If you drive in Georgia, you’re probably guilty of this behavior at least once. Your attention is on everything but your driving. Whether it’s taking your hands off the wheel for a second, looking at anything other than the road, or simply letting your mind wander, you’re driving distracted.
While the common causes of distracted driving accidents vary from gawking at a vehicle accident to sipping coffee on your way to work, something typically stays the same. If you’re involved in a car collision with a distracted driver you probably have plenty of questions about filing a personal injury claim.
Can I Have My Phone in My Hand While Driving in Georgia?
Have you dreamed about unplugging from your phone, just for a little bit? If you need a break from the constant alerts and phone calls, hop in your vehicle. The Peach State has a fairly strict law regarding driving and cell phone use.
In Georgia, it’s illegal to hold your phone when you’re behind the wheel. Nope, you can’t even touch your phone as long as you’re driving.
Are Earbuds Legal When Driving in Georgia?
You can text and talk on the phone as long as your hands are on the wheel. Go ahead and connect your smartphone to your vehicle. Most newer model vehicles come standard with the handy feature.
Since trying to hear a conversation over road noise is tough, Georgia lets drivers put in a single earbud. Don’t wear two earbuds while driving, it’s illegal. However, you can wear one earbud and still be within the law.
What Behaviors Count As Distracted Driving in Georgia?
The Peach State considers just about any behavior that takes your attention away from the road distracted driving. Like other states with distracted driving laws, Georgia gets its guidance from the National Highway Traffic Safety Administration (NHTSA).
Did you know distracted driving claimed over 3,000 lives nationwide in 2022? Even though the number is lower on a state-by-state basis, this statistic is prompting states like Georgia to put distracted driving laws on the books.
The list of possible behaviors that count as distracted driving is enormous. To help simplify things, distracted driving is usually broken down into three categories:
- Cognitive distractions: This can be anything from daydreaming to paying attention to anything other than your driving. Having a conversation with someone in your vehicle can be a cognitive distraction if your mind isn’t on your driving.
- Physical distractions: Eating, drinking, and talking on the phone are all examples of physical distractions. Basically, any activity that forces you to take even one hand off the steering wheel can be considered a physical distraction.
- Visual distractions: These types of distractions happen when you take your eyes off the road. Rubbernecking at a car accident or looking at your phone are considered visual distractions.
Will I Get a Traffic Ticket If I’m Caught Using My Cell Phone Behind the Wheel?
Since the Peach State has made it illegal to drive and use a handheld device, you’re probably getting a ticket if you’re caught. Yep, law enforcement can pull you over if they suspect distracted driving. The fine for your first offense is $50 and you get one point on your driver’s license.
Fines jump to $100 for your second distracted driving offense. You’re also getting two points on your driver’s license. If you still haven’t learned your lesson and are pulled over for a third time, fines are $150 and you’re getting three points on your driver’s license.
Can I Recover Compensation If My Vehicle is Hit By a Distracted Driver?
Distracted driving accidents are often covered under personal injury law guidelines. This usually means you can file an injury claim if your car accident is caused by a distracted driver. Even the steps for filing an insurance claim aren’t too complicated.
However, before you can file a compensation claim, you’re going to need to prove fault. This means addressing the key elements of negligence, it’s the cornerstone of your distracted driving claim. If you can’t show the other driver is liable for your vehicle collision, you may be dependent on your insurance provider to cover your damages.
How Do I Prove Fault in a Georgia Distracted Driving Accident Claim?
Proving fault means meeting four key elements. You must show the other driver owes you a duty of care and they breached this duty. The other two elements of negligence are causation and damages. Essentially, you’re showing the at-fault driver’s actions are the direct cause of the accident and your resulting damages.
While this can sound pretty simple, proving the other driver was distracted when the accident occurred isn’t always easy. After all, you’re not sitting beside the driver filming their every action. This means you’re going to need to do a bit of detective work.
Eyewitness testimony can be crucial. They may have seen the other driver talking on their cell phone or even trying to put on makeup when traffic is slow. Don’t forget about video surveillance cameras. Most homes and businesses have some type of security system, even if it’s only a doorbell camera.
Traffic cameras are also scattered throughout Georgia. Make a note of any cameras in the area. Your personal injury attorney can subpoena the footage as evidence in your distracted driving accident claim.
Something you never want to forget is immediately reporting a distracted driving accident. Even if state law doesn’t require immediate reporting, you should still alert the authorities. Immediately reporting the collision can make it a little easier to prove the other driver wasn’t paying attention when the accident occurred.
Should I Hire a Georgia Car Accident Attorney?
This is an easy question to answer, especially after a distracted driving accident. You should plan on working with an experienced Georgia personal injury lawyer.
Your attorney can help establish fault and prove the other driver’s lack of attention is the cause of your vehicle accident. Your attorney can also help ensure the claim process goes as smoothly as possible.
