Distracted Driving: Understand Legal Consequences in Georgia

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Distracted driving is an increasingly dangerous problem in Georgia. If you have been involved in an accident involving a distracted driver, you may want to discuss your accident with an experienced Marietta personal injury lawyer

Distracted Driving in Georgia: Are You Alert?

Distracted driving is defined by the National Highway Traffic Safety Administration (NHTSA) as “any activity that diverts attention from driving.” 

NHTSA includes talking to other passengers, eating, drinking, caring for a child, soothing a pet, adjusting the music, phoning, texting, or using technology while driving. 

NHTSA reports that 3,522 people were killed by distracted driving in 2021. From 2012-2021, approximately 32,000 people died in crashes involving distracted driving.

April is Distracted Driving Awareness month and an ideal time to tune in to habits and distractions that could contribute to a lack of focus when driving. You may notice an increased police presence this month, enforcing laws to keep roads safe.

What is the Hands-Free Law in Georgia?

Georgia law is clear about not using technology in what is commonly called the Hands-Free Law. This legislation was signed by Governor Nathan Deal on May 2, 2018, and took effect on July 18, 2018. The Hands-Free Georgia Act restricts both stand-alone electronic devices and wireless devices. 

Drivers cannot have a phone in their hand while driving. It is also not allowed to touch the phone with any part of the body while driving. 

Distracted Driving Laws in Georgia 

Georgia Law requires that drivers cannot write, read, or send text messages, e-mails, or social media content while on the road. Voice-to-text is still allowed in Georgia.

Watching videos is also prohibited while driving. The exception is for navigational/GPS videos. It is against the law to take pictures or record videos when driving a vehicle.

Both stand-alone and wireless devices can only be used when a vehicle is parked in a defined zone, such as a driveway or parking space. 

Georgia Law does not permit the use of electronic devices at a red light or on the shoulder of the road, even if the vehicle is in ‘park.’

What is Distracted Driving in Georgia?

Any activity that causes drivers to shift attention from driving can fall under this umbrella term. Texting, talking on the phone, eating, drinking, playing around with the stereo, adjusting entertainment or navigation can contribute to distraction. 

Texting is one of the most alarming distractions, as sending or reading a text takes your eyes off the road. It may be for only five seconds. However, when the car is traveling 55 miles an hour, this is like driving the length of a football field with eyes closed. 

Pledge to End Distracted Driving in Georgia

NHTSA is raising awareness about distracted driving with a program entitled “Take the Pledge.” This is a way to commit to driving phone-free by never talking or texting on the phone while driving. Part of the pledge includes educating and speaking out if you are a passenger and the driver is distracted. It includes a commitment to encourage friends and family to drive phone-free.

Stay Safe in Georgia

Keep safe while driving in Georgia and commit to driving without the distracting use of technology. If you have been involved in an incident involving distracted driving, you may want to consider talking to an experienced attorney.

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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.
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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.

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