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Distracted driving is one of the leading causes of car accidents in Georgia and throughout the country. According to the National Highway Traffic Safety Administration (NHTSA), 3,275 individuals were killed by distracted driving in a recent year. These accidents also frequently leave victims with severe injuries requiring extensive medical treatment.
If you were injured in a crash caused by a distracted driver, understanding your rights and Georgia’s hands-free law is the first step toward seeking compensation. The hands-free law combats distracted driving in the state by penalizing drivers who use handheld devices while operating their vehicles.
Actions Prohibited While Driving Under Georgia’s Hands-Free Law
Georgia’s hands-free law can be found in GA Code Section 40-6-241. This law says that drivers shouldn’t engage in actions that distract them from the safe operation of their vehicles, and it specifically targets wireless communication devices like cell phones. Under this law, motorists are prohibited from taking the following actions while driving:
- Physically holding or supporting an electronic device with any part of their body
- Writing, sending, or reading text messages, e-mails, and other text-based communications without the use of a hands-free device
- Watching videos or movies
- Recording or broadcasting videos, with the exception of dashboard cameras used for continuous monitoring
- Using more than a single button on a wireless device to initiate or terminate a voice call
- Reaching for a device in a way that prevents them from remaining in a seated driving position or being properly restrained by their seat belt
How the Hands-Free Law Could Impact Your Car Accident Claim
The hands-free law could be instrumental in establishing that the driver who struck you was at fault for the accident. Accident victims in Georgia typically file their auto insurance claims with the at-fault driver’s insurance provider. Because of this, establishing which party is to blame for the accident is essential.
If you can provide evidence that the other driver was using their cell phone leading up to the accident, it will be difficult for their insurance company to claim they weren’t the primary or sole cause of the crash.
The Role of Modified Comparative Negligence
GA Code Section 51-12-33 details the state’s modified comparative negligence law. Under this comparative negligence law, a victim’s compensation may be reduced by a percentage equal to their degree of fault for the accident that harmed them. Georgia’s modification to this law states that if the victim is more than 49 percent at fault, they cannot recover any compensation.
In some cases, the hands-free and the modified comparative negligence laws may both apply to your case. For example, the insurance company may claim that you are partially at fault for the accident because you were talking on the phone when the crash occurred. A car accident lawyer can gather the evidence needed to push back against such claims from the insurance company.
Proving That Distracted Driving Contributed to the Accident
To prove that distracted driving contributed to the accident that injured you, you need various types of evidence. Some of the most effective evidence that a car accident lawyer can obtain includes:
- Traffic camera footage that clearly shows the driver holding their phone
- Eyewitness statements from individuals who claim to have seen the driver using their phone
- Cell phone records that show the driver was sending or receiving calls or texts leading up to the crash
Contact Our Macon, Georgia, Car Accident Lawyer
Contact Joshua E. Palmer Law Firm for a free consultation with an experienced Macon, Georgia, car accident lawyer about your case. We’ll review the accident details, go over your options for seeking compensation, and explain how the hands-free law may play a role in helping you secure that compensation. Call today.
