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Georgia’s Hands-Free Law: What It Means for Distracted Driving Accident Victims

By Grant Law Office on October 12, 2025

Distracted driving has become one of the most dangerous threats on Atlanta roadways. Every year, thousands of car crashes are caused by drivers paying more attention to their phones than the road.

In response to this growing problem, Georgia lawmakers enacted the Hands-Free Georgia Act in 2018. But what does this law mean for people injured by distracted drivers?

At Grant Law Office, we’re here to explain how Georgia’s hands-free law impacts your personal injury claim and the legal options you have if you’ve been harmed in a crash.

What Is Georgia’s Hands-Free Law?

Georgia’s hands-free law is codified under O.C.G.A. § 40-6-241, making it illegal for drivers to hold or support a wireless device while operating a vehicle.

Key Provisions of the Law

• Drivers may not hold a phone with any part of their body.
• Texting, emailing, or any form of manual data entry or reading is prohibited.
• GPS and hands-free voice communication is allowed, but only if activated and used without touching the phone.
• Streaming video or watching any form of video content while driving is banned.

The intent of the law is simple: keep drivers’ hands on the wheel and eyes on the road. Violating this law is a traffic offense, but it can also be used as evidence of fault in civil lawsuits.

What Is Distracted Driving

Distracted driving goes beyond texting. It includes any activity that diverts attention from driving, such as:

• Talking or texting on the phone
• Using social media or navigation apps
• Eating, drinking, or grooming
• Adjusting the radio or infotainment system

Under Georgia traffic laws, distracted driving may also serve as proof of negligence in a personal injury claim.

Distracted Driving & Negligence Per Se

When someone breaks a traffic law and causes a crash, that violation can trigger a legal concept known as negligence per se. This means the act of violating the law is considered negligent if it directly results in someone else being harmed.

For victims of distracted driving accidents in Georgia, this can be a powerful legal argument. If a driver violated O.C.G.A. § 40-6-241 and that violation caused your injuries, their fault may be presumed under the law.

To establish negligence per se in these cases, a plaintiff must prove:

1. A law was violated (in this case, the hands-free law);
2. The law was intended to protect the public (which the hands-free law is);
3. The plaintiff is part of the class the law was designed to protect (all drivers and passengers);
4. The violation caused the plaintiff’s injuries.

This legal standard shifts the burden onto the distracted driver to explain or justify their behavior. This can be a powerful tool in an Atlanta personal injury claim.

How Hands-Free Violations Are Proven

Successfully pursuing a personal injury claim for a cell phone-related crash involves thorough investigation and legal strategy. A knowledgeable car accident lawyer can help gather and analyze key evidence, including:

• Cell phone records: To show call and data usage at the time of the crash
• Traffic camera or dash cam footage: May reveal the driver using a phone or distracted before impact
• Eyewitness testimony: Passengers or nearby drivers may have observed the at-fault driver’s behavior
• Vehicle infotainment data: Logs interactions with connected devices
• Police reports: Officers may document hands-free violations or cite O.C.G.A. § 40-6-241 in their crash findings

How Violations Affect Insurance Claims and Lawsuits

Violations of the hands-free law can significantly influence how insurance companies and courts view fault. Insurers often try to minimize payouts or shift blame onto victims. But if the distracted driver clearly broke Georgia traffic laws, their liability becomes harder to dispute.

Proving a hands-free law distracted driving violation can:

• Strengthen your claim during insurance negotiations
• Justify punitive damages in extreme cases
• Increase your chances of full compensation in a jury trial

What Victims of Distracted Driving Accidents in Georgia Should Do

If you’ve been hit by a distracted driver in Atlanta, quick action can preserve your right to seek compensation.

Call the Police Immediately

Make sure an official report is created. Tell the responding officer if you suspect the other driver was using a phone.

Document the Scene

Take photos of both vehicles, the road conditions, and any visible phones or devices in the other car.

Get Medical Attention

Visit a doctor to get the medical help you need and document your injuries. Even if you don’t feel pain right away, some injuries like nerve damage and brain injuries can grow much worse over time.

Avoid Giving Statements to Insurance Adjusters

Insurance companies often look for ways to shift blame. Consult with your lawyer before speaking with the at-fault driver’s insurer.

Contact An Experienced Atlanta Car Accident Attorney

An experienced Atlanta Car Accident Lawyer can initiate a prompt investigation, request cell phone records, and start building your case for compensation.

Types of Compensation in Atlanta Car Accident Claims

Victims of distracted driving accidents in Georgia may be entitled to recover damages for:

• Medical expenses
• Lost income and future earning potential
• Pain and suffering
• Emotional distress
• Property damage
• Permanent disability or disfigurement

In some cases, juries may award punitive damages if the distracted driver’s actions were especially reckless or showed a disregard for the safety of others.

Why Choose Grant Law Office?

At Grant Law Office, we don’t just handle car accident cases. We fight for people who’ve been seriously injured by negligence. Our husband-and-wife legal team has more than 60 years of combined experience and a reputation for delivering justice to clients across Georgia.

Wayne Grant is rated AV Preeminent 5/5 by Martindale-Hubbell, and he’s also been recognized by Super Lawyers based on peer reviews and independent research. Our approach is thorough, strategic, and client-focused.

• Strategic Litigation: We prepare every case as if it will go to trial.
• Rapid Response: We act quickly to secure evidence and protect your rights.
• Proven Results: Our team has recovered millions in compensation for injury victims.
• Personal Service: We treat every client like family, not a file.

Speak With a Trusted Car Accident Lawyer in Atlanta

Grant Law Office offer aggressive representation for victims of distracted driving accidents in Georgia. Contact us at (404) 995-3955 for a free consultation today.

We’ll review your case, explain your rights, and help you pursue the compensation you deserve.