[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/could-you-sue-someone-for-texting-while-driving\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/could-you-sue-someone-for-texting-while-driving\/","headline":"Could You Sue Someone for Texting While Driving?","name":"Could You Sue Someone for Texting While Driving?","description":"Texting while driving is illegal in Georgia \u2014 and if someone hit you because they were on their phone, you can sue them. Georgia law gives you that right. But knowing that isn’t always enough. You also need to understand what the law says, what has to be proven, and what steps are involved if… Continue reading Could You Sue Someone for Texting While Driving?<\/span><\/a>","datePublished":"2025-08-20","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/03\/driving-while-texting.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/03\/driving-while-texting.jpg","height":667,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/could-you-sue-someone-for-texting-while-driving\/","about":["Auto Accident"],"wordCount":1178,"articleBody":"Texting while driving is illegal in Georgia \u2014 and if someone hit you because they were on their phone, you can sue them. Georgia law gives you that right. But knowing that isn’t always enough. You also need to understand what the law says, what has to be proven, and what steps are involved if you decide to file a claim.Here\u2019s what matters under Georgia law when you\u2019re trying to hold a texting driver accountable.What the Law Says About Texting and Driving in GeorgiaGeorgia\u2019s Hands-Free Law, officially written as Georgia Code \u00a7 40-6-241, makes it illegal for drivers to hold or support a phone with any part of their body while driving. That includes texting, emailing, watching videos, or checking apps. Even holding the phone at a red light counts \u2014 if you’re on a public road and the vehicle is in operation, you can\u2019t have the phone in your hand.Instead, the law requires phones to be used with hands-free technology \u2014 like Bluetooth or voice commands. Holding the phone, even for just a second, is a violation.This law matters in a lawsuit because it sets a clear rule for safe driving. If someone broke that rule and hit you, it can be strong evidence that they weren\u2019t being careful \u2014 which is key to proving they were at fault.How Texting While Driving Connects to Fault and NegligenceIn a civil lawsuit, you can only recover money if you can prove that the other driver was \u201cnegligent.\u201d That means they weren\u2019t as careful as they should have been under the circumstances. Georgia defines negligence in Georgia Code \u00a7 51-1-2 as the absence of \u201cordinary diligence\u201d \u2014 meaning they didn\u2019t do what a reasonably careful driver would have done.Using a phone behind the wheel violates Georgia\u2019s traffic safety laws. If that distraction caused a crash, it\u2019s not just a ticket \u2014 it\u2019s negligence. That opens the door for you to file a claim.It\u2019s not enough to say the other driver was careless. You have to show that their decision to text or use their phone was a direct cause of your injuries. If they were texting while rear-ending you, for example, you\u2019ll need to prove both the texting and how it caused the crash.What Evidence Is Needed to Prove the Driver Was TextingProving the other driver was using their phone can be straightforward, or it can take some digging. There are several ways to do it:Phone records: If a lawsuit is filed, it\u2019s often possible to request the driver\u2019s phone data through a subpoena. These records can show if a message was sent or received right before the crash.Police reports: If the officer at the scene suspected phone use, that should be in the police report. In some cases, drivers admit it on the spot.Witness statements: Someone may have seen the other driver on their phone in the moments before the crash.Video footage: Nearby traffic cameras, business security cameras, or dash cams may show what happened.Even if the driver denies texting, this kind of evidence can make the truth clear.Can You Sue the Person Who Was Texting?Yes, if their texting caused the crash, you can sue them under Georgia\u2019s civil laws. The lawsuit would be a personal injury claim based on negligence.You\u2019d be asking the court to order the other driver (or more likely, their insurance company) to pay for the harm you suffered \u2014 things like medical bills, lost wages, and pain from the injuries.The fact that the driver broke a safety law \u2014 in this case, Georgia Code \u00a7 40-6-241 \u2014 helps your case. Georgia courts recognize that violating a traffic law can be strong evidence of fault in a civil case.What Happens If You Were Also Partly at Fault?Georgia uses a rule called modified comparative fault, which is explained in Georgia Code \u00a7 51-12-33. That means you can still recover money as long as you were less than 50% responsible for the crash. If you were partly at fault, your recovery would be reduced by your share of the blame.For example, if you were 20% responsible and your total damages were $100,000, you\u2019d receive $80,000. But if you were 50% or more at fault, you wouldn\u2019t receive anything under Georgia law.That\u2019s why it\u2019s important to show clear proof that the texting driver was the main cause of the crash \u2014 not you.What If the Driver Denies Everything?Drivers don\u2019t usually admit they were texting, especially if someone got hurt. But that doesn\u2019t mean they\u2019re off the hook.Phone records, video footage, and other types of evidence can still prove what happened. Even without direct proof of texting, the driver\u2019s behavior \u2014 delayed braking, drifting across lanes, or failing to stop \u2014 can suggest distraction.If the timing lines up, and other facts back it up, a jury can still conclude the driver was using their phone. The law doesn\u2019t require a smoking gun \u2014 it just requires evidence that more likely than not, the driver was negligent.Does Georgia Law Set a Deadline for Filing a Lawsuit?Yes. In Georgia, you usually have two years from the accident date to bring a personal injury lawsuit under Georgia Code \u00a7 9-3-33. If you wait too long and miss that two-year limit, you\u2019ll likely lose the right to sue \u2014 even if the driver was clearly at fault.There are very limited exceptions. For example, if the injured person is a minor, the clock may not start until they turn eighteen. But in most cases, the two-year rule applies without exception.Because of that, it\u2019s best not to wait. Evidence can disappear, and witnesses can forget details. The sooner you act, the easier it is to build a solid case.So, Can You Sue Someone for Texting While Driving?Yes, you can sue a driver who was texting if their distraction caused a crash that injured you. Georgia law supports this kind of claim. You\u2019ll need to show they broke the law (Georgia Code \u00a7 40-6-241), that they weren\u2019t acting with reasonable care (Georgia Code \u00a7 51-1-2), and that their actions directly caused your injuries. If successful, you may be entitled to compensation \u2014 even if you were partly to blame, as long as your share of fault is under fifty percent (Georgia Code \u00a7 51-12-33).It\u2019s not always easy, and every case is different. But if you were hit by someone who was more focused on their phone than the road, you have legal options \u2014 and a right to hold them accountable.Atlanta Texting While Driving LawyerIf you\u2019ve been injured in a crash caused by someone who was texting behind the wheel, you may have the right to take legal action and recover compensation. To understand your rights and options, contact Atlanta car accident attorneys at Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Could You Sue Someone for Texting While Driving?","item":"https:\/\/butlerfirm.com\/blog\/could-you-sue-someone-for-texting-while-driving\/#breadcrumbitem"}]}]