In the State of Georgia, the issue of distracted driving has become a significant concern, meriting stricter legal measures and civil liability implications. Distracted driving, which includes texting, using a phone, or any other activity diverting a driver’s attention from the road, jeopardizes public safety and triggers legal consequences. In cases where such distractions lead to accidents, the state’s laws provide a framework for victims to seek recourse. Under Georgia’s legal system, individuals harmed by a distracted driver have the right to pursue compensation for damages, holding responsible parties accountable under the principles of negligence and civil liability. This framework emphasizes the state’s commitment to road safety and protecting its citizens from distracted drivers’ reckless behavior.

Distracted Driving in Georgia

The law in Georgia classifies distracted driving into several categories, including visual, cognitive, and manual distractions. Cell phone use, especially texting and talking, significantly contributes to distracted driving. The use of cell phones while driving is considered even more hazardous than drunk driving because it involves all three forms of distraction, with texting being the most dangerous. Georgia has implemented hands-free laws to combat this issue. The law prohibits school bus drivers from using cell phones and restricts cell phone usage among all drivers, with certain exceptions for emergencies and specific professional roles​​​​. This law explicitly addresses technology use while driving. Despite these regulations, distracted driving remains a persistent issue, contributing to accidents and fatalities on the road​​​​.

Moreover, there’s a growing recognition of the need for a multi-faceted approach to combat distracted driving. The attempt to provide corrective measures includes public awareness campaigns, stricter enforcement of laws, technological solutions, and educational programs. These efforts aim to reduce distracted driving incidents and create a responsible and focused driving culture in Georgia​​​​.

The legal ramifications in Georgia for distracted driving can be severe. If an accident occurs due to distracted driving, it can lead to personal injury claims where the distracted driver may be liable. The legal process often involves proving negligence and demonstrating that the distracted behavior directly caused the accident. Although the legal recourse for distracted driving cases in Georgia generally involves criminal penalties and civil liabilities, our discussion will focus on the civil liabilities arising from distracted driving.

Civil Liabilities Arising From Distracted Driving

  • Personal Injury Claims: Victims of distracted driving accidents can file a personal injury lawsuit and ultimately receive compensation for medical expenses, lost wages, and pain and suffering.
  • Wrongful Death Claims: In fatal accidents, the family of the deceased can file a wrongful death lawsuit against the distracted driver.
  • Punitive Damages: In cases of gross negligence, courts might award punitive damages to punish the offender and deter future negligence.
  • Insurance Claims: The victim can also file claims with the distracted driver’s insurance company. However, issues can arise if the driver’s policy limits are insufficient to cover the damages.
  • Employer Liability: The driver’s employer might also be liable if the distracted driver worked during the accident.

Defenses and Challenges To Distracted Driving in Georgia

Proving the driver was distracted during the accident can be challenging. It often requires phone records, witness testimonies, or camera footage. Keep in mind that Georgia follows a modified comparative negligence rule. If the injured individual is found partially at fault, it can reduce the compensation they receive.

Steps to Take After a Distracted Driving Incident

It is essential to report the incident to the police after it occurs and obtain a copy of the police report. Seeking immediate medical attention is also crucial for health and for documenting injuries. You should also keep records of all expenses and communications related to the incident. An experienced attorney can help navigate the legal complexities and ensure that the injured individual’s rights are protected. 


Risky behaviors can be curtailed by distracted driving laws in Georgia that provide recourse for victims. Individuals need to understand their rights and responsibilities under these laws. Legal outcomes can vary greatly depending on the specifics of each case. Attorneys experienced in these distracted driving cases play a crucial role in negotiating settlements or representing clients in court. Gautreaux Law represents individuals in Macon, Warner Robin, and other areas of Georgia. We bring years of experience and will work hard to protect your interests​​​.