The Legal Consequences of Distracted Driving in Georgia

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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

Georgia has powerful laws against distracted driving, penalties for violating these laws, and a process in place for victims of distracted driving to seek compensation. 

If you or a loved one has been involved in a distracted driving incident, there may be a lot of questions about how to seek justice. Talking with an experienced Marietta personal injury lawyer can be a good place to start getting answers. 

Understanding Georgia Laws Against Distracted Driving

According to Georgia Code 40-6-11, drivers are not allowed to use their hands or any body part while talking on the phone. The law, known as Georgia’s Hands-Free Law, is a stronger regulation than the law before 2018. 

Voice-to-text communication is still allowed, but it is not legal to use hands-free technology while on the road. This includes writing, reading, sending text messages, e-mails, social media, and other internet data. It also includes recording or watching videos or taking photos while behind the wheel. 

The law has exceptions for drivers responding to emergency and emergency personnel as well as motorists who pull to the side of the road and are fully parked.

City ordinances take hands-free law even further. For example, Marietta, Georgia has a city ordinance that makes it illegal to hold a mobile device while driving.

Primary Enforcement Governs Distracted Driving Laws 

Primary enforcement means that an officer can pull a person over for the offense without having to witness the violation. If the police officer or state trooper witnesses the action of driving and texting, they are entitled to issue a ticket. 

Penalties for Violating Georgia Distracted Driving Laws

Penalties for distracted driving include specific fines and points, fatalities, and liability.

The penalty for distracted driving is straightforward. For the first conviction, violators are subject to a $50 fine and 1 point against their driving record. Second convictions within 24 months are fined $100 and 2 points. Third or more convictions within two years are fined $150 and 3 points.

According to the Georgia Department of Transportation, distracted driving crashes have risen by over 400% in the last ten years. According to the data from the Georgia Highway Safety Department, in Cobb County, there were 64 fatalities in 2021, compared to 53 in 2017.

Distracted driving can be considered grounds for “fault” in a car accident. Fault means that a distracted driver can be held fully responsible for causing an accident as a result of being distracted.

What to Know When Seeking Compensation in Georgia

If a distracted driver has caused an accident, they may be held responsible in a lawsuit or an insurance claim. A knowledgeable lawyer investigates each accident on a case-by-case basis. Evidence is gathered including police reports, eye-witness testimony, security camera footage, and medical expense bills. 

If a settlement can be reached with insurance companies, attorneys negotiate on behalf of their clients for fair compensation. If a settlement is not reached, a lawyer can represent their clients in court.

Time to Talk to a Lawyer Marietta, Georgia

If a distracted driver has injured you or a loved one, talking with an experienced Marietta personal injury lawyer may be a good first step. A skilled attorney may be able to evaluate the specific circumstances and discuss potential legal avenues.

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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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