Texting, browsing, and phone usage behind the wheel cause severe collisions. Learn your rights under GA hands-free laws and how we prove distraction.
By Amir Makled, Esq. • Staging SEO Publication
Distracted driving is one of the leading causes of catastrophic motor vehicle crashes on Georgia roads today. Every time a motorist looks down at a phone screen to read a text message, change a playlist, or check social media, they are driving blindly at highway speeds.
If you have been injured in a collision caused by a motorist's focus failure, establishing distraction is crucial to securing maximum personal injury compensation. In this guide, we outline Georgia's strict Hands-Free Law, explain the legal methods used to prove electronic distraction, and discuss how establishing fault can drastically maximize the average car accident settlement in Georgia you receive.
Passed in 2018, Georgia's Hands-Free Law establishes clear, strict guidelines governing device usage behind the wheel. Under the law, drivers are strictly forbidden from:
Violation of the Hands-Free Georgia Act is considered a misdemeanor and carries fines and points on the at-fault driver's license. More importantly, in a personal injury lawsuit, a hands-free violation constitutes Negligence Per Se—meaning the driver is automatically presumed negligent under Georgia law because they violated a safety statute. According to safety data from the NHTSA, mobile distraction increases your accident risk by over 400%:
Proving that the at-fault driver was holding a phone requires fast, professional legal action before data logs are lost or overwritten. Speak with Attorney Amir Makled 24/7.
Insurance companies representing at-fault drivers will rarely admit their driver was distracted. Proving electronic distraction requires aggressive investigation and early preservation of evidence:
By issuing a formal legal subpoena to the at-fault driver's cell provider, we can obtain raw call logs, text timestamps, and data usage statistics matching the exact minute of the collision.
Responding officers will inspect device screens and interview at-fault drivers. If the officer writes a citation under O.C.G.A. § 40-6-241, it establishes a powerful record of negligence.
Bystanders, passengers, and other motorists frequently witness at-fault drivers looking down, texting, or typing just before a collision. Sworn witness statements provide crucial leverage.
Many commercial vehicles and private cars carry dashcams. Surrounding store security feeds or local traffic cameras can provide objective visual proof of the driver's phone usage.
Event Data Recorders (EDRs) track speed, steering adjustments, and braking patterns. Distracted drivers typically fail to brake or steer prior to impact, establishing a lack of situational awareness.
In standard personal injury claims, you recover compensatory damages (medical costs, lost wages, pain and suffering). However, under Georgia code (O.C.G.A. § 51-12-5.1), if the driver's conduct demonstrates a conscious indifference to consequences, you may be awarded Punitive Damages.
In cases where a commercial truck driver or motorist was actively streaming video, texting extensively, or browsing websites while driving at high speed, Georgia courts have held that this rises to the level of willful misconduct, enabling additional punitive awards designed to punish the driver and deter others.
If you have been injured by a distracted driver, do not let their insurance company sweep the phone usage under the rug. Contact The Awad Law Firm today for a 24/7 free consultation.