[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/is-texting-while-driving-considered-gross-negligence\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/is-texting-while-driving-considered-gross-negligence\/","headline":"Is Texting While Driving Considered Gross Negligence?","name":"Is Texting While Driving Considered Gross Negligence?","description":"If you\u2019ve been injured in a crash because another driver was texting behind the wheel, you may be wondering how Georgia law looks at that kind of behavior. It\u2019s already clear that texting while driving is careless\u2014but is it gross negligence? In Georgia, the difference between \u201cordinary negligence\u201d and \u201cgross negligence\u201d matters. The law treats… Continue reading Is Texting While Driving Considered Gross Negligence?<\/span><\/a>","datePublished":"2025-08-18","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\/02\/texting-while-driving.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/02\/texting-while-driving.jpg","height":563,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/is-texting-while-driving-considered-gross-negligence\/","about":["Negligence"],"wordCount":1097,"articleBody":"If you\u2019ve been injured in a crash because another driver was texting behind the wheel, you may be wondering how Georgia law looks at that kind of behavior. It\u2019s already clear that texting while driving is careless\u2014but is it gross negligence?In Georgia, the difference between \u201cordinary negligence\u201d and \u201cgross negligence\u201d matters. The law treats them differently, and it can affect your case and your rights. Below, we\u2019ll explain what gross negligence really means under Georgia law and whether texting while driving fits that definition.What Does Georgia Law Say About Gross Negligence?Gross negligence isn\u2019t just a serious version of negligence\u2014it\u2019s legally a different standard.Georgia law, under Georgia Code \u00a7 51-1-4, says that gross negligence is the \u201cabsence of slight diligence.\u201d The law explains that \u201cslight diligence\u201d is the kind of minimal care that even a generally inattentive person of common sense would use in a similar situation. If someone fails to use even that low level of care, Georgia law considers it gross negligence.In other words, gross negligence means a complete lack of care, not just a mistake or poor judgment. It\u2019s when someone does something so dangerous and thoughtless that it shows they didn\u2019t care about the risks they were creating for others.How Georgia Law Treats Texting While DrivingTexting while driving is against the law in Georgia. The Hands-Free Georgia Act, found in Georgia Code \u00a7 40-6-241, makes it illegal to hold a phone or physically support it while driving. That includes sending or reading texts, checking email, or using social media. Drivers must use voice commands or hands-free systems.Breaking this law is considered a traffic violation and can be used as evidence that a driver was not using ordinary care. But for something to be gross negligence, we\u2019re talking about something worse\u2014behavior that crosses the line from careless to reckless.Does Texting While Driving Count as Gross Negligence?Here\u2019s the core question: Does texting while driving count as gross negligence in Georgia? The answer depends on the facts of each case.Texting while driving could be considered gross negligence if the driver\u2019s behavior showed a complete disregard for safety\u2014the kind of behavior that goes beyond ordinary distraction or inattention.Here\u2019s how to think about it under Georgia law:Negligence is failing to use reasonable care, like glancing down at your phone at a red light and not seeing traffic moving.Gross negligence is failing to use even the smallest amount of care, like texting while speeding through a crowded intersection or driving through a school zone.The more dangerous the circumstances, the more likely a court may find that the texting driver\u2019s actions amounted to gross negligence.Examples of Gross NegligenceA court in Georgia might look at all the facts before deciding whether the driver was grossly negligent. Some things that could tip the scale include:The driver was going over the speed limit while texting.The driver had both hands off the wheel to type a message.The area was especially dangerous\u2014like near pedestrians, in heavy traffic, or during bad weather.The driver had been warned before or had a history of similar violations.In those types of situations, the driver\u2019s behavior could be seen as showing no regard for other people\u2019s safety, which is what Georgia Code \u00a7 51-1-4 is really talking about when it uses the term \u201cgross negligence.\u201dWhy It Matters If Gross Negligence AppliesThe difference between negligence and gross negligence isn’t just about words\u2014it can have a real impact on your case.Under Georgia law, proving gross negligence could affect:How a jury sees the case: A driver who was just careless may get some sympathy. But a driver who acted with complete disregard for safety is more likely to be held fully responsible.The types of damages available: In extreme cases, a driver\u2019s conduct may open the door to punitive damages.The overall strength of your claim: If you can show that the other driver didn\u2019t even try to exercise minimal care, it can make your case stronger\u2014especially if the driver tries to blame you.What About Intent?You might wonder if gross negligence requires the driver to have meant to cause harm. The answer is no. Gross negligence doesn\u2019t require intent.Instead, the focus is on whether the driver\u2019s actions were so reckless and thoughtless that they showed an absence of slight diligence, as the law puts it. It\u2019s not about what the driver was trying to do\u2014it\u2019s about what they failed to do and how dangerous that failure was.So if a driver made a choice to text and ignore the road\u2014even if they didn\u2019t mean to crash into you\u2014a court could still find that their actions were grossly negligent.What Kind of Evidence Can Help Prove Gross Negligence?To show that texting while driving was gross negligence, it helps to have strong, clear evidence. This could include:Phone records showing the exact time a text was sent or receivedDashcam or traffic camera footagePolice reports that mention phone use or the driver’s admissionWitnesses who saw the driver looking at or using their phoneAccident reconstruction experts who can explain what the driver should have seen and doneThis kind of proof can help show that the driver wasn\u2019t just distracted\u2014but that they completely ignored the risk they were creating.Not Every Case QualifiesIt\u2019s important to understand that not every case of texting while driving is gross negligence. If a driver briefly looked at their phone in stop-and-go traffic, it may be negligence but not gross negligence. Courts take a close look at all the circumstances, including where, how, and when the texting occurred.Still, if the facts show the driver took risks that no reasonable person would take\u2014especially if those risks were obvious\u2014then gross negligence may apply.Atlanta Texting While Driving LawyerIf you were hurt because another driver was texting and not paying attention, you deserve answers. Depending on the facts, that driver\u2019s behavior may go beyond negligence and rise to gross negligence under Georgia law. That can make a big difference in how your case is handled and what kind of justice you can pursue. To understand your options and protect your rights, contact experienced Atlanta car accident lawyers 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":"Is Texting While Driving Considered Gross Negligence?","item":"https:\/\/butlerfirm.com\/blog\/is-texting-while-driving-considered-gross-negligence\/#breadcrumbitem"}]}]