Distracted driving remains one of the leading causes of accidents on Georgia roads, prompting the state to implement strict regulations to protect its citizens. The Hands-Free Georgia Act aims to reduce these dangers by setting clear limits on how drivers can use technology while driving.
If you got injured in a car accident, understanding these laws is not just about road safety. You have a legal blueprint to help you build a claim to help you secure the compensation you deserve.
Understanding Georgia’s hands-free law
This Georgia driving law strictly prohibits motorists from doing the following while they are operating a vehicle:
- Holding a wireless device
- Writing or reading texts
- Watching videos while driving
Georgia’s hands-free requirement applies even when a driver is stopped at a red light, and they must still comply with the rules unless the vehicle is legally parked.
When texting can be careless driving
The legal doctrine of negligence per se can help strengthen a car accident claim when a driver violates a law meant to protect the public, such as Georgia’s Hands-Free Law. Under this concept, a driver may be presumed negligent if they were illegally texting or holding their phone at the time of the crash.
Proving that the at-fault driver was using a phone can make it easier to establish liability for causing your injuries because it shows the motorist breached a clear legal duty. If the police issued a traffic citation for a Hands-Free violation, that citation can also support your case. Your lawyer can present it to potentially put pressure on the insurer during settlement negotiations.
Proving distraction through evidence
Strong evidence is the foundation of a successful personal injury claim. You can include police reports of the accident that have the officer specifically noting cell phone use at the scene.
In addition, your lawyer can issue subpoenas to obtain the driver’s phone records and data timestamps from the time of the crash. Having multiple witness testimonies from people who saw the motorist using a device can also prove your claim of distracted driving.
Impact on your financial recovery
Compensatory damages are meant to help recover your losses after a car accident, including:
- Medical bills
- Lost wages
- Pain and suffering
In very serious distracted driving cases, like frequent texting in heavy traffic, a victim may also be able to seek punitive damages. These are not meant to repay the victim directly. Instead, they aim to punish the driver for reckless conduct and help prevent similar behavior in the future.
Protecting your recovery
When a driver chooses a screen over safety, Georgia’s driving laws are on your side when pursuing compensation for your injuries. A personal injury can help you preserve the evidence you need to hold the distracted driver accountable.