You’re stopped at a red light. The driver behind you is scrolling through their phone. The light turns green, you accelerate, and they plow into your rear bumper because they never looked up. This happens every day in Georgia, and since 2018, it’s been illegal.
What Georgia’s Hands-Free Law Actually Says
Georgia’s Hands Free Georgia Act went into effect on July 1, 2018. The law doesn’t just discourage phone use while driving. It bans it outright in most situations. Here’s what you can’t do while operating a vehicle:
- Hold or support a phone or electronic device with any part of your body
- Write, send, or read text messages, emails, or social media posts
- Watch videos or record videos (except for dashcams)
- Reach for a device in a way that requires you to leave your seat or seatbelt
You can use your phone, but only if it’s in hands-free mode. That means voice commands, single-touch activation, or mounted GPS navigation. The phone must be mounted on the dashboard or console, not in your lap or hand.
When Phone Use Is Still Allowed
The law includes a few exceptions. You can handle your phone while lawfully parked or stopped. You can also use it to report accidents, crimes, or emergencies. GPS is fine as long as the phone is properly mounted and you’re using voice commands or single-touch input. Commercial drivers and emergency responders have different rules, but they still face restrictions.
How Violations Affect Your Accident Claim
If someone hits you while using their phone, that violation strengthens your case significantly. Georgia law treats Hands Free violations as evidence of negligence. When a driver breaks this law and causes a crash, they’ve essentially handed you proof they were at fault. Insurance companies know this. They can’t easily argue that their driver was being careful when they were literally breaking the law designed to prevent exactly this type of accident. An East Point car accident lawyer can use this violation to push for a better settlement or build a stronger trial case. Police reports often document whether a driver was using their phone at the time of the crash. Phone records can confirm this even when drivers lie about it. Subpoenaed cell phone data shows exactly when calls, texts, or app usage occurred.
What If You Were Using Your Phone?
Georgia follows a modified comparative negligence rule. If you’re partially at fault for an accident, you can still recover compensation as long as you’re not more than 50% responsible. But here’s where it gets tricky. If you were also violating the Hands Free Law when the crash happened, the other side will use that against you. They’ll argue you share fault. Even if the other driver ran a red light, your phone use could reduce your compensation. This doesn’t mean you can’t win your case. It means you need someone who knows how to handle these complications and minimize the impact on your recovery.
Penalties For Violating The Hands-Free Law
First offense? $50 fine and one point on your license. Second offense within 24 months? $100 fine and two points. Third and subsequent offenses? $150 fine and three points. These might seem like minor penalties, but points on your license mean higher insurance rates. And if that violation contributed to a serious crash, you’re looking at much bigger problems than a traffic ticket.
Building Your Case After A Distracted Driving Crash
Evidence matters in these cases. Photos of damage, witness statements, police reports, and medical records all play a role. But phone records and testimony about the other driver’s behavior right before impact can make or break your claim. We’ve seen drivers admit they were texting, then change their story later. We’ve seen insurance companies try to downplay phone use even when it’s documented in the police report. Getting ahead of these tactics early makes a real difference in outcomes. An East Point car accident lawyer understands how to gather and present this evidence effectively.
Taking Action After A Distracted Driving Accident
If you’ve been hit by someone who was on their phone, don’t wait to protect your rights. Phone records get harder to obtain as time passes. Witnesses forget details. Your own memory of the crash fades. Council & Associates, LLC represents people injured by distracted drivers throughout Georgia. We know how to prove phone use, counter insurance company tactics, and fight for full compensation. Reach out to discuss your case and learn what options you have moving forward.
