Driving in Georgia comes with its own set of challenges, and distracted driving is a big one. It’s not just about texting; it’s any activity that takes your attention away from the road. We’ve all seen it—someone swerving because they’re too busy with their phone or fiddling with the radio. But what happens when that distraction leads to an accident?
This article will break down Georgia’s hands-free law, explore common types of distracted driving, and explain how it may affect accident liability. We’ll also cover what to do if you suspect distracted driving caused your crash and how a Georgia personal injury attorney may be able to help you navigate the aftermath. If you’re dealing with auto insurance claims, this information is especially relevant.
Distracted driving isn’t just a bad habit—it’s a serious safety issue that can have devastating consequences. Knowing your rights and understanding the law can make a significant difference in the outcome of your case.
We’ll walk you through:
- The specifics of Georgia’s hands-free law
- How distracted driving impacts liability in accident cases
- Steps to take if you suspect distracted driving was a factor in your accident
Georgia’s Hands-Free Law: What You Need to Know
Georgia has taken a firm stance against distracted driving with the implementation of its hands-free law. This law aims to reduce accidents caused by drivers who aren’t paying full attention to the road. Here’s a breakdown of what it entails.
At its core, the law is simple: drivers cannot physically hold or support a phone with any part of their body while operating a vehicle.
Here’s what’s prohibited under Georgia’s distracted driving law:
- Holding a phone or other wireless communication device
- Writing, sending, or reading any text-based communication (texts, emails, social media messages)
- Watching videos or movies on any device
- Recording videos while driving
Even being stopped at a red light or stop sign doesn’t exempt you from the law—the restrictions apply anytime the vehicle is on a public road.
However, the law does allow for some exceptions. You may:
- Use your phone for GPS navigation
- Listen to streaming music
- Use voice-to-text features
The key is that you must not physically manipulate the device while driving. First-time offenders may receive a break if they show they’ve installed hands-free tech, but repeat offenses come with steeper fines and marks on your driving record.
Common Types of Distracted Driving
Distracted driving isn’t just about texting. It includes any activity that diverts your attention from the road. Researchers typically categorize distractions into three main types:
Visual Distractions
These involve taking your eyes off the road. Examples include:
- Looking at billboards or scenery
- Reading maps or GPS
- Adjusting the radio or climate controls
- Looking at passengers
Manual Distractions
These involve taking your hands off the wheel:
- Eating or drinking
- Texting or typing
- Adjusting mirrors or seats
- Reaching for objects
Cognitive Distractions
These involve taking your mind off driving:
- Daydreaming or thinking about personal issues
- Talking to passengers
- Driving under the influence
- Getting absorbed in podcasts or audiobooks
Texting is especially dangerous because it combines all three types of distractions. According to the Virginia Tech Transportation Institute, using your phone while driving significantly increases your risk of crashing.
Understanding these categories is the first step in preventing them. By minimizing distractions, you can become a safer driver and reduce the risk of accidents.
How Distracted Driving Affects Accident Liability
Distracted driving significantly impacts who may be found at fault after a car accident. Georgia law takes a tough stance, and if a driver’s distraction causes a crash, they may be held responsible for the resulting damages.
Negligence and Liability in Georgia
In Georgia, negligence is a key factor in car accident cases. Negligence means a driver failed to use reasonable care, and that failure resulted in harm. A distracted driver—whether texting or changing music—may be considered negligent. If that negligence causes an accident, the driver may be held liable for:
- Medical expenses
- Lost wages
- Property damage
Proving the Other Driver Was Distracted
Proving distraction can be tricky, but it’s crucial for a strong personal injury claim. Evidence may include:
- Police reports referencing distraction
- Witness testimony
- Phone records
- Surveillance footage from nearby businesses
The more evidence you have, the stronger your case may be.
How It Impacts Your Settlement or Trial
If you can prove distracted driving, it may increase the value of your claim. Insurance companies are more likely to offer a fair settlement when fault is clear. If the case goes to trial, compelling evidence can persuade a jury to rule in your favor.
What to Do If You Suspect Distracted Driving Caused Your Crash
If you think distracted driving played a role in your accident, the steps you take next are crucial. Here’s what to do:
- Ensure safety first. Check for injuries and move vehicles out of traffic if safe.
- Call the police. Request a report and mention your suspicions about distraction.
- Document the scene. Take photos of vehicles, surroundings, and any visible distractions (like a phone in the driver’s hand).
- Get the other driver’s information. Name, contact, and insurance.
- Collect witness details. Their accounts can be powerful in proving distraction.
- Write everything down. Include the time, weather, and any notable observations.
- Seek medical care. Some injuries may not appear right away.
- Contact a Georgia personal injury lawyer. They can help gather evidence, work with insurance, and build your case.
If the other driver admits to being distracted, that’s helpful—but rare. Evidence is key, and an experienced attorney can make a big difference.
How a Georgia Personal Injury Attorney May Be Able to Help
The aftermath of a crash can be overwhelming. It’s not just about fixing your car—it’s about navigating insurance, medical bills, missed work, and stress. A personal injury attorney in Georgia can be your ally throughout the process.
Here’s how they may help:
- Clarifying your rights. Georgia law has specific rules about fault and compensation.
- Collecting evidence. This may include phone records, witness statements, or social media posts.
- Dealing with insurance companies. Attorneys know how to push back against lowball offers and fight for a fair resolution.
- Representing you in court. If your case goes to trial, they’ll prepare and advocate on your behalf.
Having someone who understands the system can make a meaningful difference. While you focus on healing, your attorney handles the legal process.
Final Thoughts
If you’ve been hurt in an accident caused by a distracted driver, you don’t have to face the aftermath alone. A Georgia personal injury attorney may be able to help you get the compensation you deserve—from medical bills to lost wages and beyond.
Don’t wait to protect your rights. Contact us today to learn more about how we may be able to help with your case.
