Texting while driving is illegal in Georgia — and if someone hit you because they were on their phone, you can sue them. Georgia law gives you that right. But knowing that isn’t always enough. You also need to understand what the law says, what has to be proven, and what steps are involved if you decide to file a claim.
Here’s what matters under Georgia law when you’re trying to hold a texting driver accountable.
Georgia’s Hands-Free Law, officially written as Georgia Code § 40-6-241, makes it illegal for drivers to hold or support a phone with any part of their body while driving. That includes texting, emailing, watching videos, or checking apps. Even holding the phone at a red light counts — if you’re on a public road and the vehicle is in operation, you can’t have the phone in your hand.
Instead, the law requires phones to be used with hands-free technology — like Bluetooth or voice commands. Holding the phone, even for just a second, is a violation.
This law matters in a lawsuit because it sets a clear rule for safe driving. If someone broke that rule and hit you, it can be strong evidence that they weren’t being careful — which is key to proving they were at fault.
In a civil lawsuit, you can only recover money if you can prove that the other driver was “negligent.” That means they weren’t as careful as they should have been under the circumstances. Georgia defines negligence in Georgia Code § 51-1-2 as the absence of “ordinary diligence” — meaning they didn’t do what a reasonably careful driver would have done.
Using a phone behind the wheel violates Georgia’s traffic safety laws. If that distraction caused a crash, it’s not just a ticket — it’s negligence. That opens the door for you to file a claim.
It’s not enough to say the other driver was careless. You have to show that their decision to text or use their phone was a direct cause of your injuries. If they were texting while rear-ending you, for example, you’ll need to prove both the texting and how it caused the crash.
Proving the other driver was using their phone can be straightforward, or it can take some digging. There are several ways to do it:
Even if the driver denies texting, this kind of evidence can make the truth clear.
Yes, if their texting caused the crash, you can sue them under Georgia’s civil laws. The lawsuit would be a personal injury claim based on negligence.
You’d be asking the court to order the other driver (or more likely, their insurance company) to pay for the harm you suffered — things like medical bills, lost wages, and pain from the injuries.
The fact that the driver broke a safety law — in this case, Georgia Code § 40-6-241 — helps your case. Georgia courts recognize that violating a traffic law can be strong evidence of fault in a civil case.
Georgia uses a rule called modified comparative fault, which is explained in Georgia Code § 51-12-33. That means you can still recover money as long as you were less than 50% responsible for the crash. If you were partly at fault, your recovery would be reduced by your share of the blame.
For example, if you were 20% responsible and your total damages were $100,000, you’d receive $80,000. But if you were 50% or more at fault, you wouldn’t receive anything under Georgia law.
That’s why it’s important to show clear proof that the texting driver was the main cause of the crash — not you.
Drivers don’t usually admit they were texting, especially if someone got hurt. But that doesn’t mean they’re off the hook.
Phone records, video footage, and other types of evidence can still prove what happened. Even without direct proof of texting, the driver’s behavior — delayed braking, drifting across lanes, or failing to stop — can suggest distraction.
If the timing lines up, and other facts back it up, a jury can still conclude the driver was using their phone. The law doesn’t require a smoking gun — it just requires evidence that more likely than not, the driver was negligent.
Yes. In Georgia, you usually have two years from the accident date to bring a personal injury lawsuit under Georgia Code § 9-3-33. If you wait too long and miss that two-year limit, you’ll likely lose the right to sue — even if the driver was clearly at fault.
There are very limited exceptions. For example, if the injured person is a minor, the clock may not start until they turn eighteen. But in most cases, the two-year rule applies without exception.
Because of that, it’s best not to wait. Evidence can disappear, and witnesses can forget details. The sooner you act, the easier it is to build a solid case.
Yes, you can sue a driver who was texting if their distraction caused a crash that injured you. Georgia law supports this kind of claim. You’ll need to show they broke the law (Georgia Code § 40-6-241), that they weren’t acting with reasonable care (Georgia Code § 51-1-2), and that their actions directly caused your injuries. If successful, you may be entitled to compensation — even if you were partly to blame, as long as your share of fault is under fifty percent (Georgia Code § 51-12-33).
It’s not always easy, and every case is different. But if you were hit by someone who was more focused on their phone than the road, you have legal options — and a right to hold them accountable.
If you’ve been injured in a crash caused by someone who was texting behind the wheel, you may have the right to take legal action and recover compensation. To understand your rights and options, contact Atlanta car accident attorneys at Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation.