Distracted driving is a major concern on Georgia’s roads, leading to numerous accidents, injuries, and even fatalities. In an effort to combat this problem, Georgia implemented a Hands-Free Law, which significantly impacts the liability of drivers involved in accidents while using their phones. The Coweta County car accident attorneys at Kam, Ebersbach & Lewis highlight the value of exploring the details of Georgia’s Hands-Free Law, how it affects liability in distracted driving accidents, and what drivers need to know to stay safe and compliant.
Understanding Georgia’s Hands-Free Law
In an era where smartphones have become an integral part of our daily lives, it’s no surprise that they have found their way into our vehicles. However, the use of mobile phones while driving has proven to be a dangerous practice that diverts a driver’s attention from the road.
In response to the growing concerns over distracted driving, Georgia passed its Hands-Free Law, which came into effect on July 1, 2018. The law essentially prohibits drivers from holding or using their phones while operating a vehicle. Here are some key provisions of the law:
No Holding a Phone: Under the law, drivers are not allowed to hold their phones in their hands while operating a vehicle. This includes holding a phone to make calls, send text messages, or browse the internet.
No Texting or Emailing: Texting, emailing, or messaging while driving is strictly prohibited, whether for reading or composing messages.
No Watching Videos: Watching videos or movies on your phone while driving is not allowed.
No Recording Videos: The law also prohibits drivers from recording videos on their phones.
Exceptions: There are exceptions for using GPS navigation and making emergency calls.
However, even in these cases, it’s best to use hands-free technology if possible.
Impact on Liability in Distracted Driving Accidents
Georgia’s Hands-Free Law has a significant impact on liability in distracted driving accidents. Here’s how it affects both the distracted driver and other parties involved in an accident:
Increased Accountability for Distracted Drivers: Distracted drivers who cause accidents while violating the Hands-Free Law are more likely to be held liable for the accident. Using a mobile phone while driving is considered negligence, and if this negligence leads to a collision, it can significantly bolster the case against the distracted driver.
Potential for Criminal Charges: In severe cases of distracted driving accidents, particularly those resulting in serious injuries or fatalities, the distracted driver may face criminal charges in addition to civil liability. These charges can include reckless driving, vehicular homicide, or serious injury by vehicle.
Diminished Comparative Fault Argument: Georgia follows a modified comparative fault system, which means that the liability can be shared between multiple parties involved in an accident. However, when a driver is violating the Hands-Free Law, their level of negligence may be seen as greater, making it more challenging for them to argue that the other party shares a significant portion of the blame.
Impact on Insurance Claims: Insurance companies may use evidence of distracted driving (e.g., phone records, witness statements) to establish liability and determine the payout in a claim.
Distracted driving can result in higher insurance premiums or even policy cancellations for the at-fault driver.
Staying Safe and Compliant
To avoid liability in distracted driving accidents and, more importantly, to ensure the safety of yourself and others on the road, it’s essential to follow Georgia’s Hands-Free Law. Here are some tips to help you stay safe and compliant:
Invest in Hands-Free Technology: Use hands-free options such as Bluetooth devices or smartphone mounts to make and receive calls, use GPS navigation, and play music without touching your phone.
Silence Notifications: Turn off non-essential notifications on your phone to reduce the temptation to check your device while driving.
Plan Your Route in Advance: Set your navigation before starting your journey to avoid the need for manual adjustments while driving.
Educate Passengers: Encourage passengers to assist with tasks like answering calls or changing the music to minimize distractions for the driver.
Pull Over if Necessary: If you must use your phone, pull over to a safe location, park your vehicle, and then use your phone.
Georgia’s Hands-Free Law plays a pivotal role in holding distracted drivers accountable for their actions. By understanding the law and adhering to it, you not only reduce the risk of liability in a distracted driving accident but also contribute to safer roads for all. It’s crucial to prioritize safety over convenience and lead by example to help reduce the prevalence of distracted driving in our state.
