When Georgia’s Hands-Free Law went into effect on July 1, 2018, it fundamentally changed not only how Georgians can use their phones while driving but also how fault is determined in car accident cases. As a car accident attorney practicing in Georgia, I’ve seen firsthand how violations of this law can make or break an injury claim. If you’ve been involved in an accident in Georgia, understanding this law and its implications for your case is crucial.
What Exactly Does Georgia’s Hands-Free Law Prohibit?
The official name is House Bill 673, but most Georgians know it as the Hands-Free Law. This legislation, codified as O.C.G.A. § 40-6-241, is far more comprehensive than many drivers realize. The law doesn’t just prohibit texting while driving – it bans virtually all hand-held phone use.
Specifically, the law prohibits drivers from:
- Holding or supporting a phone with any part of their body
- Writing, sending, or reading text messages, emails, or social media posts
- Watching videos (except GPS navigation)
- Recording videos while driving
- Reaching for a device that requires leaving a seated driving position or removing a seatbelt
Many Georgia drivers mistakenly believe they can hold their phone if they’re using speaker mode or GPS. This is false. The moment your phone touches your hand, shoulder, lap, or any other body part while driving, you’re violating the law. The only exception is if you’re lawfully parked – and no, sitting at a red light doesn’t count as parked under Georgia law.
What IS Allowed Under the Hands-Free Law
Understanding what you can do is just as important as knowing the prohibitions. Georgia drivers may:
- Use hands-free technology like Bluetooth, headphones, or smart watches
- Use GPS navigation systems (but you must program the destination before driving)
- Make or receive calls using hands-free technology
- Listen to music streaming services
- Use voice-to-text features without touching the phone
- Report emergencies, crimes, or hazards
- Use dashboard phone mounts (as long as they don’t obstruct your view)
First responders and utility workers responding to emergencies are exempt from these restrictions while performing official duties.
How Police Officers Detect and Prove Hands-Free Violations
Georgia law enforcement has developed sophisticated methods for catching hands-free law violators. Officers are trained to spot tell-tale signs: the illuminated glow on a driver’s face at night, the downward head position, one hand on the wheel while the other is below window level, and erratic driving patterns like drifting between lanes or inconsistent speeds.
Many jurisdictions now use unmarked vehicles and elevated vantage points. I’ve had clients shocked to receive citations from officers in pickup trucks who could see directly into their vehicles. Some departments even use officers on motorcycles who can easily observe phone use through side windows at traffic lights.
The evidence collection has also evolved. Officers frequently use body cameras and dash cameras to document violations. They note specific details in their reports: which hand held the device, the driver’s eye position, how long the device was visible, and any resulting traffic infractions. This documentation becomes crucial evidence if the violation leads to an accident.
The True Cost of a Hands-Free Violation in Georgia
The financial penalties escalate quickly:
- First offense: $50 fine and one point on your license
- Second offense: $100 fine and two points
- Third and subsequent offenses: $150 fine and three points
But these fines are just the beginning. Points on your license can trigger significant insurance premium increases. Georgia insurers typically raise rates by 20-30% for distracted driving violations. For the average Georgia driver paying $1,500 annually, that’s an extra $300-450 per year for the next three to five years.
The real financial devastation comes if you cause an accident while violating the hands-free law. Beyond the immediate costs of fines, increased insurance premiums, and potential vehicle damage, you face exposure to personal liability that could exceed your insurance coverage.
How Hands-Free Violations Establish Negligence Per Se
In Georgia law, there’s a critical concept called “negligence per se.” When a driver violates a safety statute and that violation causes an accident, they’re automatically considered negligent. The hands-free law is a safety statute, meaning if you’re cited for violating it during an accident, you’ve essentially admitted fault.
This is different from ordinary negligence cases where the plaintiff must prove the defendant failed to exercise reasonable care. With negligence per se, the violation itself proves the failure of care. The only remaining question is whether the violation caused the accident – and that’s usually a straightforward connection when phone use is involved.
I’ve seen insurance companies completely reverse their position on claims once they learn the at-fault driver received a hands-free citation. What might have been a contested liability case becomes an open-and-shut matter of determining damages.
Impact on Comparative Fault Determinations
Georgia follows a modified comparative fault rule with a 50% bar. This means if you’re found to be 50% or more at fault for an accident, you recover nothing. Even if you’re less than 50% at fault, your recovery is reduced by your percentage of fault.
Hands-free violations can dramatically shift these percentages. Consider a typical scenario: You’re proceeding through a green light when another driver runs a red light and hits you. Normally, they’d be 100% at fault. But if you were looking at your phone and could have potentially avoided the collision with proper attention, you might be assigned 20-30% fault, reducing your recovery accordingly.
I’ve handled cases where clients with strong claims saw their compensation reduced significantly because they were texting at the time of impact. In one memorable case, security footage showed my client glancing at their phone just before a rear-end collision. Despite being hit from behind – typically automatic fault for the rear driver – the insurance company successfully argued for 25% comparative fault, reducing a $100,000 claim to $75,000.
The Insurance Company’s Investigation Playbook
When investigating accidents, insurance companies now routinely look for phone use evidence. Their investigators will:
- Request phone records to check for calls, texts, or data usage at the time of the accident
- Examine social media for posts made near the accident time
- Review any available surveillance footage from nearby businesses
- Interview witnesses specifically about observed phone use
- Analyze the police report for any mentions of distracted driving
- Check if the other driver received a hands-free citation
Insurance companies have become sophisticated in correlating phone activity with accident timing. They’ll request detailed records showing not just calls and texts, but app usage, email activity, and even keyboard activation times. If your phone shows activity within seconds of the collision, they’ll use this as evidence of distracted driving.
Defending Against Hands-Free Violation Allegations
If you’re accused of violating the hands-free law during an accident, several defenses might apply:
Emergency Exception: If you were calling 911 to report a hazard or crime, the law provides an exemption. Document this immediately and save your call logs.
Parked Vehicle: If you were legally parked (not just stopped in traffic), phone use is permitted. However, parking lots and private property are still subject to negligence claims even if the hands-free law doesn’t technically apply.
Passenger Use: If a passenger was using the phone, not you, witness testimony becomes crucial. Insurance companies often assume driver use unless proven otherwise.
Timing Disputes: Phone records aren’t always precise to the second. If the activity occurred after the collision (perhaps calling for help), this can be demonstrated through careful timeline reconstruction.
Hands-Free Mode: If you were using legitimate hands-free technology, preserve evidence of your Bluetooth connection or voice command history.
Protecting Your Claim After an Accident
If you’ve been in an accident in Georgia, whether or not phone use was involved, take these critical steps:
- Never admit to phone use at the scene, even if you were using hands-free features. Let the investigation determine the facts.
- Document everything immediately: Take photos of all vehicles, the scene, and any visible injuries. Note weather conditions, traffic signals, and witness information.
- Preserve your phone data: Don’t delete anything. Your attorney can help present phone records in the proper context.
- Be cautious with statements: Insurance adjusters are trained to ask questions that elicit admissions about phone use. “Were you distracted?” seems innocent but can be devastating to your claim.
- Seek legal representation quickly: Evidence disappears, witnesses forget details, and insurance companies move fast to minimize claims. Seek an experienced accident lawyer to help with your case.
The Broader Impact on Georgia Roads
Since the hands-free law’s implementation, Georgia has seen mixed results. While awareness of distracted driving dangers has increased, enforcement varies significantly by jurisdiction. Urban areas like Atlanta, Marietta, and Savannah have aggressive enforcement programs, while rural counties may issue fewer citations.
The law has undoubtedly changed the legal landscape for accident claims. Pre-2018, proving distracted driving required circumstantial evidence and witness testimony. Now, a simple citation creates a presumption of fault that’s difficult to overcome. This clarity can actually benefit injured parties by streamlining the claims process – if they weren’t the ones violating the law.
Looking Forward: Your Rights and Responsibilities
As technology continues to evolve, Georgia’s hands-free law will likely face new challenges. Smart watches, heads-up displays, and advanced voice assistants blur the lines of what constitutes “hands-free.” For now, the safest approach – both legally and physically – is to minimize all device interaction while driving.
If you’ve been injured in an accident involving a distracted driver, the hands-free law violation strengthens your claim significantly. Conversely, if you’re accused of violating the law, you need experienced legal representation to protect your rights and minimize the impact on your claim.
The message is clear: in Georgia, that text, email, or social media update can wait. The legal and financial consequences of hands-free violations extend far beyond a simple traffic ticket. They can determine fault in accidents, affect insurance settlements, and even expose you to personal liability that could impact your financial future for years to come.
Understanding these implications isn’t just about avoiding fines – it’s about protecting yourself legally and financially while making Georgia’s roads safer for everyone. Whether you’re dealing with an accident claim now or simply want to understand your rights and risks on Georgia roads, knowing how the hands-free law impacts accident claims is essential knowledge for every Georgia driver.
Remember, if you’ve been involved in an accident where phone use may have been a factor – either yours or another driver’s – consulting with an experienced Georgia car accident attorney immediately can make the difference between a fair settlement and a denied claim. The intersection of traffic law violations and personal injury claims requires skilled navigation, and in the age of the hands-free law, that expertise has never been more critical.