In 2018, the Hands-Free Georgia Act made it illegal for drivers to hold or use a cell phone or other handheld device while operating a vehicle. This law prohibits drivers from making calls, sending or reading texts and emails, and browsing social media by handling their phones.
Did you suffer injuries in a crash caused by distracted driving? Contact Sherrod & Bernard, P.C. to learn your legal options for a free consultation. A Douglasville car accident attorney from our law firm can help you understand what to expect if you decide to file a personal injury claim.
What is Georgia’s Hands-Free Law?
Why is texting while driving illegal in Georgia now? The change was necessary because transportation data shows an increase in auto accidents due to distracted driving. One study from the National Safety Council shows that over a 10-year period, the percentage of drivers seen manipulating handheld devices increased by 82 percent. According to recent data from the National Highway Traffic Safety Administration (NHTSA), over 3,000 people die in accidents caused by distracted driving each year.
Before the Hands-Free Georgia Act went into effect, drivers over 18 could use cell phones while driving. The only exception was that texting and driving was illegal. The new law made cell phone use illegal for anyone behind the wheel, not just minor drivers.
By law, drivers cannot hold a phone or have any part of a phone touching their body while driving. Texting remains prohibited, though you can use voice-to-text. Violations can lead to traffic citations and points on your driver’s license. Drivers can also be held legally responsible for any crashes they cause by texting while driving.
Does the Hands-Free Law Apply to Just Cell Phones?
Georgia’s hands-free driving laws apply to more than just cell phones. Even without hands-free technology, drivers cannot:
- Read, write, or send emails while driving
- Use cameras
- Watch or record videos
- Scroll their social media feeds
There are some notable exceptions. Checking a GPS or navigational tool screen is allowed. Streaming music is OK as long as you can’t see any images on the screen or touch the phone to change the music selection. Continuously running dashcams are also permitted in Georgia.
Is It Illegal to Even Have the Phone in My Hand While Driving?
You cannot touch a cell phone while driving except to call 911. Drivers can talk on the phone using hands-free methods, like answering the phone via their car’s voice controls.
Can You Text at a Red Light in Georgia?
Drivers cannot text at a red light or stop sign while stationary. The texting and driving ban applies to drivers operating a motor vehicle. Even when stopped at a red light, the driver still controls the car and should remain aware of their surroundings.
Cell phone use is allowed when the vehicle is parked in a driveway, parking lot, or other parking space or when the ignition is turned off.
Can You Use Voice-to-Text While Driving?
Yes, voice-to-text is allowed if the driver does not have to touch their phone to use it. If they can initiate “type” and send the text with their voice, that is allowed under the Hands-Free law.
What Happens if a Texting Driver Hit Me?
Consult a Georgia car accident lawyer if a texting driver hit and injured you in a collision. You could be entitled to compensation for your medical bills, lost wages, and additional crash-related expenses. An attorney can assist you in filing a personal injury claim against the at-fault driver’s insurance company and gather strong evidence to support your claim.
Examples of evidence include:
- Phone records from the at-fault driver showing they sent and received texts in the moments before the crash
- Vehicle details about the at-fault driver’s car, such as whether it was capable of voice controls and talk-to-text
- Medical records
- Pay stubs, tax records, and employer documentation to demonstrate lost wages
- Photographs of the accident and your injuries
- Traffic and dashboard camera footage showing that the other driver caused the auto accident
- Eyewitness testimony
- Expert witness testimony
After building your claim, your lawyer will send a demand letter to the at-fault driver’s insurance company asking for compensation. The insurer can accept, deny, or make a counteroffer.
Typically, the initial settlement offer is far lower than what you deserve. If so, your lawyer will engage in settlement negotiations asking for full and fair compensation from the insurance company. If settlement talks fail, you can decide whether to take your car accident case to trial.
What Types of Compensation Are Possible in a Texting and Driving Accident Claim?
Injured people may be entitled to compensation for various losses after a distracted driving accident in Georgia. This money is generally divided into two categories: economic and non-economic damages.
Economic damages compensate you for your tangible losses that have specific monetary value, including:
- Medical expenses, including the cost of any surgeries, hospital stays, prescription medication, ongoing medical care, and assistive devices you need
- Lost wages and benefits resulting from your temporary or permanent inability to work
- Lost future earning capacity
- The costs associated with fixing or replacing damaged property, including your vehicle
Non-economic damages include compensation without a specific dollar amount, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (companionship experienced by your partner after the accident)
Contact a Georgia Car Accident Lawyer
Texting and driving is not only illegal. It can lead to serious injuries. Taking legal action can help you recover compensation to recoup your losses after a car accident, but don’t expect the insurance company to make a fair payout and close your case quickly. The Douglasville car accident attorneys at Sherrod & Bernard, P.C. can stand up for your rights and demand the money you deserve.
Everything starts with a free case review. During your consultation, a lawyer will perform an initial evaluation, discuss your legal options, and explain the personal injury claims process.
Our attorneys have over 85 years of combined experience seeking compensation for accident victims. Let us use that knowledge and dedication for you. Call or contact us today for your no-cost consultation.
