Being injured in a car accident because someone else was distracted by their phone is frustrating and unfair. If you’re recovering from injuries caused by a texting driver in Atlanta, it’s important to know your legal rights and what steps to take before pursuing a lawsuit. Georgia law offers protections for victims of distracted driving, and understanding these rules can help you make informed decisions moving forward.
Georgia’s Hands-Free Law Explained
In Georgia, drivers are required to follow strict rules about phone use behind the wheel. The Hands-Free Georgia Act makes it illegal to hold or physically support a phone while driving. This includes reading, writing, or sending texts, as well as checking email or browsing social media. The relevant statute—O.C.G.A. § 40-6-241—requires drivers to operate phones through voice commands or other hands-free methods only.
This law exists to prevent distractions that lead to serious collisions. For victims, proving the other driver broke this law can be a key part of a successful claim. It often involves collecting phone records, police reports, eyewitness statements, and, in some cases, footage from traffic or dash cameras.
Holding the Driver Accountable
To file a successful lawsuit, you’ll need to show that the other driver acted carelessly and that their behavior directly caused your injuries. In legal terms, this is called proving negligence. Under Georgia law (O.C.G.A. § 51-1-2), drivers owe others on the road a duty to use ordinary care. Texting while driving violates that duty.
Proving negligence means showing that the driver was distracted and that their distraction led to the crash. Evidence can include data from the driver’s phone, photos from the scene, and expert analysis. Even if the other driver denies using their phone, evidence may suggest otherwise.
If your case involves more than one vehicle or complex circumstances, an investigation can reveal important details. The goal is to establish fault clearly and support your right to compensation.
Types of Compensation You May Recover
Georgia law allows accident victims to seek financial recovery for both tangible and intangible losses. Medical bills, emergency care, rehabilitation costs, and lost wages are among the most common damages in these cases. If your injuries keep you from returning to work or reduce your ability to earn a living, you may also be compensated for future losses.
Beyond financial impacts, accidents can take a serious emotional and physical toll. Non-economic damages may include pain and suffering, anxiety, sleep disturbances, and reduced quality of life. While these are harder to calculate, they are no less real.
In cases where a driver’s actions show extreme disregard for others’ safety, you might also be eligible for punitive damages. These are intended to punish reckless conduct and discourage similar behavior.
Time Limits for Filing a Claim
Georgia’s statute of limitations for personal injury cases is typically two years from the date of the accident, based on O.C.G.A. § 9-3-33. That means you have two years to file a lawsuit or your right to pursue compensation may be lost.
Some exceptions exist. For example, if the victim is a minor, the deadline may be delayed until they reach adulthood. Still, it’s best not to wait. The longer you delay, the harder it can become to gather reliable evidence or locate key witnesses.
Acting early by consulting a texting while driving attorney helps preserve your ability to build a strong case. Medical records, vehicle damage, and other details are often easier to access shortly after a crash. Prompt action also sends a clear message to insurance companies that you’re serious about protecting your rights.
What Happens if You’re Partially at Fault?
It’s not uncommon for drivers to share some blame in an accident. Georgia follows a rule called modified comparative fault, which allows injured individuals to recover damages as long as they are less than 50% responsible for the crash.
According to O.C.G.A. § 51-12-33, if you’re found to be partially at fault, your compensation will be reduced by that percentage. For instance, if you were 20% at fault and awarded $100,000, you would receive $80,000.
This rule makes it especially important to clearly document how the other driver’s texting contributed to the accident. Even if the other party or their insurance company tries to deny the claim by arguing that you were distracted or made a mistake, solid evidence—like a timestamped text message or dashcam video—can help demonstrate the true cause of the crash.
Atlanta Texting While Driving Lawyer
If you’ve been hurt in a crash involving a texting driver in Atlanta, you don’t have to handle the aftermath on your own. Georgia law gives you the right to hold distracted drivers accountable, and an experienced personal injury lawyer can help you make sense of your options.
The Atlanta distracted driving accident attorneys at Butler Kahn are committed to helping victims seek justice and fair compensation. To speak with someone about your situation, contact Butler Kahn by calling (678) 940-1444 or reaching out online for a free consultation.
