Georgia’s “Hands-Free” driving law went into effect on July 1, 2018. It’s a complicated rule, but it has a positive impact, and the Atlanta Journal-Constitution reports that most drivers in the Atlanta area appear to be complying with the law.
Precisely what does the Hands-Free driving statute provide? What are the penalties if someone is convicted of violating the law? Let our Atlanta car accident lawyers explain.
The Hands-Free statute has a number of provisions, including:
The Hands-Free law does not apply to the following devices, and they may be used by drivers while driving:
Additionally, exceptions to the Hands-Free law are made for these circumstances:
A first conviction for violating the Hands-Free law can mean a $50 fine and one point on the offender’s driver’s license. Second convictions may be penalized with a $100 fine and two points. Third and subsequent convictions may be penalized with a $150 fine and three points.
According to a research survey of 702 Georgia drivers conducted by the University of Georgia’s School of Public and International Affairs and published in January 2019 by the Atlanta Journal-Constitution, the vast majority of motorists in Georgia say that they usually obey the law.
While 45 percent of the Atlanta Journal-Constitution survey’s respondents said that they obey the law at all times, an additional 40 percent said that they obey the Hands-Free law “most of the time.”
State Representative John Carson (R-Marietta), who sponsored the legislation, told the Journal-Constitution, “It’s going to take a culture change. It’s going to take enforcement.”
The Hands-Free Georgia Act was passed by the state’s lawmakers in response to rising fatality numbers on Georgia’s streets and highways. Traffic deaths increased by one-third from 2014 to 2016.
In 2017, traffic accidents in Georgia resulted in 1,549 fatalities.
Safety experts say that the law was needed because distracted driving was becoming a leading cause of highway deaths and injuries. Cellphones, the safety experts say, were distracting us to death.
Before the Hands-Free law, adult drivers could hold a phone to talk but not to text. Police found that the law was tough to enforce – they sometimes couldn’t tell if someone was talking or texting. Now, with narrow exceptions, you’re breaking the law if you’re holding a phone.
The Georgia State Patrol issued 8,389 citations for cell phone-related offenses in the second half of 2018. Preliminary figures indicate that traffic deaths were down by about seven percent last year.
Nevertheless, more than eight percent of the Journal-Constitution survey’s respondents said they “seldom” obey the Hands-Free law, and more than four percent said they “never” obey it.
What are your rights if you are injured by a driver violating the Hands-Free Georgia Act? Anyone in Georgia who is injured by a negligent driver is entitled under Georgia state law to full compensation for injury-related medical costs, lost wages, and all related losses and damages.
However, being “entitled” doesn’t mean compensation is handed to you. In some cases, you’ll have to prove that you were injured by the negligence and are entitled to compensation. You’ll need the advice and services of an experienced Atlanta personal injury attorney.
Contact an injury attorney immediately if you are injured in an accident with a negligent driver – or if you’re not sure whether negligence was involved. Your lawyer will investigate the accident, determine who was liable, and recommend the best way for you to move forward.
In some cases, the best way to move forward will be to file a personal injury claim. Most personal injury matters in Georgia are settled privately and out-of-court, so most injured victims of negligence do not even have to make a court appearance.
If your claim cannot be settled privately – and again, this is rare – your attorney may recommend taking your case to trial and asking a jury to order the payment of the compensation you seek. A good Atlanta car accident attorney will fight aggressively for the justice you deserve.
If you are injured by a negligent driver, a reasonable attorney’s help is your right, but you’ll need to exercise that right and contact an attorney immediately. Your health and your future could depend on it.
Bryce is considered a highly esteemed trial lawyer and a passionate client advocate amongst his peers in the Atlanta legal community. Never afraid to go the extra mile for his clients, Bryce Angell works tirelessly to ensure that each client’s personal injury case gets the attention that it deserves.