Distracted driving accidents are a leading cause of traffic crashes in Georgia, often resulting in serious injuries or fatalities. Whether caused by texting, using a navigation system, or talking to passengers, these actions take a driver’s attention off the road and put others at risk. If you were injured in a crash involving a distracted driver, it is important to understand your rights under Georgia law.
In this blog, we explain what distracted driving is, review Georgia’s traffic laws, outline your legal options after a crash, and show how working with an experienced Tucker car accident attorney at Buddoo & Associates can help you pursue full compensation.
What Is Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention away from safely operating a vehicle. It is a major factor in many motor vehicle crashes across Georgia and the United States.
Visual Distractions
Visual distractions occur when a driver looks away from the road. Common examples include checking a text message, looking at a GPS or navigation system, or glancing at a passenger. Even a moment with eyes off the road can cause a serious car crash.
Manual Distractions
Manual distractions involve taking one or both hands off the wheel. This can include eating, adjusting controls, reaching for an object, or using a hand held phone. These actions reduce control over the vehicle and increase the risk of a distracted driving accident.
Cognitive Distractions
Cognitive distractions happen when the driver’s mind is not focused on driving. Talking to passengers, daydreaming, or becoming preoccupied with a phone conversation are common causes. These distractions are especially dangerous because they are harder to detect and can lead to fatal crashes.
Multiple Distractions at Once
Some actions combine all three types of distraction. Texting while driving is a clear example. It takes eyes off the road, hands off the wheel, and focus away from driving. Crashes caused by texting or other forms of cell phone use are increasing across many states.
High-Risk Groups
Teen drivers and novice drivers face a higher risk of distraction-related crashes. Younger drivers are more likely to use hand held devices and engage with passengers. Education and awareness campaigns targeting these age groups aim to reduce distraction-related injuries and deaths.
Why It Matters
Crashes involving distracted drivers often result in severe injuries or fatalities. According to the National Highway Traffic Safety Administration, thousands of people are killed each year in distraction-related crashes. Understanding what counts as distracted driving is the first step toward distraction free driving and safer roads.
Georgia Distracted Driving Laws
Georgia has strict laws to reduce crashes caused by distracted drivers. These laws focus on preventing cell phone use and other distractions while operating a motor vehicle.
Hands-Free Georgia Act (O.C.G.A. § 40-6-241)
The Hands-Free Georgia Act makes it illegal for drivers to hold a phone or use other hand held devices while driving. This includes reading or sending text messages, watching videos, and using social media. Drivers must use hands-free technology such as Bluetooth or speakerphone. The law applies to all drivers and is enforced statewide.
Restrictions on Cell Phone Use
Drivers cannot physically hold a phone or rest it on any part of their body while driving. Even at a red light or in traffic, the law remains in effect. Texting, emailing, or browsing the internet is not allowed. Use of headphones or earpieces is limited to one ear only. These restrictions are in place to reduce distraction and prevent fatal crashes.
Rules for Teen and Novice Drivers
Teen drivers under 18 are banned from any cell phone use while driving, even if it is hands-free. This rule reflects the higher risk for younger drivers and the number of crashes involving distracted driving in this age group. Georgia law treats violations seriously and may include fines, points on the license, and license suspension.
Penalties for Violating the Law
First-time offenders face a fine of $50 and one point on their license. Second and third offenses bring higher fines and more points. These penalties apply to all drivers, including those operating commercial vehicles. Company policy does not protect employees from liability if they cause a distracted driving accident.
Legal Impact in an Accident
If a driver breaks Georgia’s distracted driving laws and causes a crash, it may count as negligence per se. This means the violation itself can help prove fault in a legal case. Victims of crashes involving distracted drivers can use the law to support a claim for damages such as medical bills, lost wages, and pain and suffering.
Legal Liability in a Distracted Driving Accident
Understanding legal responsibility is critical after a distracted driving accident. Georgia law holds drivers accountable when distraction leads to injury or property damage.
Negligence Per Se and Georgia Law
In Georgia, violating a traffic safety law like the Hands-Free Georgia Act (O.C.G.A. § 40-6-241) can establish negligence per se. This means that if a driver is using a hand held phone or texting while driving and causes a crash, that violation may automatically prove they were negligent. This is important in civil cases, where proving fault is required to recover damages.
Proving the Driver Was Distracted
To hold a distracted driver liable, you must show they were not giving full attention to the road. Evidence may include phone records, traffic camera footage, witness statements, and police reports. A car accident attorney may also subpoena mobile device data or request expert analysis to show distraction played a role in the crash.
Types of Damages You May Claim
Victims of distraction-related crashes can seek compensation for medical expenses, lost wages, property damage, and pain and suffering. In severe cases, where crashes caused fatalities, families may file a wrongful death claim under Georgia law (O.C.G.A. § 51-4-2). These claims help cover funeral costs and the financial impact of losing a loved one.
Employer Liability and Commercial Drivers
If a commercial driver causes a distracted driving accident while using a cell phone or violating company policy, their employer may share liability. Businesses must ensure their drivers follow distraction free driving rules. Failure to enforce safety policies may lead to legal consequences for the company.
Why Legal Representation Matters
A car accident lawyer can help gather evidence, deal with insurance companies, and build a strong case for compensation. Distracted driving accidents often involve contested facts, and proving liability may require legal action. Getting the right support early improves your chances of a fair result.
How a Georgia Car Accident Lawyer Can Help
After a distracted driving accident, a lawyer can protect your rights and help you recover damages. At Buddoo & Associates, we focus on helping injured drivers and passengers across Georgia get justice and fair compensation.
We Know Georgia Distracted Driving Laws
Our team understands how Georgia law applies to crashes involving distracted drivers. We know how to use the Hands-Free Georgia Act to help prove fault when a driver was using a hand held phone or texting. We also understand how to handle cases involving teen drivers, commercial vehicles, and other high-risk situations.
We Build Strong Legal Claims
To win your case, you need evidence. We gather phone records, police reports, video footage, and witness statements to show that the other driver was distracted. We work with experts when needed to strengthen your case. Our process is focused, direct, and proven.
We Deal With Insurance Companies
Insurance companies often try to deny claims or reduce payouts. We speak with insurers for you and push for full compensation for your medical bills, lost income, and pain. If the insurance company refuses to be fair, we are ready to take your case to court.
We Represent Families After Fatal Crashes
When distracted driving deaths occur, surviving family members may have the right to file a wrongful death claim. We help families in these cases seek damages for funeral costs, lost financial support, and emotional suffering. These cases are difficult. We are here to guide you through every step.
Why Choose Buddoo & Associates
We focus only on personal injury and car accident cases. Our office in Tucker serves clients across Georgia. We take on distracted driving cases because we believe drivers must be held accountable for unsafe behavior. We work directly with you and keep communication clear and honest.
Contact an Experienced Tucker Car Accident Lawyer Today!
If you or someone you care about has been injured in a distracted driving accident, do not wait to get the legal help you need. These crashes often lead to serious injuries, lost wages, and long-term consequences. Our team at Buddoo & Associates understands how to handle these cases under Georgia law and will work directly with you to build a strong claim.
Contact us at 404-870-3557 for a free case consultation today!
