Injured by a Texting Driver in Georgia? Here’s What You Need to Know

Key Points:

• Dangers of Mobile Phone Usage While Driving: Emphasizes the critical safety risks associated with using mobile phones for any purpose while driving, likened to operating a vehicle blindfolded. This serves as a cautionary highlight for drivers about the potential consequences of distracted driving.
• Persistence of Texting and Driving as a Safety Issue: Acknowledges the continued prevalence of texting and driving in Georgia and nationally, despite ongoing efforts to address the problem. This point underlines the necessity for both legal enforcement and public education to combat distracted driving effectively.
• Legal Framework and Penalties for Distracted Driving in Georgia: Outlines Georgia’s comprehensive laws against using handheld devices while driving, part of the state’s hands-free initiative. This includes a summary of the legal penalties for non-compliance, aimed at reinforcing the importance of adhering to these laws for all road users’ safety.

Table of Contents

When other drivers on the road divert their attention to their phones, it’s as though they’re navigating through traffic with a blindfold on. Each glance down to tap or swipe transforms their vehicle into an unpredictable hazard, moving at high speeds yet guided without full attention. Imagine a car speeding at 55 mph, its driver’s eyes off the road for just 5 seconds—it’s essentially moving blind for the length of a football field. This dangerous multitasking delays their reaction to sudden stops, pedestrians, or changes in traffic flow, vastly increasing the risk of collisions. Beyond the immediate danger, these distracted drivers face severe legal consequences, from fines to license points, reflecting the seriousness of their actions. In short, when drivers engage with their phones instead of the road, they gamble not just with their own safety, but with the lives of everyone around them, making every trip a risky venture.

Is Texting and Driving Still an Ongoing Problem?

Texting and driving is not new to Georgia. This has been a problem that’s been ongoing for the past two decades. The statistics on texting and driving in America reveal that people are still texting or emailing while driving. According to a survey by the AAA Foundation, 52% of US respondents reported talking on a hand-held phone while driving in the last 30 days, and over four in ten admitted to reading an email or text while on the road. More alarmingly, more than three in ten respondents confessed to sending an email or text while behind the wheel. These are not great numbers, if 30-40% of drivers are distracted by their smartphone on the road, we are not close to solving this problem.

Is it Against the Law to Text and Drive in Georgia?

In Georgia, it’s against the law for any driver to write, send, or read text messages while operating a vehicle, as stated in O.C.G.A. 40-6-241. This prohibition extends to browsing the internet, watching videos, or engaging in any form of electronic communication while driving. Excuses such as merely “checking the internet” briefly are not valid defenses. If you were involved in an accident caused by a driver who was texting or using the internet, you might have grounds for a negligence claim due to distracted driving. Although Georgia law has not explicitly recognized the right to seek punitive damages for accidents caused by texting while driving, we strongly believe that such behavior is both negligent and reckless.

What Does it Mean That Georgia is a “Hands Free State”?

Georgia calls itself a “Hands-Free State.” That means that we have strict laws in place that are designed to limit the use of hand-held devices while you are driving.

These statutes prohibit drivers from using their hands or body to hold or support an electronic device. The laws are meant to ensure that the driver is using both hands to control the car he/she is driving. Very simply, to engage in activities like reading, writing, or sending text-based communications, watching video content (other than GPS navigation,) are all banned and may not be engaged in while you are driving.

These laws do permit the use of hands-free technologies, such as Bluetooth earpieces, wireless headsets, and voice-to-text features. Penalties are in  place for violations including fines and points on the driver’s license, underscoring the importance of compliance for the safety of all road users. This enables drivers to communicate electronically while leaving the driver’s hands free to control the vehicle.This approach seems to maximize road safety by reducing the risk of  distracted driving accidents.

If a Driver’s Distraction From Using a Smartphone Leads to a Car Accident, Would It Be Classified as Reckless Driving?

Reckless driving in Georgia is defined as driving with a reckless disregard for the safety of persons or property. If an individual is found to be texting while driving and causes an accident, this action could indeed be interpreted as reckless behavior because it demonstrates a clear disregard for the safety of others. In such cases, the offending driver could face charges that carry more severe penalties than those for a simple violation of the hands-free law, including fines, points on their license, and potentially even jail time, depending on the circumstances and severity of the offense.

Are All Car Accidents Caused by Texting Classified as Reckless Driving?

Not all are considered reckless.

In Georgia, the classification of a car accident as reckless driving due to texting hinges on the specifics of the incident. Texting while driving, illegal per Georgia law, is a form of distracted driving but does not automatically escalate to reckless driving. The determination depends on the context of each case.

If you happen to glance down briefly resulting in a fender bender or other minor collision, it’s likely will not qualify as reckless driving

On the other hand, reckless driving charges associated with texting most often require proof of dangerous behavior or overyly disregarding the safety of others. This could involve situations where the driver was speeding, weaving in and out of traffic, ignoring traffic signals while texting. This is also more likely if there are injuries that result from such behaviors.

Determination as to whether or not texting was responsible for or contributed to the reckless driving and the accident are made on a case-by-case basis. Consideration is given to factors such as driving speed, traffic, road, and weather conditions at the time of the accident. Legal experts can play a key role in stitching these factors together in order to make a bigger picture based on the evidence.

What Legal Penalties Could a Driver Face for Causing an Accident While Texting?

In the State of Georgia, drivers involved in accidents involving texting and driving may find themselves dealing with an array of legal repercussions as the result of  distracted driving violations. Penalties for such violations can range from violations of  violation of Georgia Code Section 40-6-241.2,  to more severe charges depending on the accident’s severity and the evidence pointing toward distraction. The consequences for such violations could vary from a minor fine for a traffic citation to charges of vehicular homicide in the event of a fatal crash.

How Can You Determine at the Scene of an Accident if the Other Drivers Smartphone Distraction Resulted in the Car Accident?

If you are uninjured at the accident scenet, there are proactive measures you can take to immediately begin to gather evidence. This is particularly true if you suspect the collision might have been caused by the other driver being distracted by a smartphone. These early actions can be pivotal in establishing the cause of the accident. These tactics include:

• Ask the other driver whether or not they were using their phone just before the collision occurred.
• If you suspect that a smart phone may have been involved in the accident, when first responders arrive, request that they interview the other driver about this possibility.
• Observe the other driver’s behavior with their smartphone closely. If they appear to be constantly on their phone post-accident, it could be a significant indicator of distraction.
• Engage any passengers or bystanders present at the scene to see if they witnessed the driver using their phone during the incident.
• If the other driver denies phone distraction, ask them to clarify what distracted them instead, and assess the plausibility of this alternate distraction.

If these strategies successfully reveal that the accident was caused by smartphone-induced distraction, it’s crucial to ensure this evidence is formally recorded.

How Does a Car Accident Lawyer Show That the Driver At-Fault Was Texting or Distracted by Their Phone?

When accidents occur due to texting drivers who deny using their phones, our attorneys employ various strategies to build a strong case:

• Obtain the Driver’s Cell Phone Records: We can subpoena the at-fault driver’s phone records to uncover evidence of phone use during the crash.
• Issue a Preservation of Evidence Letter: This is sent to both the at-fault driver and their insurance company, demanding the preservation of the cell phone and its data.
• Secure Video Evidence: You or your lawyer will need to obtain video  footage from traffic cams at the intersection or security video from nearby businesses that might have recorded the accident.
• Witness Testimonies: Interviewing witnesses or having witnesses subpoenaed by your lawyer can help to locate someone who saw the driver texting or distracted immediately before the accident occured.
• Inspect the At-Fault Vehicle: A thorough examination of the other driver’s vehicle can sometimes reveal clues about their actions at the time of the crash. This might include obtaining “black box” evidence available on many newer vehicles.
• Download Electronic Data from the Vehicle: Also available from the vehicle’s “black box” is information such as brake application or steering activity can indicate if the driver was distracted.
• Depose the Other Driver: Your lawyer may take the deposition – a formal, under oath interrogation session of the at-fault driver can help uncover the truth about their phone use.
• Analyze Call and Data Logs: Your legal team can use logs obtained from the telephone carrier in order to establish whether or not the driver was on the phone immediately before or during the accident
• Investigate All Phones in the Driver’s Household: It is sometimes advisable to examine the records and bills for all cell phones in the at-fault driver’s  household, as such records may contain supporting evidence for your case.

Collectively, these steps can  help to clear up false denials and prove smartphone distraction in your car accident case.

What Are Challenges That Car Accident Lawyers Experience When Trying to Prove Texting and Driving?

Car accident lawyers do not have an easy job when it comes to proving distracted driving. These are some of the challenges they face when trying to prove that the at-fault driver was texting:

• Direct Evidence Scarcity: Hard to find proof of texting right before the crash.
• Privacy Laws: Legal hurdles in accessing phone records due to privacy protections.
• Driver Denial/Lies: At-fault drivers often deny phone use, complicating evidence collection.
• Witness Reliability: Sometimes witness accounts can change or stories change with time.
• Technical Challenges: Sometimes it can be difficult to prove the details of  texting activity with phone company data.
• Data Retrieval: It may require a subpoena to obtain detailed data from cell phone providers can be a slow and complex process.

Is a Higher Compensation Amount Rewarded in a Settlement if a Smartphone Distraction Caused the Car Accident?

If a car accident in Georgia is found to be the result of cell phone distraction, the possibility of obtaining a higher settlement amount is enhanced. Because of Georgia’s modified comparative fault system, such driving behaviors as texting is often characterized as reckless driving. This can  mean that the compensation a plaintiff may be awarded may be reduced by their percentage of fault. (Provided  they are found to be less than 50% responsible for the accident.) If the at-fault driver was distracted by a smartphone, proof of the distracted driving can serve to solidify their percentage of fault percentage, potentially increasing the compensation awarded.

There have been widespread attempts to curb texting and driving pointing out that such behavior can be seen as negligent and reckless. To establish recklessness or negligence can open the door for punitive damages – damages which can sometimes be awarded by the court if and when the at-fault driver was behaving in egregious, unlawful ways. The court occasionally allows punitive damages in order to punish the defendant and discourage such behavior in the future. When the distraction of a smartphone is involved, your argument for punitive damages  becomes stronger, perhaps leading to a greater overall settlement.

• National Highway Traffic Safety Administration: Distraction.gov – Facts and Statistics