A Closer Look at Distracted Driving in Georgia

Free Case Review
100% Secure & Confidential

Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Since the start of the smartphone era in 2007, many states, including Georgia, have passed a hands-free law. In general, these laws prohibit motorists from holding and/or using smartphones and other digital devices while they are behind the wheel. However, these laws contain many exceptions, mostly for hands-free devices. Additionally, device distraction is only a small part of the distracted driver problem. 

Many distracted drivers do not feel remorseful after they cause crashes, as if the device or behavior somehow excused their negligence. A Marietta personal injury attorney forces these tortfeasors (negligent drivers) to accept full responsibility for the wrecks they cause. This responsibility includes paying compensation for damages. In a perfect world, tortfeasors would do the right thing before a lawyer gets involved. Unfortunately, we don’t live in a perfect world.

Device Distraction

Every year, electronic devices are becoming more sophisticated. So, every year, they’re more distracting. That is especially true since all devices combine all three forms of distracted driving, which are:

  • Cognitive (mind off driving),
  • Visual (eyes off the road), and
  • Manual (hand of the wheel). 

If a tortfeasor uses a hand-held device and causes a wreck, the tortfeasor could be liable for damages as a matter of law, thanks to Georgia’s hands-free law. 

The negligence per se doctrine only applies if an emergency responder gives the tortfeasor a citation. Frequently, responders don’t issue tickets in these situations. Many responders see car crashes as civil matters. They do not want to issue tickets and get involved in them.

Therefore, many hand-held device claims hinge on the ordinary negligence doctrine. A Marietta personal injury attorney must prove that negligence, or a lack of care, caused the wreck.

There is a difference between a mistake and a lack of care. If Mary glanced down at her phone and she did not see Julie in the crosswalk, Mary may not be liable for damages. If Mary had been using her phone for several blocks, that is different.

Evidence in ordinary negligence claims usually includes the tortfeasor’s statements about device use and device use logs.

The ordinary negligence doctrine also applies to hands-free devices. These gadgets are legal to use, and they are also dangerous to use. In fact, using a hands-free device while driving is as bad as driving drunk.

Non-Device Distraction

Georgia also has a broad non-device distraction law. In 2015, a Cobb County police officer famously gave a driver a citation for driving while eating a cheeseburger. Under Georgia law, drivers must “not engage in any actions which shall distract” them from safely operating their vehicles.

The same negligence principles discussed above also apply to non-device claims. Technically, eating while driving, drinking while driving, and otherwise multitasking while driving is against the law. If officers issue citations, the negligence per se rule applies. If officers do not issue citations, the ordinary negligence doctrine is available. Evidence of a lack of care includes erratic driving before the wreck and witnesses who saw the driver multitasking behind the wheel.

Learn More In Our Recent Blog Posts

Georgia Sees String of Recent Dog Attacks

Georgia has seen a worrying string of dog attacks in recent weeks. Some of these dog attacks have left seniors ...
Learn More

Deadly Motorcycle Accident Reported in Cobb County

In June of 2025, Fox 5 Atlanta reported a fatal motorcycle accident in Cobb County. The crash was so severe ...
Learn More

Hit-and-Run Driver Found in Cobb County After Two Crashes in Ten Minutes

When police track down hit-and-run drivers, most people celebrate this as a victory. However, these negligent drivers are often caught ...
Learn More

USPS Says 6,000 Workers Were Savagely Mauled by Vicious Dogs in 2024

Although dangerous dogs in Cobb County threaten virtually everyone, postal workers are particularly at risk. This was highlighted after the ...
Learn More

Multiple Cars Crash Into Georgia Homes and Buildings

Within the space of a single week in June of 2025, multiple cars crashed into homes and buildings in Georgia. ...
Learn More

Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
Free Case Review
100% Secure & Confidential
Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

Call (770) 758-1664
Available 24/7

Free Case Review

"*" indicates required fields