Injured by a texting driver in Atlanta? Our Georgia-licensed attorneys quickly secure cell phone records, subpoena carriers, preserve EDR “black box” data, and obtain the Atlanta Police Department crash report to prove distraction. We handle the insurance companies while you focus on recovery. Free case review. No fee unless we win.
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Hurt by a texting driver? We can help.
Request a free case review or call us today. No fees unless we win your case.
Georgia Hands-Free Law (O.C.G.A. § 40-6-241): What Counts as Distracted Driving
The Georgia Hands-Free Law (O.C.G.A. § 40-6-241) makes it illegal to hold or support a phone with any part of your body while driving. This law specifically targets texting while driving and other phone-related distractions. Drivers can only use hands-free technology like Bluetooth or voice commands.
Visual, Manual, and Cognitive Distraction—Why Texting Is the Worst
Distracted driving involves three main types of distraction. Visual distraction takes your eyes off the road. Manual distraction takes your hands off the wheel. Cognitive distraction takes your mind off driving. Texting is especially dangerous because it involves all three types at once.
Common Sources: Texting, Apps, Calls, GPS, In-Car Tech, Eating, Passengers
Beyond texting, drivers get distracted by navigation apps, phone calls, adjusting GPS systems, changing radio stations, eating, drinking, talking to passengers, and dealing with children or pets in the car.
Texting-While-Driving Penalties and Citations in Georgia
First-time offenders face fines up to $50 and one point on their license. Second offenses bring $100 fines and two points. Third offenses cost $150 and three points. These citations become crucial evidence in your personal injury case.
How We Prove Distraction Under Georgia Law
Georgia law defines distraction broadly. Any activity that diverts attention from driving can establish negligence. We prove distraction through cell phone records, witness statements, and physical evidence from the crash scene.
Injuries & Damages After a Distracted Driving Crash in Atlanta
Whiplash, Fractures, TBI, Concussions, Spinal Injuries
Distracted driving crashes often cause severe injuries including whiplash, broken bones, traumatic brain injuries, concussions, and spinal cord damage. These injuries may require surgery, ongoing therapy, and long-term medical care.
PTSD, Anxiety, Depression
Crash victims often develop PTSD, anxiety about driving, depression, and sleep disorders. These psychological injuries deserve compensation just like physical injuries.
Wrongful Death & Survivorship Claims
When distracted driving causes a fatal accident, Georgia law allows family members to pursue wrongful death claims for their losses and the estate to seek damages the deceased could have recovered.
You can recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, loss of enjoyment of life). Serious injuries affect your ability to work, care for your family, and enjoy activities you once loved. We document these life changes to maximize your recovery.
Proving Negligence & Liability (Comparative Fault: 51% Bar Rule)
Duty, Breach, Causation, Damages
To prove liability, we show the distracted driver had a duty to drive safely, breached that duty by using their phone or engaging in distracting behavior, caused your crash, and created damages you can recover.
Georgia follows comparative fault rules. You can recover damages as long as you’re less than 51% at fault. Your recovery gets reduced by your percentage of fault.
Beyond the driver, we may pursue claims against employers (for drivers on the job), vehicle owners who let unsafe drivers use their cars, or companies that encouraged unsafe driving practices.
Vicarious Liability/Respondeat Superior; Negligent Entrustment/Hiring/Supervision
Vicarious liability and respondeat superior principles hold employers responsible when employees cause crashes while working. This is crucial for commercial vehicle and delivery driver accidents. Companies face liability for negligent entrustment when they let unsafe drivers use company vehicles or for negligent hiring and supervision of dangerous drivers.
Punitive Damages for Reckless Texting-While-Driving
When drivers consciously disregard safety by texting while driving, Georgia law allows punitive damages to punish the behavior and deter others.
Key Evidence: Cell Phone Records, Carrier Subpoenas, EDR, Dashcam, Red-Light/Traffic Cameras
- Cell phone records via carrier subpoenas; device forensics (unlock times/app usage)
- Georgia Uniform Motor Vehicle Accident Report and citations (APD)
- Red-light/traffic camera, dashcam, and nearby business surveillance video
- EDR “black box” data and accident reconstruction analysis
- Medical records, bills, and ongoing treatment documentation
Georgia Uniform Motor Vehicle Accident Report (APD)
The Georgia Uniform Motor Vehicle Accident Report and any citations issued provide official documentation of the crash. We obtain reports from the Atlanta Police Department or responding agencies immediately.
We issue a carrier subpoena to obtain phone records showing calls, texts, and data usage at crash time. Device forensics can reveal unlock times, screen taps, and app usage logs around the time of impact. Witnesses often see drivers on phones before crashes. We also gather surveillance video from nearby businesses, traffic camera video, red-light camera footage, and dashcam footage.
Accident reconstruction experts analyze the crash to prove how it happened. The vehicle’s Event Data Recorder (EDR) or “black box” shows speed, braking, and other crucial data.
Spoliation/Preservation Letters
We immediately send spoliation letter demands to preserve phone data, vehicle information, and video evidence before it gets deleted or destroyed.
Complete medical records document your injuries, treatment, and prognosis. We work with your doctors to fully explain your injuries and future needs.
Our Investigation Process in Atlanta
We act fast to preserve evidence, photograph the scene, and secure witness information before memories fade or evidence disappears. Our team immediately contacts witnesses and works to obtain all available video footage from public and private sources.
We collaborate with accident reconstructionists, phone forensics experts, and medical professionals to build your strongest case. We help coordinate with treating physicians and life-care planners to document current and future medical needs. From day one, we handle rideshare and commercial policy issues, ensuring all available coverage gets identified and pursued.
Legal Timeline in Georgia (O.C.G.A. § 9-3-33): Claims, Lawsuit, Mediation, Trial
We start with a thorough evaluation of your case, investigating all aspects and developing a winning strategy. The claims process begins with notifying all insurers, sending demand letters, and negotiating for fair settlements.
If insurers won’t pay fairly, we file suit and pursue your case through discovery, mediation, and trial if necessary. Georgia’s statute of limitations (O.C.G.A. § 9-3-33) generally gives you two years to file a personal injury lawsuit. Don’t wait—evidence disappears quickly.
Claims against government entities require ante litem notice—typically within 6 months for city/municipal claims and up to 12 months for state claims, though deadlines vary by entity. We handle these special requirements. We practice in Fulton County State Court and all metro Atlanta courts, including DeKalb, Cobb, and Clayton counties.
Potential Compensation: Medical Bills, Lost Wages, Pain & Suffering, Punitive, UM/UIM, MedPay
- Medical bills and future care/rehabilitation
- Lost wages and diminished earning capacity
- Pain, suffering, and loss of quality of life
- Property damage, rental car, diminished value
- Punitive damages in egregious texting-while-driving cases
You deserve compensation for all medical expenses—past, present, and future—including surgery, therapy, medication, and medical equipment. We pursue compensation for missed work, reduced earning ability, and lost career opportunities caused by your injuries.
Georgia law recognizes compensation for physical pain, emotional suffering, and loss of life’s enjoyment. Punitive damages may be available in egregious texting-while-driving cases to punish and deter reckless conduct.
Beyond injury claims, we handle property damage, rental car costs, and diminished value claims for your damaged vehicle. We pursue all available coverage including the at-fault driver’s bodily injury coverage, your UM/UIM coverage for underinsured drivers, and Medical Payments (MedPay) benefits. We negotiate medical liens and handle subrogation claims to maximize what you keep from your settlement.
Insurance Company Tactics: Recorded Statements, Social Media Monitoring—Our Response
- Requests for recorded statements and fault-shifting tactics
- Social media monitoring to undermine injury claims
- Medical minimization and lowball offers
- Our response: spoliation letters, expert evidence, and trial-ready positioning
The insurance company will try to get recorded statements to use against you. They’ll blame you for the crash or minimize the other driver’s distraction. Insurers often monitor social media posts, so avoid posting about the crash or injuries.
Insurers downplay injuries and make lowball settlement offers hoping you’ll accept less than you deserve. We protect your claim by controlling the narrative, presenting strong evidence, and showing we’re ready for trial if needed.
What to Do After an Atlanta Crash: 5 Immediate Steps
- Call 911 and get medical evaluation
- Photograph vehicles, scene, and visible injuries
- Collect driver/witness info
- Note/request the APD crash report number and later obtain the report
- Preserve your phone data and contact a lawyer before speaking to insurers
Get to safety and call 911. Get medical evaluation even if you feel okay—adrenaline masks injuries. Request the Atlanta Police Department crash report (Georgia Uniform Motor Vehicle Accident Report) and keep the report number. Visit APD’s crash reports page to obtain your report.
Don’t delete anything from your phone. The other driver’s phone data becomes crucial evidence too. Report to your insurer but avoid giving detailed statements. Contact a lawyer before speaking with the other driver’s insurance.
Where Distracted Driving Crashes Happen in Atlanta (I-75/85, I-285, GA-400, Peachtree, Piedmont)
I-75/85 Downtown Connector and I-285 Perimeter see frequent distracted driving crashes during heavy traffic. GA-400, Peachtree Street, and Piedmont Road experience many distraction-related accidents at intersections and during lane changes.
School zones, construction areas, and busy shopping districts see increased crashes from distracted drivers. We handle cases throughout Fulton, DeKalb, Cobb, and Clayton counties where distracted driving remains a serious problem.
Rideshare & Commercial Claims: Uber, Lyft Coverage and Employer Liability
Uber and Lyft provide different coverage levels depending on whether the driver had the app on or was carrying passengers. Commercial drivers often have larger policies and employer liability, increasing potential recovery sources. Commercial vehicles often have telematics systems and apps that provide additional evidence of distraction.
Property Damage Claims: Rental Car, OEM Parts, Diminished Value
We help determine whether repair or total loss declaration benefits you most, ensuring you get OEM parts for repairs. You deserve a comparable rental vehicle while yours gets repaired or replaced. Georgia law recognizes your car loses value after an accident, even when properly repaired.
Why Hire Our Atlanta Distracted Driving Lawyers (Contingency Fee)
We know Georgia traffic laws, local courts, and how to prove distracted driving cases in Atlanta. We have experience obtaining and analyzing phone records, EDR data, and technical evidence. Insurance companies know we prepare every case for trial, leading to better settlement offers. Our contingency fee structure means you pay nothing unless we recover compensation for you.
Costs & Fees: Free Consultation, No Upfront Costs
Your initial consultation and case review are completely free with no obligation. We advance all case expenses and only collect our fee from successful settlements or verdicts. You pay nothing to get started. We handle everything while you focus on recovery.
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Don’t let a distracted driver’s negligence ruin your future.
Request a free case review today. Our Atlanta lawyers are ready to fight for you.
FAQs
Any activity that takes your attention from driving qualifies, including texting, calling without hands-free devices, eating, adjusting GPS, or reaching for objects. Georgia’s Hands-Free Law specifically prohibits holding phones while driving.
You can recover medical expenses, lost wages, pain and suffering, property damage, and sometimes punitive damages. Future medical costs and lost earning capacity are included for serious injuries.
Georgia’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. Some claims against government entities require notice within six months to one year.
Cell phone records, witness statements, police reports, surveillance video, and vehicle data recorder information all help prove distraction. We also use accident reconstruction when needed.
Call 911, get medical attention, document the scene with photos, gather witness information, and avoid discussing fault. Contact a lawyer before giving statements to insurance companies.
We prove the driver had a duty to drive safely, breached that duty by engaging in distracting behavior, caused your accident, and created compensable damages.
Most cases settle without trial, but we prepare every case as if it will go to court. This preparation often leads to better settlement offers.
Georgia has no damage caps for most injury claims. However, insurance policy limits may affect recovery unless you have adequate UM/UIM coverage.
Yes, as long as you’re less than 51% at fault. Your recovery gets reduced by your percentage of fault under Georgia’s comparative negligence law.
No. Let your lawyer handle communications with the other driver’s insurer. They’re trained to minimize claims and may use your statements against you.
Yes, texting while driving can support punitive damages because it shows conscious disregard for others’ safety. These damages punish the wrongdoer and deter similar conduct.
We issue subpoenas to cell carriers and send preservation letters immediately after the crash. During litigation, we can compel production of phone records and device data.
Rideshare companies provide different insurance coverage levels depending on the driver’s status. We pursue both the driver’s personal insurance and the rideshare company’s coverage.
Yes, we can prove distraction without a citation through cell phone records, witness testimony, surveillance footage, and accident reconstruction evidence. A ticket helps but isn’t required.
Device forensics experts can often recover deleted data, including texts and app activity. Even if content is deleted, metadata showing app usage times and phone activity patterns often remains recoverable.
Your uninsured motorist (UM) coverage applies to hit-and-run crashes. You can recover damages up to your policy limits even if the distracted driver is never identified, though you must report the crash promptly to police and your insurer.
Get Help From Experienced Atlanta Distracted Driving Lawyers
Distracted driving crashes happen in seconds but cause lasting harm. You need lawyers who understand the technology, know the law, and won’t back down from insurance companies. Our Atlanta team has the experience and resources to build strong cases and fight for maximum compensation.
We handle cases throughout metro Atlanta, from busy Fulton County intersections to I-285 crashes in DeKalb, Cobb, and Clayton counties. Our lawyers know local courts, understand Georgia law, and have proven success recovering compensation for distracted driving victims.
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Ready to hold a distracted driver accountable?
Call now or request your free case review online. We’ll evaluate your case, explain your rights, and fight for the compensation you deserve.
No fees unless we win. Free consultation. We’re here to help.
