Georgia hands-free law changes how fault is established in a car crash. If the defendant was operating a cell phone when the crash took place, that alone will cause him to be found at fault. In this article, we will highlight the impact of this legislation on your injury claim through five points. You’ll learn how citations, phone records, and fault percentages connect. Understanding these details helps you build a stronger case from day one.
Contents
- 1 1. Negligence Per Se Makes Fault Easier to Prove
- 2 2. Cell Phone Records Subpoena Can Confirm Distracted Driving
- 3 3. Texting While Driving Penalties Affect Case Value
- 4 4. Comparative Negligence Can Reduce Your Compensation
- 5 5. Choosing the Right Legal Team Protects Your Claim
- 6 Protecting Your Rights After a Distracted Driving Crash
- 7 Frequently Asked Questions
1. Negligence Per Se Makes Fault Easier to Prove
Georgia treats certain traffic violations as automatic proof of fault in civil cases. Negligence per se means a driver automatically breached their duty of care. This happens when they violated a safety statute, like Georgia’s phone-use driving law. Under O.C.G.A. § 40-6-241, holding a phone while driving is illegal statewide. If a driver was cited for this violation, you may not need to prove carelessness separately in your civil claim.
2. Cell Phone Records Subpoena Can Confirm Distracted Driving
It serves as good proof already, but mobile phone data brings everything full circle. The cell phone records subpoena frequently becomes the crucial piece of proof. The proof consists of showing the times that calls, texts, and mobile applications were used while driving. It helps determine whether the driver was using the phone in violation of traffic laws. Such subpoenas are allowed when there is a reasonable suspicion of device use. Insurance companies seldom contest any proof of timestamp in case of an accident. Your lawyer can get these records well ahead of time because the carriers destroy them after that period.
3. Texting While Driving Penalties Affect Case Value
In Georgia, texting while driving penalties increase with each additional violation. The fine for a first offense can reach $50, and the penalty point is 1. A second offense will earn an offender 2 penalty points, with the fine being $100. If a driver is convicted of a third offense within 24 months, the fine increases to $150, with 3 penalty points, according to the Georgia Governor’s Office of Highway Safety. It is not enough to know that these penalties are relevant in the context of traffic court. A documented citation supports your claim under Georgia distracted driving law. It shows the at-fault driver ignored a known safety requirement.
| Offense | Fine (Up To) | License Points |
|---|---|---|
| First | $50 | 1 point |
| Second | $100 | 2 points |
| Third or later | $150 | 3 points |
Source: Georgia Governor’s Office of Highway Safety.
4. Comparative Negligence Can Reduce Your Compensation
Georgia applies a modified comparative negligence system for injury claims. It is possible to get compensation when your fault is below 50%. However, your compensation will be decreased accordingly with the percentage of your fault. Thus, it is highly valuable to have documentation that demonstrates the other driver’s negligence under Georgia’s distracted driving laws. The proof of phone usage by the other driver will help ensure that your compensation is not reduced because of the comparison of your fault to that of the other party.
5. Choosing the Right Legal Team Protects Your Claim
Not every personal injury attorney knows how to build a case around a hands-free citation. A skilled distracted driving accidents law firm in Georgia understands how to utilize such laws. They will subpoena the records before it is too late and the evidence is lost. They know how to connect such a citation to a negligence per se case that adjusters respect. They are also familiar with the comparative negligence defenses that insurance companies will try in court.
Working with the Chalker Injury Law auto accident team in Alpharetta provides you with proper representation right from the start. Our Sandy Springs auto accident attorneys and Milton auto accident lawyers apply the same approach locally. Choosing counsel familiar with the hands-free Georgia Act can change your outcome.
Protecting Your Rights After a Distracted Driving Crash
Georgia hands free law creates leverage for the accident victim in any negligence claim. This is because the citation becomes a crucial piece of liability proof in such cases. All the different aspects of your case – phone usage records, penalties, and comparative negligence – come into play to determine what level of compensation you can receive from the insurer of the liable driver.
Skilled legal representation ties every one of these separate threads together into one coherent, well-supported claim. A Georgia hands-free law violation by the other driver strengthens your case significantly. Chalker Injury Law has spent over 35 years fighting for North Metro Atlanta accident victims. Our attorneys in Alpharetta can review your crash details today. Call (678) 319-9991 or visit our contact page for a free consultation.
Frequently Asked Questions
Is using or holding a phone while driving illegal in Georgia?
Yes, under the Georgia Hands-Free Law, it is illegal to hold a phone while driving.
Can a hands-free law violation prove fault in a car accident?
Yes, the citation can be used for negligence per se, which makes proving fault easier.
What are the penalties for texting while driving in Georgia?
Fines range from $50 to $150, with points added for repeat offenses.
