: What You Need to Know

The Hands-Free Georgia Act, which took effect on July 1, 2018, marked a turning point in how the state addresses the growing problem of distracted driving. Like a constitutional amendment for road safety, this law clearly defines what’s permitted and what’s prohibited behind the wheel.

What’s Allowed Under the Law

• Using hands-free technologies like Bluetooth or speakerphone for calls
• Using GPS and navigation apps (but only with voice commands)
• Touching your phone to answer or end a call (but not holding it)

What’s Prohibited Under the Law

• Holding or supporting a wireless device with any part of your body
• Reading, writing, or sending texts while driving
• Recording or watching videos while driving
• Scrolling through social media or browsing the internet

Hands-Free Law Fines in Georgia

The penalties for violating Georgia’s hands-free law follow a progressive structure:

• First Offense: $50 fine and 1 point on the driver’s license
• Second Offense: $100 fine and 2 points
• Third or Subsequent Offenses: $150 fine and 3 points

Despite these consequences, violations remain common throughout the state. Law enforcement faces significant challenges in detecting and proving distracted driving. Officers often rely on observable behaviors, such as a driver looking down at their lap or weaving between lanes, but many subtle infractions go unnoticed.

What’s particularly important for accident victims to understand is how these violations affect liability in civil cases. When a driver violates the Hands-Free Act and causes an accident, this can be considered “negligence per se,” which may simplify the process of establishing liability in your case.

Types of Distracted Driving That Cause Accidents

Distracted driving encompasses any activity that diverts attention from the primary task of driving. Think of driving as requiring three types of attention: visual (eyes on the road), manual (hands on the wheel), and cognitive (mind on driving). When any of these attention types is compromised, the risk of a distracted driving accident in Georgia skyrockets.

Texting While Driving

Texting is particularly dangerous because it involves all three types of distraction. When you text while driving, you’re:

• Taking your eyes off the road (visual distraction)
• Taking your hands off the wheel (manual distraction)
• Taking your mind off driving (cognitive distraction)

A driver who texts while traveling at 55 mph covers the length of a football field essentially blindfolded. Let that sink in.

Electronic Distractions Beyond Texting

The digital distractions facing Georgia drivers have multiplied exponentially:

• Social Media Usage: Drivers checking or posting on platforms like Facebook, Instagram, or TikTok
• Video Streaming: Georgia State Patrol officers have reported cases of drivers watching videos or scrolling through TikTok while behind the wheel
• App Usage: From dating apps to gaming, the smartphone offers endless opportunities for distraction

Non-Electronic Distractions

Not all distractions involve electronics. Common non-electronic distractions include:

• Eating or drinking
• Applying makeup or grooming
• Reaching for items in the car
• Interacting with passengers
• Rubbernecking (looking at accidents or other roadside events)

These activities may be harder to prove as the cause of an accident, but they significantly increase crash risks nonetheless. In fact, distracted driving accounted for 15% of all crashes investigated by the Georgia State Patrol in 2023.

To establish liability in these cases, proving cell-phone use in crash scenarios becomes essential, though challenging. This brings us to our next critical topic.

For more information on how distracted driving can impact motorcycle accidents, read our article on Motorcycle Accidents Caused by a Distracted Driver: Who’s Liable?

Establishing Liability in Distracted Driving Accidents

When the constitutional principles of negligence law meet the reality of distracted driving, establishing liability becomes a technical but crucial process. Understanding this process is essential for victims seeking justice after a distracted driving accident in Georgia.

The Four Elements of Negligence

To prove that a distracted driver is liable for your injuries, you must establish four key elements:

1. Duty of Care: All drivers have a legal obligation to drive safely and follow traffic laws, including Georgia’s Hands-Free Act.
2. Breach of Duty: The driver violated that duty by engaging in distracted driving behaviors like texting, scrolling social media, or other prohibited activities.
3. Causation: This breach directly caused the accident and your injuries. The legal standard requires proving that the accident wouldn’t have happened if the driver hadn’t been distracted.
4. Damages: You suffered actual losses, such as medical expenses, property damage, lost wages, or pain and suffering.

Proving Cell-Phone Use in Crash Investigations

Proving a driver was distracted can be challenging, but several types of evidence can help establish this fact:

• Cell Phone Records: These can show if a phone was in use at the time of the accident. In serious cases, these records may be obtained through subpoenas or warrants, particularly when severe injuries or fatalities are involved.
• Police Reports: Law enforcement officers may note signs of distraction in their report or issue citations related to distracted driving at the scene.
• Witness Statements: Eyewitnesses who observed the driver using a phone or engaging in distracting behaviors can provide powerful testimony.
• Traffic and Surveillance Cameras: Footage may capture the driver using a device before or during the accident.
• Vehicle Data Recorders: Modern vehicles often record data on speed, braking patterns, and steering inputs that can suggest driver distraction.

The Role of Law Enforcement and Insurance Companies

Georgia State Patrol and local police departments collaborate with prosecutors to investigate serious cases, often obtaining warrants for phone records when distracted driving is suspected in crashes involving serious injuries or fatalities.

Insurance companies evaluate claims by examining evidence of distraction and may require substantial proof to establish fault. Having an experienced attorney can make all the difference in presenting a compelling case to insurers. Learn more about navigating car accident claims with our Atlanta Car Accident Lawyer Guide.

Legal Options for Victims of Distracted Driving Accidents

If you’ve been injured by a distracted driver in Georgia, the legal system offers several avenues for seeking justice and compensation. Let’s examine the options available to victims, much like analyzing the key provisions of a complicated legal brief.

Filing a Texting and Driving Lawsuit in GA

Victims of distracted driving accidents can file a personal injury lawsuit against the at-fault driver. These lawsuits are typically based on the legal theory of negligence we discussed earlier.

The process generally involves:

1. Filing a complaint in the appropriate Georgia court
2. Serving the defendant with the lawsuit
3. Engaging in discovery (exchanging information and evidence)
4. Attempting settlement negotiations
5. Going to trial if a fair settlement cannot be reached

Important Time Limitations

In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. This means you must file your lawsuit within this time frame, or you may lose your right to seek compensation.

Frequently Asked Questions

How common are distracted driving accidents in Georgia?

Distracted driving is a major issue in Georgia, contributing to over 55,000 crashes and more than 240 fatalities in 2022 alone.

What is considered distracted driving under Georgia law?

Any activity that diverts attention from driving, including texting, using social media, eating, or other non-driving tasks, is considered distracted driving under Georgia law.

Can I file a lawsuit if I was injured by a distracted driver?

Yes, you can file a personal injury lawsuit against a distracted driver to seek compensation for your injuries, damages, and losses.

What evidence is needed to prove a driver was distracted?

Evidence can include cell phone records, police reports, witness statements, traffic camera footage, and vehicle data recordings.

Is there a time limit to file a lawsuit after a distracted driving accident?

Yes, in Georgia, you have two years from the date of the accident to file a personal injury lawsuit.