Distracted Driving in Georgia Car Accident Cases: Will They Look at the At-Fault Driver’s Phone?

Distracted Driving in Georgia Car Accident Cases: Will They Look at the At-Fault Driver’s Phone?

Distracted driving is a serious issue in Georgia. According to the Governor’s Office of Highway Safety, more than half of all auto crashes involved at least one distracted driver in a recent year. If you’ve been in a car accident caused by a distracted driver, you may wonder if you can use the records of their phone use as evidence to prove fault. The short answer is yes, but obtaining that evidence requires a clear understanding of Georgia law and the legal process.

Georgia’s Hands-Free Law

The Hands-Free Georgia Act has strict guidelines for permitted and prohibited behavior for cell phones and other mobile devices. Drivers can use their phones for GPS or voice-operated tasks if they don’t hold the device. They cannot do the following while driving:

• Write, read, or send text messages
• Hold or support a phone with any part of their body
• Watch videos or movies on phones or devices
• Record or broadcast video (except for continuously running dashcams)

Penalties for Violating Georgia’s Hands-Free Law

Drivers who violate state law may pay steep fines, accrue points on their licenses, and sometimes lose their driving privileges.

If a distracted driver causes an accident that injures you, evidence of phone use can support your claim by showing that the other driver was negligent. If you are successful, the distracted driver (and their insurer) can be liable for your injuries and associated losses. However, you must take specific steps to prove that the driver was using their phone at the time of the crash.

How Phone Records Can Be Obtained

Phone records are difficult to obtain for privacy and legal reasons. You’ll need a compelling argument for their relevance to the case, and a court may need to approve the request.

Accessing these records can be tricky without help from an attorney. Here’s how that process typically works:

• Subpoenas — A lawyer can issue a subpoena to the driver’s phone carrier if the at-fault driver does not voluntarily provide their phone or records. The subpoena will require the company to provide specific records.
• Discovery — During a lawsuit, an attorney can request the at-fault driver’s phone records through discovery. This can reveal whether they were texting, making calls, or using apps around the time of the accident.

Other Ways to Prove Distracted Driving

Although phone records are an excellent way to prove that the at-fault driver’s negligence may have caused the crash, they aren’t the only way. Other evidence can support your claim, including:

• Police Report — If officers noted signs of distraction, such as an open phone app, or a confession from the driver, they’ll be noted in the report.
• Eyewitness Testimony — Passengers, bystanders, or other drivers may have seen the at-fault driver using their phone or engaging in other distracting behavior.
• Traffic Cameras or Dashcam Footage — Video evidence can capture the driver’s actions before the accident.

Talk to a Distracted Driving Accident Lawyer for Free

If you’ve been injured in a car accident caused by a distracted driver, you could recover compensation to pay for your medical care, lost wages, pain and suffering, and emotional distress. At Kaufman Injury Law, our Georgia car accident lawyers relentlessly pursue every dollar you deserve. To learn more, contact Kaufman Injury Law today at (404) 355-4000 for a free, no-obligation consultation.