Texting and Driving Accident Lawyer

Georgia Texting and Driving Accident Lawyer

Were you hurt or someone that you care about killed in an texting and driving accident? Despite efforts to raise awareness of the dangers of texting and driving, an accident caused by drivers distracted by texting and driving remains prevalent:

• Nine percent of fatal crashes in 2017 were reported as distraction-affected crashes.
• In 2017 there were 3,166 people killed in motor vehicle crashes involving distracted drivers.
• Six percent of all drivers involved in fatal crashes were reported as distracted at the time of the crashes. Eight percent of drivers 15 to 19 years old involved in fatal crashes were reported as distracted. This age group has the largest proportion of drivers who were distracted at the time of the fatal crashes.
• In 2017 there were 599 nonoccupants (pedestrians, bicyclists, and others) killed in distraction-affected crashes.

The increase in cell phone demand has led to concern that cell phone use while driving increases accidents. Risk associated with calling while driving has been widely discussed in the media, and has been investigated by governmental agencies. Previous studies estimate that cell phone use in vehicles may cause anywhere from 10 to 1,000 fatalities per year in the United States and a great many more non-fatal accidents. The regulation of cell phones while driving has become a significant policy issue. California, Connecticut, New York, New Jersey, Washington, D.C., dozens of municipal governments in the U.S., much of Europe, and many other countries worldwide have banned the use of hand-held cell phones while driving. Many other bans are being considered. Most proposed legislation would ban the use of hand-held cell phones while driving while allowing the use of phones with hands-free devices.

Georgia’s Texting and Driving Law and What It Limits

While operating a motor vehicle on any highway of this state, no individual shall:
(1) Physically hold or support, with any part of his or her body a:

(A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication; or

(B) Stand-alone electronic device;

(2) Write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to:

(A) A voice based communication which is automatically converted by such device to be sent as a message in a written form; or

(B) The use of such device for navigation of such vehicle or for global positioning system purposes;

(3) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or

(4) Record or broadcast a video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

O.C.G.A. § 40-6-241.

Georgia’s Texting and Driving Law for Commercial Drivers

While operating a commercial motor vehicle on any highway of this state, no individual shall:

(1) Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or

(2) Reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be:

(A) In a seated driving position; or

(B) Properly restrained by a safety belt.

O.C.G.A. § 40-6-241.