Distracted Driving Accident Attorney in Georgia: Texting, Apps, and Liability

Distracted Driving Accident Attorney in Georgia: Texting, Apps, and Liability

Distracted driving is one of the leading causes of traffic fatalities in Georgia and across the United States. When a driver takes their eyes off the road, even for a few seconds, the consequences can be devastating. At J. Lee & Associates Law Group, we help victims of distracted driving accidents pursue the compensation they deserve throughout Gwinnett County and the greater Atlanta area.

Georgia's Hands-Free Law

In 2018, Georgia enacted the Hands-Free Georgia Act (O.C.G.A. § 40-6-241), one of the strictest distracted driving laws in the southeastern United States. The law prohibits drivers from:

• Holding or supporting a cell phone or standalone electronic device with any part of their body while driving
• Writing, sending, or reading text messages, emails, or social media posts while driving
• Watching or recording videos while driving
• Reaching for a device in a manner that requires them to be out of their seat or no longer secured by a seatbelt

Drivers may only use their phone in hands-free mode, such as through Bluetooth or a mounted device. First violations carry a fine of $50 and one point on the driver's license. Subsequent violations increase to $100 and two points, and $150 and three points for a third offense within 24 months.

Other Forms of Distracted Driving

While phone use gets the most attention, distracted driving includes any activity that diverts a driver's attention from the road:

• Eating or drinking
• Adjusting the radio, GPS, or climate controls
• Talking to passengers
• Grooming or applying makeup
• Reaching for objects in the vehicle
• Daydreaming or cognitive distraction

Georgia law imposes a general duty of care on all drivers under O.C.G.A. § 40-6-390 (reckless driving) and O.C.G.A. § 40-6-391 (DUI). Drivers who engage in any distracting activity and cause a crash may be found negligent regardless of whether the specific behavior violated a named statute.

How to Prove Distracted Driving After an Accident

Proving that the at-fault driver was distracted requires gathering key evidence, often before it disappears:

• Cell phone records: Subpoenaing the at-fault driver's phone carrier records can reveal whether they were calling, texting, or using an app at the time of impact
• Eyewitness testimony: Other drivers or pedestrians may have observed the driver looking at their phone before the crash
• Dashcam or surveillance footage: Nearby businesses or traffic cameras may have recorded the moments before the collision
• Accident reconstruction: Expert analysis of skid marks, vehicle damage, and trajectory can confirm whether the driver took evasive action
• Social media activity: Timestamps on social media posts can sometimes be tied directly to the moment of impact

Liability and Compensation

A driver who violates the Hands-Free Georgia Act and causes an accident may be found negligent per se, meaning their violation of the statute is itself evidence of negligence. You may recover:

• All medical expenses, including future treatment
• Lost wages and reduced earning capacity
• Property damage to your vehicle
• Pain and suffering under Georgia's modified comparative negligence standard (O.C.G.A. § 51-12-33)
• Punitive damages under O.C.G.A. § 51-12-5.1 if the driver's conduct was especially reckless

Contact J. Lee & Associates Law Group

If you were injured by a distracted driver in Georgia, our attorneys are ready to investigate, gather evidence, and fight for your maximum recovery. Call (770) 609-9396 for a free consultation. You pay nothing unless we win. Se habla español.