Can You Sue the Person Who Was Texting?

Yes, if their texting caused the crash, you can sue them under Georgia’s civil laws. The lawsuit would be a personal injury claim based on negligence.

What Happens If You Were Also Partly at Fault?

Georgia uses a rule called modified comparative fault, which is explained in Georgia Code § 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.

What If the Driver Denies Everything?

Drivers don’t usually admit they were texting, especially if someone got hurt. But that doesn’t mean they’re off the hook.

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 § 9-3-33. If you wait too long and miss that two-year limit, you’ll likely lose the right to sue — even if the driver was clearly at fault.

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’ll need to show they broke the law (Georgia Code § 40-6-241), that they weren’t acting with reasonable care (Georgia Code § 51-1-2), and that their actions directly caused your injuries. If successful, you may be entitled to compensation — even if you were partly to blame, as long as your share of fault is under fifty percent (Georgia Code § 51-12-33).

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