Georgia’s Hands-Free Law: What You Need to Know

Distracted driving, especially texting while driving, represents one of the most significant hazards on the road in Georgia. The state has adopted a hands-free law prohibiting motorists from using a handheld electronic device while operating their motor vehicles. If you drive in Georgia, you need to know that you cannot have a cell phone or other portable electronic device in your hand or supported by your body while driving. Penalties for violating the law include fines and points on your driver’s license.

A distracted driving accident lawyer at R. Alan Cleveland, LLC, can help you pursue compensation and justice if you were injured by a driver who was distracted behind the wheel. Our attorneys are ready to gather evidence to establish liability for your injuries and other losses from the crash.

Contact the law firm of R. Alan Cleveland, LLC, now for a free consultation.

How Common Are Distracted Driving Accidents?

Distracted driving accidents cause over 3,000 deaths in the United States annually, with pedestrians and bicyclists accounting for about one in five deaths, according to the Centers for Disease Control and Prevention (CDC). Around 8 percent of fatal accidents, 15 percent of injury crashes, and 14 percent of all reported traffic accidents in the U.S. involve distraction as a cause or contributing factor, the National Highway Traffic Safety Administration (NHTSA) reports.

Understanding the Hands-Free Act

Under Georgia’s hands-free law, drivers may not physically hold a wireless telecommunications device or standalone electronic device, excluding earpieces, headphone devices, or wrist-worn devices for voice-based communication.

Drivers also cannot write, send, or read text-based communications on a telecommunications or electronic device. However, drivers can receive and send text-based messages using a voice-to-text or voice-controlled system.

Drivers may also use navigation or GPS devices. Drivers cannot watch videos on electronic devices while behind the wheel or record or broadcast video except by using a dashcam or another device to record video within or outside the vehicle.

Commercial motor vehicle drivers may not use more than a single button on a wireless telecommunications device to begin or end a voice communication or reach for a device in such a matter as to move from a seated driving position or a proper belted position.

The hands-free law does not apply to:

• A driver reporting an accident, medical emergency, fire, hazardous road condition, or criminal or delinquent act
• A driver employed or contracted by a utility company while responding to a utility emergency
• A law enforcement officer, firefighter, EMS personnel, or another public safety officer on duty
• A driver in a lawfully parked vehicle

What Are the Penalties for Violating the Hands-Free Law?

Violating the hands-free law constitutes a misdemeanor offense in Georgia. Penalties for violations increase based on how many prior violations a motorist has:

• First offense – A fine of up to $50 and one point
• Second offense within a 24-month period – A fine of up to $100 and two points
• A third or subsequent offense within a 24-month period – A fine of up to $150 and three points

However, a driver may avoid a conviction for a first offense by appearing in court with proof of purchase of an earpiece, headphones, wrist-worn device, or voice-controlled system that enables the driver to comply with the hands-free law.

How Is Liability Established in a Distracted Driver Lawsuit?

A victim of a distracted driving accident can hold the distracted driver liable for their injuries by proving that the distracted driver’s actions or inaction caused the crash. For instance, an attorney might present evidence that the driver was speeding, running a red light, or making an unsafe lane change during the collision.

A lawyer might also establish liability under a theory of negligence per se, which presumes that a party is negligent because they violated a law designed to prevent the type of accident the party caused.

Is the Distracted Driver Automatically Responsible?

Although evidence of distracted driving may establish a strong presumption that the distracted motorist caused the accident, other evidence could indicate that another driver or party bears responsibility for the crash. For example, a distracted driver may proceed through a green light and collide with another driver who ran the red light. In that case, the other driver would likely be liable if the distracted driver’s actions didn’t cause the crash.

What Compensation Can I Recover Through a Distracted Driving Lawsuit?

A distracted driving lawsuit could provide you with compensation for losses you incurred because of the crash, including:

• Costs of medical treatment and rehabilitation of your injuries, including hospitalization, surgery, prescription medication, physical therapy, and occupational therapy
• Costs of long-term care and support after suffering permanent disabilities because of your injuries
• Ongoing and future losses of income and loss of job benefits if your injuries result in a temporary or permanent disability that prevents you from working
• Physical pain and emotional distress from your injuries and medical treatments
• Loss of enjoyment and quality of life due to disabilities or permanent disfigurement or scarring
• Vehicle repairs or reimbursement of the value of your totaled car

What If I Was Partially Responsible?

Under Georgia’s comparative negligence law, you may still have the right to pursue compensation even if you were partly at fault for the accident. The law allows you to seek financial relief if your share of the fault is less than that of the opposing party. However, the court would reduce your compensation in proportion to your percentage of responsibility for the crash. For example, if you incur $100,000 in losses from the accident and are 25 percent at fault, you could be awarded up to $75,000 to account for your share of responsibility.

Contact a Georgia Car Accident Lawyer

You deserve to seek justice and compensation for injuries and other losses you suffer in an accident caused by a distracted driver. Reach out to R. Alan Cleveland, LLC, for a free, no-obligation consultation with a nerby Georgia car accident lawyer. We can evaluate your case, explain your legal rights and options, and help you to seek maximum financial relief.