Key Takeaways
- Georgia personal-injury cases — including those arising from this article's topic — are governed by the two-year statute of limitations under O.C.G.A. § 9-3-33.
- Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33: a plaintiff who is 50% or more at fault recovers nothing.
- According to the State Bar of Georgia, personal-injury matters are one of the most common civil case types filed in Georgia state and superior courts.
- Insurance disputes — including UM/UIM coverage — are governed by O.C.G.A. § 33-7-11, which sets minimum coverage requirements and policy-stacking rules.
- For Georgia-specific application of these legal rules, a Georgia personal injury lawyer can review the facts under O.C.G.A. and assess the path to recovery. Initial consultations via our contact page are free.
Distracted driving laws in Georgia are in place to ensure that drivers keep their full attention on the road when driving. Unfortunately, not everyone listens to these laws, resulting in severe car accidents and injuries.
Georgia records tens of thousands of distracted driving convictions every year — more than 35,000 in 2022 alone. Behind a share of those convictions is a crash, and behind the crash someone who wanted to make a call or send a text while driving.
Please continue reading below if you want to learn more about these distracted driving laws and what to do if you get into an accident with a distracted driver. We will cover what you need to know about the impact of texting and driving and who you can contact if you suffer injuries in a car accident due to the negligence of a distracted driver.
Distracted Driving Laws in Georgia
In Georgia, it is illegal to text and drive. In general, it is illegal to drive distracted. There are three main types of distracted driving you should be aware of: manual, visual, and cognitive.
Manual Distraction
A manual distraction is anything that takes your hands off the steering wheel or your feet off the pedals. For example, if you’re reaching behind you to find your bag or reaching back to tend to your crying child while driving, that is a manual distraction.
Visual Distractions
Visual distractions are those that cause you to take your eyes off of the road. This is where texting and driving come into play. Other forms of visual distractions are looking to grab something off the floor, turning to talk to your passenger, or tuning your radio.
Cognitive Distractions
Cognitive distractions happen when your mind gets distracted from driving. Have you ever driven for quite some time and found yourself deep in thought? Did you ever think about work?
Or about what you’re going to do over the weekend? Most people don’t realize this is a distraction, but it is. If you get caught in a thought, you may not even remember that you’re driving.
Distracted Driving Car Accidents
Unfortunately, not everyone gives driving their full attention, especially now with the advancement of phone technology. Even if a car is equipped with hands-free texting or talking, it still serves as a cognitive distraction.
Research from Carnegie Mellon found that simply listening to someone speak reduces the brain activity associated with driving by around 37 percent — before the driver has touched the phone at all. Looking down at your phone for even five seconds is more than enough for someone to change lanes in front of you or to cause you to swerve into oncoming traffic.
What Is the Punishment for Distracted Driving in Georgia?
Under the Hands-Free Georgia Act, codified at O.C.G.A. § 40-6-241, a first conviction carries a $50 fine and one point on your licence. A second within 24 months is $100 and two points; a third or later is $150 and three points. First-time offenders can usually have the charge dismissed by producing proof in court that they have since acquired a hands-free device. Where distracted driving causes injury, the consequences are far more significant — and in a civil claim the violation is powerful evidence of negligence.
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What To Do if You Get Into an Accident With a Distracted Driver
If you get into an accident with a distracted driver, ensure that you are ok. Check for any injuries and move your vehicle out of the way of traffic if you can. If there are any injuries, call the police to get an ambulance to the scene immediately. Even if there aren’t any injuries, call the police to make a report.
Take Photos
If you are well enough, take photos of the damages caused to each vehicle involved. This helps the auto insurance when it comes time to do their investigation.
Obtain the Other Party’s Information
While you are at the scene of the accident, try to get the other driver’s information. This includes getting their phone number, driver’s license information, and physical address.
Other important information to gather:
- Year, color, make, and model of the other driver’s vehicle
- Auto insurance information
- License plate information
- Information of passengers
If you are unable to gather this information, it is ok. So long as the police are on-site, they will gather this for you, which will be on the police report.
Make an Auto Claim
Once you are safe, a claim will need to be opened with the other driver's insurer. Be careful here: report the crash, but decline a recorded statement until you have taken advice, because those recordings are mined afterwards for anything that can be used to reduce the claim. If you have witness information suggesting the other driver was distracted, that goes directly to liability. If you have any injuries, make sure to tend to those first.
If the other driver’s insurance policy accepts liability for the accident, their adjuster will contact you to make a settlement offer for your injuries. The adjuster may make an offer that seems fair but is below what you should receive.
To ensure you receive the compensation you deserve, it is best to reach out to a personal injury lawyer for further assistance. If you plan on seeking counsel at all, make sure you reach out to a lawyer for a free consultation before you call the insurance company. Your lawyer will do what they can to preserve the evidence to prove that the other driver was distracted, causing the accident and your injuries.
Distracted Driving Accidents
Several distracted driving laws are in place to protect those from getting involved in accidents with distracted drivers. Unfortunately, even with these laws in place, people still drive distracted, causing accidents that can result in severe injuries or even death.
If you were recently injured by a distracted driver, you may be entitled to compensation. Don’t hesitate to get in touch with us for a free, no-obligation case evaluation. We are here to answer any questions or concerns you may have about distracted driving laws, your rights, and how we can help you get the compensation you deserve.
Frequently Asked Questions
What is uninsured-motorist coverage and is it required in Georgia?
Uninsured-motorist (UM) and underinsured-motorist (UIM) coverage are governed by O.C.G.A. § 33-7-11. Georgia requires insurers to offer UM coverage with every auto policy, although policyholders may reject it in writing. UM is the primary recovery path when the at-fault driver has no insurance.
Where can I verify Georgia law cited in this article?
Every statute referenced is a real Georgia code section, viewable through law.justia.com. For practice guidance, consult the State Bar of Georgia and the Supreme Court of Georgia.
What is the statute of limitations for personal-injury claims in Georgia?
Two years from the date of injury under O.C.G.A. § 9-3-33 for most personal-injury claims, including wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32.
How does fault allocation work under Georgia law?
Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33. A plaintiff who is less than 50% at fault can recover, with damages reduced by their percentage of fault. At 50% or more, no recovery.
