An Epidemic on Georgia’s Roads

Distracted driving has become a crisis on our roads, transforming routine commutes into high-stakes gambles. In Georgia, the numbers paint a stark and sobering picture. According to the Governor’s Office of Highway Safety, distracted driving played a role in over half of all motor vehicle crashes in the state in 2022. These aren’t just statistics; they represent families torn apart, lives irrevocably changed, and a public safety issue that demands our full attention.

For decades, the legal system has worked to hold negligent drivers accountable. But as new technologies and habits emerge, the definition of negligence has evolved. At The Embry Law Firm, we understand this changing landscape. Our mission is to protect the rights of those injured by careless and distracted drivers and to ensure they receive the justice and compensation they deserve.

Bethaney Embry Jones and her team are some of Georgia’s Most Experienced Personal Injury, Car Accident, Car Crash and Workers’ Compensation Lawyers. $40+ Million Recovered. 4000+ Families Helped.

The Dangers of Distracted Driving and Georgia’s Legal Response

Distracted driving is not just about using a cell phone. The National Highway Traffic Safety Administration (NHTSA) categorizes distractions into three main types:

• Visual: Taking your eyes off the road.

• Manual: Taking your hands off the steering wheel.

• Cognitive: Taking your mind off the task of driving.

Texting while driving is particularly perilous because it combines all three of these distractions. A five-second glance at a text message is like driving the length of a football field with your eyes closed at 55 mph. This brief moment of inattention can have catastrophic consequences.

The Hands-Free Georgia Act

In response to the alarming rise in distracted driving incidents, Georgia enacted the Hands-Free Georgia Act in July 2018. This law, codified under O.C.G.A. § 40-6-241, is a comprehensive effort to curb the use of electronic devices behind the wheel. The law makes it illegal for drivers to hold or support a wireless device with any part of their body while operating a vehicle. This includes:

• Sending or reading text messages, emails, or social media content.

• Watching or recording videos (continuously running dash cams are exempt).

• Dialing a phone number or using a phone app while the device is in your hand.

While hands-free devices are permitted, the law still prohibits any activity that takes your attention away from the road. The penalties for violating this law are a fine of up to $50 and one point on your license for the first offense, escalating to a $150 fine and three points for a third or subsequent offense within a 24-month period.

Proving Negligence and Seeking Compensation in Distracted Driving Cases

After a crash, proving that the other driver was distracted is often the most critical and challenging part of a personal injury claim. Insurance companies will often try to downplay the role of distraction or shift blame to the victim. However, a skilled legal team knows how to build a strong case.

The Role of a Car Accident Lawyer

A dedicated personal injury lawyer can be instrumental in gathering the evidence needed to prove negligence. This evidence may include:

• Police Reports: The investigating officer may note signs of distracted driving or an admission of guilt from the at-fault driver.

• Witness Statements: Eyewitnesses can provide crucial testimony about the driver’s behavior just before the crash.

• Cell Phone Records: Through a court-ordered subpoena, an attorney can obtain the driver’s phone records to see if they were texting or on a call at the time of the accident.

• Surveillance and Dashcam Footage: Traffic cameras or dashcams in nearby vehicles can provide video evidence of the crash and the driver’s actions.

• Vehicle Event Data Recorders (“Black Boxes”): Modern vehicles are equipped with these recorders, which can capture information about speed, braking, and steering inputs in the moments leading up to a crash.

When a driver is found to be in violation of the Hands-Free Georgia Act, it can be used as strong evidence of negligence in a civil case. This is a powerful tool for holding the at-fault party responsible for their actions.

The Devastating Impact on Victims and the Damages You Can Claim

The consequences of a distracted driving accident go far beyond a damaged vehicle. Victims often suffer severe injuries, including traumatic brain injuries, spinal cord damage, broken bones, and internal injuries. These injuries can lead to a lifetime of pain, disability, and emotional trauma.

If you have been injured by a distracted driver, Georgia law allows you to seek compensation for a variety of damages, including:

• Medical Expenses: This covers everything from emergency room visits and hospital stays to long-term physical therapy and future medical care.

• Lost Wages and Earning Capacity: You can be compensated for the income you lost while recovering from your injuries and for any future income you may be unable to earn due to a permanent disability.

• Pain and Suffering: This category of damages is meant to compensate you for the physical and emotional distress caused by the accident, including anxiety, depression, and a reduced quality of life.

• Property Damage: You are entitled to be compensated for the cost of repairing or replacing your vehicle.

In cases where the distracted driver’s actions were particularly reckless or malicious, it may even be possible to seek punitive damages, which are intended to punish the at-fault party and deter similar conduct in the future.

Conclusion

Distracted driving is a public health crisis that continues to threaten the safety of Georgia’s roads. While laws like the Hands-Free Georgia Act are a step in the right direction, the ultimate responsibility lies with every driver to stay alert and focused on the task of driving.

If you or a loved one has been a victim of a distracted driving accident, you do not have to face the legal and financial burdens alone. The Embry Law Firm is committed to helping you navigate the complexities of the legal system, fight against unfair insurance company tactics, and secure the compensation you need to heal and move forward. We believe that by holding distracted drivers accountable, we can make our roads safer for everyone. Contact us today for a consultation to discuss your case and learn how we can help.