Driving requires your full attention. In Georgia, the laws are designed to protect everyone on the road – and that means knowing which behaviors are not only risky, but also potentially illegal. This article breaks down the different types of distractions, highlighting surprising behaviors that may be against the law, and explains how distracted driving might affect legal liability after an accident.
Distracted driving is more than a bad habit – it’s a safety hazard that can lead to serious legal consequences. Understanding the law and your responsibilities can help you avoid accidents and protect yourself in the event of a crash.
We’ll cover:
- The main types of distractions drivers face
- Illegal driving behaviors you may not expect
- How distraction influences accident liability
- What to do if you’re hit by a distracted driver
Distracted Driving Goes Beyond Texting
It’s easy to associate distracted driving with texting, but the issue runs deeper. Everyday actions – like adjusting the radio, eating, or talking with passengers – can also impair your ability to focus on the road. These actions might seem harmless, but they can delay your reaction time and increase the risk of a collision. Distracted driving encompasses anything that diverts your visual, manual, or cognitive attention from driving.
It’s important to understand that even hands-free devices can be distracting. While they may seem like a safer option by keeping your hands on the wheel, they can still divert your cognitive attention and reduce your situational awareness. The safest choice is to minimize any activity that takes your mind, eyes, or hands away from the task of driving.
Distracted driving in Georgia has serious consequences, but it isn’t just about breaking the law; it’s about the danger you might present to yourself and others. Even a momentary lapse in attention can have devastating consequences. Stay present, stay focused, and arrive safely.
Surprising Illegal Driving Behaviors in Georgia
Georgia’s Hands-Free law prohibits holding or supporting a phone or electronic device while driving, but distracted driving doesn’t stop there. Other seemingly minor actions can also result in legal consequences, especially if they interfere with your ability to control your vehicle.
While Georgia law broadly prohibits any activity that distracts a driver, some specific actions often catch drivers off guard. For example, eating while driving may be considered distracted driving if it impairs your ability to operate the vehicle safely. It’s not a blanket ban, but if an officer observes you struggling to control the car because you’re juggling a burger and fries, you could face a citation. Similarly, adjusting your GPS or fiddling with the radio for an extended period could also be viewed as violations. Even something as seemingly harmless as applying makeup or brushing your hair while driving could lead to trouble if it takes your attention away from the road.
In short: if the activity compromises your ability to drive safely, it’s likely against the law.
How Driver Distractions Impact Accident Liability
Distracted driving may result in serious implications for legal liability in Georgia. The state follows a modified comparative negligence system. This means you may be able to recover damages only if you are found less than 50% at fault for the accident, but your compensation may be reduced by your share of fault.
Let’s say you’re in an accident where the other driver was texting, but you were also speeding. The court might find you 30% at fault for speeding and the other driver 70% at fault for texting. In this case, you may still recover 70% of your damages. However, if you were found to be 50% or more at fault, you may not be eligible for any compensation.
Evidence of distracted driving is key. This might include:
- Phone records
- Police reports
- Witness statements
- Surveillance footage
Proving the other driver was distracted can significantly impact how liability is assigned and the value of a claim. Proving a driver was distracted may result in other consequences, as well.
Additional consequences for distracted drivers may include:
- Increased likelihood of being found at fault
- Higher insurance premiums
- Potential for punitive damages, especially in egregious cases
What to Do If You’re Hit by a Distracted Driver
Being involved in a car accident is stressful, and it’s even more frustrating when the accident is caused by someone else’s distracted driving. If you suspect the driver who hit you was distracted, the steps you take after the crash matter. Here’s what to do:
- Ensure Safety First: Check for injuries and move out of traffic if it’s safe to do so.
- Call the Police: Request a report and mention any signs of distraction.
- Document the Scene: Take photos of vehicles, surroundings, and any visible distractions (like a phone in hand) if it is safe to do so.
- Exchange Information: Get the other driver’s contact and insurance details.
- Talk to Witnesses: Their accounts may support your case.
- Notify your Insurance Company: Share accurate details and the police report number, but do not admit fault before speaking with an attorney.
- Consult a Georgia Personal Injury Attorney: A lawyer may help gather evidence, handle negotiations, and pursue full compensation.
Also remember: your health and safety are the top priorities. Seeking medical attention immediately after an accident can impact your claim down the road, even if you feel fine following the accident, as some injuries may not be immediately apparent.
Stay Safe and Informed
It’s vital to remember that driving while distracted can lead to serious legal consequences in Georgia. While texting and talking on the phone are well-known issues, even routine activities like eating, adjusting your radio, or even daydreaming can lead to fines, accidents, or legal consequences. Always keep your focus on the road and make responsible choices behind the wheel. By doing so, you not only protect yourself, but everyone else on the road.
If you’ve been injured by a distracted driver, help is available. Visit our website for further resources, or contact us today if you believe we may be able to help with your case.
