You may have seen it through the windshield or in the mirror: the other driver's head tilted down, a phone in hand, right before the crash. Under the Hands-Free Georgia Act, that driver may have broken the law. But proving it takes more than your word, and the proof that matters most can disappear.
This guide from Huggins Accident Injury Lawyer, attorney Gary D. Huggins's office in Perimeter Center, explains what the law bans, how phone use is proven in a distracted driving claim, and what that proof changes about fault.
What does the Hands-Free Georgia Act prohibit?
Since July 1, 2018, O.C.G.A. § 40-6-241 has barred Georgia drivers from:
- Holding or supporting a phone, or another stand-alone electronic device, with any part of the body
- Writing, sending or reading texts, emails, social media posts or other internet data
- Watching video, other than navigation data
- Recording or broadcasting video, except with a dash camera that records continuously
The rule applies at red lights and stop signs, too. According to the Governor's Office of Highway Safety (GOHS), it covers vehicles stopped on a road at a traffic signal or stop sign.
Drivers may still talk hands-free through an earpiece, headphones, the car's speakers or a smartwatch, use voice-to-text and follow navigation. GOHS says music apps have to be set up before the trip, because touching the phone to start one on the road isn't allowed.
The phone rules don't apply while a driver is lawfully parked or reporting a crash, fire, medical emergency, crime or serious road hazard, or to first responders and utility workers on duty. According to GOHS, a first conviction brings a $50 fine and one point on the license; repeat convictions within 24 months bring $100 and two points, then $150 and three.
The statute also sets a broader duty. Every Georgia driver must exercise due care and avoid any action that distracts from driving safely (§ 40-6-241(b)). So distraction claims aren't limited to phones; eating, reaching for something or fiddling with a dashboard screen may also break that duty.
Commercial drivers face tighter rules. GOHS notes that under Georgia's law they may use only a single button to start or end a call, and may not reach for a phone in a way that takes them out of a seated, belted position. The Federal Motor Carrier Safety Administration also bars hand-held phone use by commercial drivers, and carriers may not allow or require it, which matters in truck accident claims.
Think the driver who hit you was on a phone? Call (240) 421-5511 now. Video and phone data don't wait, and Gary can move quickly to have them preserved.
How is phone use proven in a Georgia injury claim?
A driver who was texting may not say so. Proof usually comes from several sources that point the same way.
A preservation letter comes first
A preservation letter is a written demand that the other driver, their insurer and, if the driver was working, their employer keep the evidence: the phone, account records, vehicle data and any video. It should go out early, before a phone is traded in, a text thread is deleted or a camera records over the crash. Phone companies keep some records for only a limited time, too.
Phone company records
Carrier records can show when calls, texts and data sessions happened. They usually don't show what a message said. To get another person's records, a lawyer typically has to file suit and request them through the court process.
The exact time of the crash is what makes those records useful. Your 911 call log, a time-stamped photo and the police report help line up the crash with the driver's phone activity, sometimes to the minute.
The phone, its apps and the car
With the driver's agreement or a court order, a forensic examiner can review the phone itself for screen activity, app use and message timestamps. Apps leave their own trail: social media posts carry timestamps, and rideshare and delivery apps can log when a driver accepted a trip. Some cars store call and text logs from a phone paired by Bluetooth, and some commercial fleets use driver-facing cameras.
Witnesses, video and the driver's own words
A driver beside you may have watched the other driver looking down for blocks. A passenger may have heard a notification just before impact. Business and dash-camera video can show what records can't, like a car drifting across a lane line or never braking.
Drivers sometimes admit it on the spot: “I only looked down for a second.” Write down any admission word for word and tell the officer. A police report isn't the last word on fault, because an officer's conclusion about blame is generally kept out of a trial. The facts inside, such as statements and witness names, still carry weight.
Remember a detail about the other driver's phone, or have a witness's number? Call (240) 421-5511 and give it to Gary while it's fresh.
What does a hands-free violation change about fault?
Proof that the other driver was holding a phone is powerful. Georgia law lets a person recover when someone breaks a legal duty meant to protect others and causes harm (O.C.G.A. § 51-1-6), and the Hands-Free law spells out duties every driver owes.
But a violation doesn't win the case on its own. You still have to connect the phone use to the crash and your injuries. Say the other driver had a phone in hand, but a third car ran a red light and caused the wreck. The phone didn't cause the crash, so it may not shift much blame.
Insurers also look hard at your conduct. Georgia uses modified comparative negligence: if your share of fault is below 50%, your award shrinks by that percentage, and if it hits 50%, you can't recover at all (O.C.G.A. § 51-12-33). If you were on your phone too, expect the insurer to say so. Here's how Georgia's 50% rule plays out.
In some cases, punitive damages may be possible. Georgia demands clear and convincing proof that the driver acted willfully, maliciously or wantonly, or with conscious indifference to the consequences, and usually caps those damages at $250,000 (O.C.G.A. § 51-12-5.1). Phone use alone may not meet that bar; courts weigh all the facts.
Adjuster pinning part of the crash on you? Call (240) 421-5511 first, and Gary will compare that claim against the evidence.
What to do after a crash with a distracted driver
- Call 911 and get checked out. Your health comes first, and a prompt exam ties your injuries to the crash.
- Watch the other driver if you safely can. Was a phone in their hand, in their lap or tossed onto the seat? Did they make a call right away?
- Write it down within the hour. Record what you saw and heard, word for word, and the time. Your call log shows exactly when you dialed 911.
- Tell the officer what you saw, and get the agency name and report number.
- Ask witnesses one question: “Did you see the driver on a phone?” Then get their names and numbers.
- Don't touch the other driver's phone or reach into their car. Photograph what you can see from outside, like a phone in a mount.
- Hold off on a recorded statement to the other driver's insurer. Read why you can say no to a recorded statement.
- Call a lawyer early so preservation letters go out while the evidence still exists.
A glance at a phone in stop-and-go traffic can end in a rear-end crash. If yours happened on GA-400 or Roswell Road in Sandy Springs, see Sandy Springs car accident claims; on Ashford-Dunwoody or Chamblee-Dunwoody Road in Dunwoody, see Dunwoody car accident claims.
Talk to an Atlanta car accident lawyer about a distracted driver
Gary works out of 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338 in the Perimeter Center area, minutes from where I-285 meets GA-400. If coming in is hard, he'll come to your home or hospital room, or talk by phone or video, in English or Spanish. If you hire the firm, there is no attorney's fee unless we recover compensation for you.
Call (240) 421-5511 any time for a free consultation. Our practice page explains how Gary handles car accident claims in Atlanta.
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Frequently asked questions
Is it illegal to hold your phone at a red light in Georgia?
Yes. According to Georgia's Governor's Office of Highway Safety, the Hands-Free law covers vehicles stopped on a road at a traffic signal or stop sign. The phone rules lift only in limited situations, such as when the car is lawfully parked or the driver is reporting a crash, fire, medical emergency, crime or serious road hazard. A first conviction carries a $50 fine and one point on the driver's license.
Can I use GPS or music apps while driving in Georgia?
Yes, with limits. Georgia's law allows navigation and GPS, and drivers may stream music, but the phone can't be in your hand or resting on your body (O.C.G.A. § 40-6-241). GOHS says music apps should be set up before you drive, because touching the phone to start or program one on the road isn't allowed. Watching video is banned except for navigation data, and calls must be hands-free.
Does a Hands-Free violation make the other driver automatically at fault?
No. Proof that a driver was holding a phone is strong evidence of carelessness, but you still have to show the phone use caused the crash and your injuries. The insurer can also argue that you share the blame. Under Georgia's modified comparative negligence rule, you recover nothing at 50% or more fault, and your award is reduced by your share below that (O.C.G.A. § 51-12-33).
How can I get the other driver's phone records?
Usually through a lawsuit. Phone companies generally won't release another customer's records just because you ask, so a lawyer requests them through the court process. Records typically show when calls, texts and data use happened, not what was said, so the exact time of the crash matters. Because carriers and drivers may not keep everything, a preservation letter should go out early, asking the driver and insurer to keep the phone and its data.
Do I need the driver to get a ticket to prove distracted driving?
No. A citation under O.C.G.A. § 40-6-241 helps, but an injury claim doesn't depend on one, and an officer's opinion about fault is generally not admissible at trial anyway. Witness accounts, the driver's own words at the scene, video, vehicle data and phone records can all show distraction. Tell the officer what you saw so it lands in the report, and write it down yourself the same day.