Georgia, like other states, has experienced an uptick in distracted driving deaths over the past few years as the use of electronic devices such as cell phones has become more prevalent. The Georgia legislature has responded by passing distracted driving laws that limit the legal use of these devices while driving. There are two ways that the distracted driving law could get you into trouble – a citation and a personal injury or wrongful death lawsuit.
Distracted Driving Restrictions
Cell phone use is completely prohibited only for school bus drivers and drivers under 18. These drivers may not even use hands-free cell phones. Texting while driving is banned for all drivers, except in emergency situations or when the vehicle is fully parked (texting is not permitted while the driver is stopped at a traffic light). Cities and counties are allowed to enact their own local distracted driving laws, which may be more restrictive than state laws.
Distracted Driving Penalties in Georgia
In Georgia, the fine for distracted driving is a $150 plus court costs, and one point will be assessed against your driver’s license. If your driver’s license is from another state, Georgia will notify your state, and it can assess points against your driver’s license based on its own law (you will still have to pay the Georgia fine, however).
In the Event of an Accident Caused by Distracted Driving in Georgia
Georgia recognizes the concept of “negligence per se”, in which violation of a traffic law such as distracted driving is considered prima facie proof of negligence in a personal injury or wrongful death lawsuit. The victim can prove that the defendant was violating Georgia’s distracted driving law even if no citation was issued in connection with the accident. The defendant, however, is entitled to avoid liability by proving that his act of texting was not intentional and that he exercised ordinary care under the circumstances.
If two parties were at fault for the accident (one driver was texting while the other was speeding, for example), Georgia apportions liability according to a modified comparative fault principle – the amount of damages that each driver is entitled to will be reduced in proportion to his degree of fault for the accident (25 percent, for example). If a driver is at least 50 percent at fault for the accident, however, he will recover nothing even if the other driver (or a pedestrian) was partially at fault.
Keep in mind that you can be found negligent even for legal behavior, such as talking on a cell phone, if your behavior was negligent under the circumstances (talking on a cell phone while rounding a sharp curve on a two-lane highway during a snowstorm might qualify, for example).
Criminal Penalties
Distracted driving is not normally considered a criminal offense. If the driver’s behavior taken as a whole, however, amounts to “willful, wanton or reckless disregard” for the safety of others, his behavior can be characterized as “criminal negligence”, and criminal charges can be filed against him. Even homicide charges can be filed if someone is killed in the accident.
– Updated through September 1, 2016