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Distracted driving has become one of the leading causes of serious car accidents across the country. Georgia took direct aim at the problem when it passed the Hands-Free Law in 2018. The law changed what drivers can legally do with their phones behind the wheel, and it also changed how fault is analyzed when a distracted driver causes a crash. Understanding both sides of that equation matters whether you’re trying to stay compliant or trying to recover compensation after someone else’s negligence hurts you.
The personal injury attorneys at Eric Sterling Law Firm represent accident victims throughout Georgia, including those hurt by distracted and inattentive drivers. If you’ve been injured in a crash and suspect the other driver was on their phone, call us today at 844-48-ES LAW to discuss your case.
Georgia’s Hands-Free Law took effect on July 1, 2018. It significantly expanded restrictions on how drivers can use mobile devices while operating a vehicle, going well beyond earlier laws that targeted only texting.
Under the law, drivers are prohibited from holding or supporting a phone or standalone electronic device with any part of their body while driving. They cannot send or read any text-based communication, watch or record video, or reach for a device in a way that requires them to leave a seated position or unbuckle a seatbelt.
What drivers are permitted to do is more limited than many people realize. Hands-free use through Bluetooth, earpieces, speakerphone placed on a seat or mount, or built-in vehicle technology is allowed. Single-touch or voice-activated functions are also permitted as long as the phone is not being held. GPS navigation is allowed when a device is mounted and the route has been set before the vehicle is in motion.
Violations of Georgia’s Hands-Free Law carry escalating penalties:
Points accumulate toward license suspension, and if a violation contributes to an accident, the consequences extend well beyond traffic fines into civil liability.
Distracted driving is one of the leading causes of serious crashes on Georgia roads, and understanding how it happens can make a real difference in preventing accidents. At Eric Sterling Law Firm, we see firsthand how quickly a moment of inattention can turn into life‑changing injuries or loss.
Distraction behind the wheel falls into three categories: visual distractions that take your eyes off the road, manual distractions that take your hands off the wheel, and cognitive distractions that take your mind off driving.
Phone use is particularly dangerous because it often involves all three simultaneously. Other common distractions include eating and drinking, adjusting vehicle controls, conversations with passengers, and looking at navigation screens.
Research has consistently shown that using a handheld phone while driving slows reaction time to a degree comparable to driving at the legal limit for alcohol impairment. At highway speeds, even a five-second glance at a phone means traveling the length of a football field without looking at the road. That gap in attention is often all it takes for a collision to occur.
Georgia consistently ranks among the states with higher rates of distracted driving fatalities. The Georgia Department of Driver Services has documented thousands of accidents annually in which distraction was identified as a contributing factor.
In the years following the Hands-Free Law’s passage, enforcement activity increased significantly, but distracted driving accidents remain a serious and persistent problem on Georgia roads.
Distracted driving is a major factor in Georgia car accident cases, and the Hands‑Free Law has changed how negligence is proven in these claims. At Eric Sterling Law Firm, we use this law, along with phone records and other evidence, to help victims show that a distracted driver failed to meet the legal standard of care and should be held accountable.
Georgia’s Hands-Free Law gives our personal injury attorneys a powerful tool when pursuing claims against distracted drivers. A violation of the law can be used as evidence of negligence per se, meaning that breaking the statute is itself evidence that the driver failed to meet the legal standard of care. This can potentially strengthen a victim’s claim without requiring extensive additional proof of careless behavior.
Phone records are among the most valuable pieces of evidence in a distracted driving case. Call logs, text timestamps, and app activity can all be subpoenaed to establish whether a driver was using their phone at the moment of the crash. Dashcam footage, witness statements, and police reports that document a driver holding a phone also play an important role. Preserving and obtaining this evidence quickly is one of the most important steps an attorney can take after a distracted driving accident.
Georgia follows a modified comparative fault rule, which means that an injured party can recover compensation as long as they are less than 50% responsible for the accident. If a distracted driver caused the crash, evidence of their phone use directly supports assigning fault to them rather than to the victim. Insurance companies may still attempt to shift some blame to the injured party, which is one of the reasons having experienced legal representation matters in these cases.
If you’ve been involved in an accident you believe was caused by a distracted driver, the steps you take immediately afterward can significantly affect your ability to recover compensation:
Distracted driving cases require a specific kind of investigation that goes beyond a standard accident claim. An experienced car accident attorney can subpoena phone records before they are lost or destroyed, work with accident reconstruction experts, identify and preserve surveillance footage, and build a case that holds the distracted driver fully accountable for the harm they caused.
Whether your accident involved a car, truck, or motorcycle, distracted driving cases involve the same core legal principles and the same need for thorough evidence gathering. Having an attorney who understands how to use Georgia’s Hands-Free Law as part of your claim can make a meaningful difference in the outcome.
For nearly a decade, Eric Sterling has been helping the people in his community seek justice. Whether through shrewd negotiation or smart, thoughtful arguments in court. No one deserves to feel like they have been forgotten after an accident or that the insurance company has lowballed them on the life saving compensation they need to secure their future. Eric Sterling will work hard to secure your compensation and give you the chance to get your life back on track.
If you or someone you love was injured in an accident caused by a distracted driver in Georgia, Eric Sterling Law Firm is ready to help. We offer free consultations so you can understand your legal options without any financial pressure, and we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact us at 844-48-ES LAW today to schedule your free consultation and speak with a Georgia personal injury lawyer who will fight for the compensation you deserve.
