On July 1, 2018, Georgia joined a growing number of states that decided enough was enough when it came to distracted driving. The Hands-Free Georgia Act became law that day, fundamentally changing how drivers can use their phones behind the wheel. But this law did more than just create new traffic violations. It also created powerful new evidence that can make or break accident claims across the state.
If you’ve been in a car accident in Georgia, understanding how the Hands-Free Law intersects with personal injury claims could significantly impact your ability to recover compensation. Whether the other driver was on their phone or you’re worried about your own phone use being scrutinized, this law plays a crucial role in how insurance companies and courts evaluate fault and damages.
What the Hands-Free Georgia Act Actually Says
The law is more comprehensive than many drivers realize. It’s not just about texting while driving, though that’s certainly prohibited. The Hands-Free Georgia Act bans drivers from holding or supporting a wireless telecommunications device or stand-alone electronic device with any part of their body.
That means you can’t hold your phone to your ear during a call. You can’t prop it against your shoulder. You can’t rest it on your leg while using it. If you’re physically holding or supporting the device while operating a vehicle, you’re breaking the law. This applies whether you’re texting, talking, scrolling through social media, or checking your GPS.
The law does allow for hands-free use. You can talk on the phone using Bluetooth, speakerphone, or a headset as long as you’re not holding the device. Or you can use voice-activated commands to send texts, make calls, or get directions. And you can even touch your phone briefly to activate or deactivate these hands-free features, but that’s where the permissible contact ends.
GPS navigation is allowed, but only under specific conditions. Your phone or GPS device must be mounted on the windshield, dashboard, or center console in a way that doesn’t obstruct your view. You can’t hold it in your hand to check directions. The device must be positioned for hands-free use, and you can only touch it to activate or input destinations when the vehicle is lawfully parked. You can also use your phone when lawfully parked, which doesn’t include being stopped at a red light or in traffic. Being parked means you’re off the roadway or in a designated parking area with the vehicle in park.
How Violations Impact Fault Determination
Here’s where the Hands-Free Law becomes crucial to accident claims. When police respond to an accident scene, they investigate what caused the crash. If they determine a driver violated the Hands-Free Law, that violation will appear on the accident report. This documented violation becomes powerful evidence of negligence.
Georgia follows a modified comparative negligence rule in personal injury cases. This means if you’re partially at fault for an accident, your compensation gets reduced by your percentage of fault. If you’re found to be 50% or more at fault, you can’t recover anything at all. Evidence of a Hands-Free Law violation can significantly shift these fault calculations.
Let’s say you’re rear-ended at a stoplight by a driver who was texting. The police arrive, investigate, and cite the other driver for violating the Hands-Free Law. That citation creates a presumption of negligence. The other driver’s insurance company will have a much harder time denying liability or claiming you were somehow at fault. The violation speaks for itself.
Insurance adjusters know how powerful this evidence is. When they’re evaluating claims, a documented phone violation changes their calculations. They understand that if the case goes to trial, a jury will hear that the defendant was breaking the law when they caused the accident. This reality often leads to higher settlement offers in cases with clear phone violations.
Conversely, if you’re the one who was on your phone when the accident happened, that violation becomes ammunition for the other side. Even if the other driver also did something wrong, your phone violation gives them a strong argument that you share fault. This can reduce your recovery or eliminate it entirely if you’re found 50% or more responsible.
Cell Phone Records Become Critical Evidence
When a Hands-Free Law violation is suspected, cell phone records often become the battleground where cases are won or lost. These records can prove or disprove whether someone was actively using their phone at the moment of impact.
In serious accident cases, attorneys routinely subpoena cell phone records. Your carrier keeps detailed logs of calls, texts, and data usage with timestamps. If an accident occurred at 3:47 PM and the records show a text message was sent at 3:47 PM, that’s damning evidence. If a phone call was active when the crash happened, that strengthens the claim of distracted driving.
But phone records have limitations. They show that a text was sent or a call was made, but they don’t necessarily prove the driver was holding the phone. Someone could argue they were using hands-free voice commands. However, when combined with other evidence like witness statements or the driver’s own admissions to police, phone records can build an overwhelming case.
Many people don’t realize how much information can be extracted from their phones. Beyond carrier records, the phone itself contains GPS data, app usage logs, and other digital footprints. In cases involving serious injuries or fatalities, forensic experts can examine phones to determine exactly what the driver was doing in the moments before impact.
This is why it’s crucial to be honest with your attorney about your phone use during an accident. They need to know the truth to build the best defense or offense for your case. Trying to hide phone usage rarely works. The records will surface eventually, and being caught in a lie destroys your credibility.
The “Distracted Driving” Argument Gets Stronger
Before the Hands-Free Law, proving distracted driving was often a challenge. Attorneys had to rely on witness testimony, admissions from the at-fault driver, or circumstantial evidence. The Hands-Free Law changed this landscape by creating a clear, enforceable standard that makes distracted driving easier to prove and harder to defend against.
When someone violates the Hands-Free Law, they’re not just breaking a traffic regulation. They’re demonstrating a disregard for safety that courts and juries recognize as negligence. The law embodies Georgia’s public policy that drivers should focus on driving, not their devices. Violating that policy shows carelessness that directly contributed to the accident.
This matters in court. Juries don’t need to speculate about whether the driver was paying attention. The violation proves they were distracted. The defense can’t argue that briefly glancing at a phone isn’t dangerous when Georgia law specifically prohibits it. The legislative determination that handheld phone use is too risky carries weight with juries.
Insurance companies understand this dynamic too. They know that defending a driver who violated the Hands-Free Law is an uphill battle. This reality affects their settlement calculations. Cases with documented phone violations typically settle for higher amounts because insurers want to avoid the risk of jury trials where their insured’s phone violation will be front and center.
Even in cases where the Hands-Free violation isn’t cited by police, evidence of phone use can still devastate a claim. If witnesses saw the at-fault driver on their phone, or if the driver admits to using their phone before the crash, that evidence functions similarly to a formal violation. It demonstrates distracted driving that breaches the duty of care every driver owes to others on the road.
What If Both Drivers Were Using Phones?
This scenario is more common than you might think. What happens when both drivers involved in an accident were violating the Hands-Free Law? The answer involves Georgia’s comparative negligence rules, and the outcome depends heavily on each driver’s specific actions.
Courts will look at whose negligence more directly caused the accident. If Driver A was texting and drifted into Driver B’s lane, while Driver B was on a hands-free call, Driver A bears primary responsibility even though both were using phones to some degree. The key is whose phone use actually contributed to the collision.
However, if both drivers were holding their phones in violation of the law, both may share fault. Perhaps one driver was texting and ran a red light while the other was looking at GPS directions and failed to see the red-light runner in time to avoid the crash. A jury might find both drivers partially negligent, allocating fault between them based on whose actions were more directly responsible.
Remember Georgia’s rule: if you’re 50% or more at fault, you recover nothing. If you’re less than 50% at fault, your recovery is reduced by your percentage of fault. So if you’re found 30% at fault for looking at your phone while the other driver is 70% at fault for texting through a red light, you can still recover 70% of your damages.
These shared fault scenarios make cases more complex and harder to predict. They also make early legal representation even more important. An experienced attorney can gather evidence to minimize your percentage of fault while maximizing the other driver’s responsibility. Without proper representation, you might accept fault allocation that’s far less favorable than what the evidence actually supports.
How the Law Affects Insurance Investigations
Insurance companies pay close attention to the Hands-Free Law when investigating claims. Their adjusters are trained to look for evidence of phone use, and they’ll use any violations they find to reduce or deny claims.
After an accident, don’t be surprised if an insurance adjuster asks whether you were using your phone. They might phrase it casually, but it’s a loaded question. Your answer goes into their file and can be used against you later. This is one reason why it’s wise to limit your conversations with the other driver’s insurance company and let an attorney handle communications.
Insurance investigators will also look at police reports for any mention of phone use or Hands-Free Law violations. They’ll interview witnesses who might have seen drivers on their phones. In significant cases, they’ll subpoena phone records. The goal is to find any evidence that shifts fault away from their insured.
If you’re filing a claim and the other driver violated the Hands-Free Law, make sure this violation is documented and emphasized. Your attorney should include it in demand letters and settlement negotiations. It’s leverage that shouldn’t be overlooked. Insurance companies respond to clear evidence of violations because they know how these facts play in court.
On the flip side, if there’s any question about your own phone use, address it honestly with your attorney so they can develop appropriate strategies. Trying to hide phone usage from your own lawyer only hurts your case in the long run.
The Impact on Damages and Compensation
A Hands-Free Law violation doesn’t just affect who’s found at fault. It can also impact the amount of damages you can recover. When the at-fault driver’s negligence is particularly egregious, courts may award additional compensation beyond basic economic and non-economic damages.
Punitive damages are designed to punish especially reckless behavior and deter others from similar conduct. While not awarded in every case, a pattern of distracted driving or a particularly dangerous instance of phone use might justify punitive damages. If someone was watching a video or livestreaming while driving and caused a serious accident, a jury might decide that standard compensatory damages aren’t enough to send the right message.
The severity of Hands-Free Law violations can also influence jury sympathy and verdict amounts. Juries are composed of ordinary people who share the roads with distracted drivers. They’ve seen countless drivers staring at phones instead of watching traffic. When presented with clear evidence that phone distraction caused serious injuries, juries often respond with substantial verdicts.
This reality affects settlement negotiations. Insurance companies know that cases involving clear phone violations can result in significant jury verdicts. They factor this risk into their settlement offers. A case worth $100,000 without phone violation evidence might be worth $150,000 or more when there’s proof the defendant was illegally using their phone.
However, if you violated the Hands-Free Law and you’re pursuing a claim, your potential compensation will likely decrease. Even if the other driver was primarily at fault, your phone violation gives them leverage to reduce their settlement offer. They’ll argue you share responsibility, which under Georgia’s comparative negligence rules, reduces your recovery dollar for dollar based on your fault percentage.
What to Do If You’re in an Accident Involving Phone Use
The moments after an accident can be chaotic and stressful, but your actions during this time can significantly impact any future claim. If you suspect the other driver was using their phone, document everything you can.
First Steps
Start by calling the police. Always get law enforcement to the scene for accident reports. Tell the responding officer if you saw the other driver on their phone before or during the crash. This information goes into the police report and becomes official documentation of possible Hands-Free Law violations.
Look for witnesses who might have seen the other driver using their phone. Get their names and contact information. Witness testimony can be crucial, especially if the at-fault driver denies phone use. People in other vehicles, pedestrians, or nearby business owners might have observations that support your account.
Take photos of everything. Photograph the accident scene, all vehicle damage, skid marks, traffic signals, and the overall area. If the other driver’s phone is visible in their vehicle, photograph that too. Document your injuries. The more photographic evidence you have, the stronger your case becomes.
Don’t admit fault or discuss the details of the accident extensively at the scene. Stick to exchanging required information with the other driver and giving your statement to police. Don’t apologize or say things like “I didn’t see you,” which can be interpreted as admissions of negligence.
After The Accident Scene
Be careful about posting on social media after the accident. Insurance companies regularly check social media accounts for evidence they can use to deny or reduce claims. A post that seems innocent to you might be twisted to suggest you weren’t as injured as you claim or that you were somehow at fault.
Seek medical attention even if you feel okay initially. Some injuries don’t manifest symptoms immediately, and gaps in treatment give insurance companies ammunition to argue you weren’t really hurt. Medical records also document the full extent of your injuries and create a timeline that connects your medical treatment to the accident.
Most importantly, consult with a personal injury attorney before giving any recorded statements to insurance companies. The other driver’s insurer isn’t looking out for your interests. They want to minimize what they pay, and they’re skilled at getting people to say things that hurt their claims. An attorney can handle these communications and protect your rights.
Changes in How Juries View Phone-Related Accidents
The Hands-Free Law reflects and reinforces a cultural shift in how society views distracted driving. Fifteen years ago, checking your phone while driving wasn’t universally condemned. Today, it’s widely recognized as dangerous and unacceptable. This shift matters when your case goes before a jury.
Jurors are drivers themselves. They’ve been nearly hit by distracted drivers. They’ve seen people swerving between lanes while staring at their phones. Many have lost friends or family members to distracted driving accidents. When evidence shows a driver caused injuries because they couldn’t put their phone down, jurors often respond with significant verdicts.
The Hands-Free Law gives jurors a clear standard to apply. Before the law, defense attorneys could argue about whether momentary phone glances were really that dangerous. Now there’s no debate. Georgia has decided that handheld phone use while driving is prohibited, period. Jurors don’t have to wrestle with whether it’s acceptable. The law tells them it’s not.
This dynamic creates risk for defendants in phone-related accident cases. Defense lawyers understand that starting trial with a Hands-Free violation on their client’s record puts them behind from the opening statement. Juries begin with the presumption that the defendant was negligent. Overcoming that presumption requires convincing evidence that something else caused the accident despite the phone violation.
Smart defense attorneys know this, which is why many phone-violation cases settle before trial. The risk of a runaway jury verdict motivated by sympathy for injured plaintiffs and anger at distracted drivers is too great. This reality benefits people injured by distracted drivers, increasing their leverage in settlement negotiations.
The Bottom Line: Phone Use Matters More Than Ever
Georgia’s Hands-Free Law has fundamentally changed the landscape of car accident claims in the state. Phone violations are no longer peripheral issues or minor details. They’re often central to determining fault, calculating damages, and negotiating settlements.
If you’ve been injured by a distracted driver who violated the Hands-Free Law, this violation significantly strengthens your claim. It provides clear evidence of negligence that’s difficult for the defense to overcome. Your attorney should emphasize this violation throughout the claims process, from initial demand letters through trial if necessary.
If you were on your phone when an accident occurred, even if you weren’t primarily at fault, that violation complicates your claim. Be honest with your attorney about it so they can develop strategies to minimize its impact. Trying to hide phone use is usually futile and can devastate your credibility when the truth inevitably emerges.
The law applies to everyone, regardless of how urgent your phone call seemed or how briefly you glanced at your screen. Courts and juries won’t be sympathetic to excuses. The message from Georgia is clear: nothing on your phone is worth risking lives. When drivers ignore this message and cause accidents, they face serious legal and financial consequences.
For anyone involved in a Georgia car accident, questions about phone use should be taken seriously from the very beginning. Document phone violations when they occur. Assume that phone records will be subpoenaed in significant cases. Understand that your phone use, or lack thereof, will likely play a role in how your case is evaluated and resolved.
Frequently Asked Questions
Can I still use my phone for GPS navigation while driving in Georgia?
Yes, but with important restrictions. Under the Hands-Free Georgia Act, you can use GPS navigation, but your phone or GPS device must be properly mounted in specific locations on your vehicle. The device must be attached to your windshield in the lower left or right corner in a way that doesn’t obstruct your view, or it can be mounted on your dashboard or center console. You cannot hold your phone in your hand to look at GPS directions while driving. You’re allowed to touch the device briefly to activate the GPS, input a destination, or swipe to change the map view, but this should only be done when it’s safe and the device is properly mounted. The safest practice is to program your GPS before you start driving and rely on voice directions while the vehicle is in motion. If you need to make significant changes to your route, pull over to a safe location first. In an accident investigation, even lawful GPS use could be questioned if it contributed to distraction, so always prioritize attention to the road over your navigation device.
What if I was using my phone hands-free but still got into an accident—can that be used against me?
Potentially, yes. While hands-free phone use is legal under Georgia’s law, it doesn’t mean you’re completely protected from liability claims. If you were engaged in a distracting conversation or using voice commands that took your attention from the road, this could still be presented as evidence of negligence. The key question in any accident case is whether you were driving with reasonable care. Legal behavior isn’t always the same as safe or attentive driving. Insurance investigators and opposing attorneys may argue that even hands-free phone use distracted you enough to miss important cues that would have prevented the accident. Courts have recognized “cognitive distraction” where a driver’s mind is not focused on driving even if their hands are on the wheel and eyes are on the road. That said, lawful hands-free use is generally much harder to use as evidence against you compared to a clear Hands-Free Law violation. If you were in an accident while using your phone hands-free, be honest with your attorney about what you were doing so they can prepare for how this might be raised by the other side and develop appropriate defenses.
If the other driver wasn’t cited for a Hands-Free Law violation at the scene, can I still claim they were on their phone?
Absolutely. Police officers don’t always witness phone use or identify it during their accident investigation. Officers might not ask about phone use, drivers might lie about it, or the violation simply might not be apparent at the scene. The absence of a citation doesn’t mean phone use didn’t happen or that you can’t prove it occurred. Your attorney can obtain cell phone records through the legal discovery process. These records can show calls, texts, or data usage at the time of the accident. Witness testimony can also establish phone use—perhaps someone in another vehicle saw the driver staring at their phone, or a passenger in the at-fault vehicle can testify about what they observed. Some modern vehicles have event data recorders (similar to black boxes) that might provide information about the seconds before impact. Surveillance footage from nearby businesses or traffic cameras might capture the driver using their phone.