Distracted Driving Is the Leading Cause of Georgia Crashes
Texting, phone use, and in-vehicle distractions cause thousands of Georgia crashes every year. Georgia’s “Hands-Free Law” makes proving distraction easier than ever — and creates the foundation for punitive damages in serious cases.
Georgia’s Hands-Free Law
Effective since July 2018, O.C.G.A. § 40-6-241 prohibits drivers from holding or supporting a phone with any part of their body while driving. The law covers:
- Texting and emailing
- Watching videos
- Recording or live-streaming
- Holding the phone to talk
- Reading any internet content
Violations create negligence per se, meaning the driver is presumed negligent without further proof.
Types of Distraction
- Visual: eyes off the road
- Manual: hands off the wheel
- Cognitive: mind off the task of driving
Texting combines all three, which is why texting drivers are about 23 times more likely to cause a crash.
Proving Distraction in a Georgia Claim
- Cell phone records subpoenaed to show calls, texts, app activity
- Witness statements about driver behavior
- Dashcam and bystander video
- Vehicle event data recorder (EDR) data showing no brake application
- Driver’s social media activity at the time of the crash
Settlement Value Ranges
- Soft tissue: $20,000 – $75,000
- Disc herniation / surgery: $150,000 – $500,000
- Catastrophic: $500,000 – $3 million+
- Wrongful death: $1 million – $10 million+
Distracted driving cases frequently support punitive damages, which can add 1.5x to 3x to compensatory damages.
Punitive Damages
Under O.C.G.A. § 51-12-5.1, punitive damages may be awarded when the defendant’s conduct shows “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Texting while driving regularly meets this standard.
What to Do at the Scene
- Call 911 — note whether the other driver was holding a phone
- Ask witnesses whether they saw phone use
- Photograph the vehicle interior if the phone is visible
- Mention suspected distraction to the responding officer
- Get same-day medical care
- Hire an attorney quickly to subpoena phone records before they are deleted
The 2-Year Deadline
Georgia’s standard 2-year personal injury statute applies. Phone records, especially app data, may be deleted within months — move fast.
Free Distracted Driving Claim Evaluation
A Georgia distracted driving attorney can subpoena phone records, build a punitive damages case, and force a meaningful settlement. Free consultations and contingency fees are standard.