# Georgia Distracted Driving Laws | Call Now | Van Sant Law

**Table of Contents***[*Expand*]*

1. Georgia Requires Drivers To Exercise Due Care
2. The Hands-Free Georgia Act Limits Phone Use
3. Evidence Can Reveal What a Driver Was Doing
4. Insurance Companies Evaluate More Than the Traffic Violation
5. Georgia's Comparative Fault Rule Can Affect Recovery
6. Deadlines Can Limit Your Right to File Suit
7. Call Van Sant Law for Legal Advice About Georgia Distracted Driving Laws

The Georgia distracted driving laws prohibit drivers from using handheld phones or other electronic devices while driving. They also impose additional restrictions on texting behind the wheel, watching videos while driving, or engaging in other forms of electronic device use.

If another driver hurt you because they failed to adhere to Georgia’s distracted driving laws, you don’t have to handle your case on your own. Instead, contact Van Sant Law for legal representation from an [Atlanta distracted driving accident lawyer](https://www.vansantlaw.com/atlanta-ga/car-accident-lawyer/distracted-driving/).

## Georgia Requires Drivers To Exercise Due Care

Georgia’s distracted driving law starts with a broad requirement that applies beyond cell phones. Under O.C.G.A. § 40-6-241(b), drivers must exercise due care while operating a motor vehicle and cannot engage in actions that distract them from safely operating the vehicle.

A driver does not have to violate the [Hands-Free Law](https://www.gahighwaysafety.org/hands-free-law/) for distraction to become relevant to a personal injury claim. The conduct involved in the collision and whether it contributed to the crash are important questions.

[Georgia’s Department of Driver Services](https://dds.georgia.gov/section-29) recognizes several activities as potential distractions, such as:

- Talking with passengers
- Eating and drinking
- Adjusting the radio or climate controls
- Grooming
- Reading
- Looking at a map
- Using electronic devices
- Engaging in other activities that take their attention away from the road

For an injured person, the legal issue is not simply, “Was this person distracted?” The larger question is whether the driver’s conduct breached a duty of care and caused the collision and resulting injuries.

An [Atlanta car accident lawyer](https://www.vansantlaw.com/atlanta-ga/car-accident-lawyer/) at Van Sant Law can investigate that question using the available evidence rather than relying only on the driver’s version of events.

For a free legal consultation, call [770-886-9199](tel:+17708869199)

## The Hands-Free Georgia Act Limits Phone Use

Georgia’s Hands-Free Law, found primarily in O.C.G.A. § 40-6-241, places specific restrictions on handheld wireless devices and stand-alone electronic devices while driving. The law applies to drivers operating motor vehicles on Georgia highways.

The statute prohibits you from physically holding or supporting a wireless telecommunications device or stand-alone electronic device with any part of your body while operating a vehicle. This means the issue is not limited to whether someone was having a phone conversation.

Simply holding or supporting the covered device while driving can violate the statute. The law also addresses specific activities involving electronic devices, including these tasks:

- Writing a text
- Sending a message
- Reading text-based communications
- Watching or recording videos

For someone injured by a distracted driver, Van Sant Law views traffic-law violations as relevant evidence in a civil claim.

It does not automatically determine the outcome of the personal injury case, but it can help establish what the driver was doing and whether that conduct contributed to the collision.

## Evidence Can Reveal What a Driver Was Doing

In a distracted driving case, the injured person usually can’t see exactly what the other driver was doing before the crash. That can make evidence particularly important.

Depending on the circumstances, here’s what your [Atlanta personal injury lawyer](https://www.vansantlaw.com/) can investigate:

- Statements made by the driver after the collision
- Statements from passengers and eyewitnesses
- Dashcam footage
- Traffic camera footage
- Surveillance video from nearby businesses
- Police reports and citations
- Photographs from the scene
- Cell phone records obtained through appropriate legal procedures
- Vehicle data or other electronic evidence
- Physical evidence that helps establish how the collision occurred

Not every case will involve all of these sources. The relevant evidence depends on the circumstances. The goal is to establish what happened before impact, how the driver’s conduct affected the collision, and why the driver should be held responsible for the resulting harm.

[Click to contact](https://www.vansantlaw.com/contact-us/) our personal injury lawyers today

## Insurance Companies Evaluate More Than the Traffic Violation

After a distracted-driving accident, the at-fault driver’s insurance company is likely to investigate the claim and argue against your claims of liability. An adjuster might want to examine:

- The police report
- Statements from the drivers
- Photographs
- Medical records
- Vehicle damage
- Other evidence

The insurer can also question whether the accident caused particular injuries or whether the amount being requested is supported by the evidence. This is one reason an injury claim involves more than proving that another driver was texting.

The claim also needs to account for the losses caused by the crash. A lawyer from Van Sant Law can handle communications with the insurer, gather supporting documentation, evaluate settlement offers, and negotiate for compensation based on the evidence.

Complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) now

## Georgia’s Comparative Fault Rule Can Affect Recovery

Georgia follows a modified comparative fault system for personal injury claims. Under O.C.G.A. § 51-12-33, a person’s recovery can be reduced according to their percentage of fault.

If a plaintiff is determined to be 50% or more responsible for the injury or damages, they will be fully barred from recovering compensation. This matters because an insurance company could argue that the injured person contributed to the accident. For example, an insurer could make any of these claims about you:

- You were speeding.
- You were following too closely.
- You failed to exercise reasonable care.

That allegation does not automatically make it true. Van Sant Law’s distracted driving accident attorneys can examine the evidence and challenge an unsupported assessment of fault.

## Deadlines Can Limit Your Right to File Suit

Georgia law imposes time limits on personal injury lawsuits. Under O.C.G.A. § 9-3-33, the general limitation period for actions involving injuries to a person is two years after the cause of action accrues, subject to exceptions provided by law.

Not every case follows the same deadline. Claims involving government entities, injured minors, and other circumstances can involve additional rules. Insurance negotiations also do not necessarily eliminate the applicable filing deadline.

When you turn to Van Sant Law, a lawyer can determine which limitation period applies to your circumstances and take steps to protect your claim before the deadline expires.

## Call Van Sant Law for Legal Advice About Georgia Distracted Driving Laws

Understanding Georgia’s distracted driving laws is important when another driver’s inattention causes you to sustain an injury. At the same time, knowing the law is only part of the process. A personal injury claim also involves evidence, causation, insurance, and deadlines.

At Van Sant Law, our attorneys have what it takes to identify every possible liable party in cases like yours. We’ll also focus on looking at all avenues of compensation available in your case. Our law firm has over five decades of combined experience representing Georgia injury victims.

Since 2008, we have recovered hundreds of millions in compensation on behalf of our clients. If you were injured in Georgia, Make the Right Call by contacting our law firm to discuss your circumstances and learn about your legal options.

Call or text [770-886-9199](tel:+17708869199) or complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/)

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Source: https://www.vansantlaw.com/faqs/what-are-the-georgia-distracted-driving-laws/