Injured by a Distracted Driver in Georgia? Here’s What You Need to Know

By Kevin Patrick|July 2, 2025|Articles

Introduction: A Growing Threat on Georgia Roads

Distracted driving is one of the most dangerous behaviors on Georgia’s roads today. Despite public awareness campaigns and stricter laws, too many drivers continue to text, scroll, or multitask behind the wheel — often with devastating consequences. If you’ve been injured in a distracted driving accident in Georgia, you’re not alone — and Kevin Patrick Law is here to help you navigate the road to recovery.


What is Considered Distracted Driving in Georgia?

Distracted driving refers to any activity that takes a driver’s attention off the road, hands off the wheel, or mind off driving. According to the Georgia Governor’s Office of Highway Safety, distractions typically fall into three categories:

  • Manual distractions: Taking your hands off the wheel (e.g., eating or adjusting the radio).

  • Visual distractions: Taking your eyes off the road (e.g., looking at a phone or GPS).

  • Cognitive distractions: Taking your mind off driving (e.g., daydreaming or arguing with a passenger).

The most dangerous form? Texting while driving, which combines all three types of distraction.


Georgia’s Hands-Free Law: What Drivers Must Know

To curb distracted driving, Georgia enacted the Hands-Free Georgia Act (OCGA § 40-6-241) in 2018. Under this law:

  • Drivers may not hold or support a phone with any part of their body while driving.

  • Sending texts, emails, or scrolling social media is strictly prohibited while behind the wheel.

  • Hands-free technology is allowed (e.g., Bluetooth or voice commands), but even these should be used cautiously.

Violating this law can result in fines and points on a driver’s license, and when distracted driving causes an accident, those violations can be used to help establish fault and liability.


The Consequences of Distracted Driving Accidents

The consequences of distracted driving in Georgia are often severe. According to the Georgia Department of Transportation (GDOT), distracted driving contributed to over 56% of all vehicle crashes in recent years. Victims may suffer:

  • Traumatic brain injuries (TBIs)

  • Neck and spinal injuries

  • Broken bones

  • Emotional trauma and PTSD

  • Long-term disability or death

At Kevin Patrick Law, we understand that your life can change in an instant due to someone else’s carelessness. We are committed to helping victims of distracted driving accidents get the medical care, financial compensation, and justice they deserve.


How Fault is Proven in a Distracted Driving Case

Establishing fault in a distracted driving accident in Georgia involves showing that the at-fault driver breached their duty of care and caused harm. Key evidence can include:

  • Cell phone records: Showing texting, calls, or app use at the time of the crash.

  • Witness testimony: From other drivers or passengers who observed distraction.

  • Traffic camera or dashcam footage: Capturing the moment of impact or distraction.

  • Police reports: Noting the driver’s behavior and any citations issued.

In some cases, expert accident reconstruction may also be used to prove negligence.


Compensation for Victims of Distracted Driving in Georgia

Under Georgia law, accident victims can seek compensation for both economic and non-economic damages:

Economic Damages:

  • Medical bills (emergency care, surgery, rehab)

  • Lost wages and future earning capacity

  • Property damage

Non-Economic Damages:

  • Pain and suffering

  • Emotional distress

  • Loss of enjoyment of life

In cases of egregious negligence, such as a driver livestreaming or repeatedly violating distracted driving laws, punitive damages may also be pursued under OCGA § 51-12-5.1.


How Kevin Patrick Law Helps Victims of Distracted Driving

Kevin Patrick, founder of Kevin Patrick Law, has built a respected personal injury practice representing victims of car accidents across Georgia. When you choose Kevin Patrick Law, you’re getting more than legal representation — you’re gaining a partner who listens, cares, and fights to win.

Here’s what you can expect:

  • A free, no-obligation consultation to assess your case

  • Thorough investigation and evidence gathering

  • Skilled negotiation with insurance companies

  • Trial-tested litigation, if needed, to maximize recovery

  • Compassionate, one-on-one support throughout the process

Kevin has earned a reputation for excellence and has served in leadership roles in the State Bar of Georgia and the Atlanta Bar Association, helping elevate standards of professionalism and advocacy.


Common Questions About Distracted Driving Cases

1. What if I was partially at fault?

Georgia follows a modified comparative negligence rule (OCGA § 51-12-33). If you are less than 50% at fault, you may still recover damages — but your compensation is reduced by your percentage of fault.

2. How long do I have to file a claim?

Under Georgia’s statute of limitations, you generally have two years from the date of the accident to file a personal injury lawsuit. Don’t wait — important evidence can disappear quickly.

3. Will the insurance company cover everything?

Insurance adjusters may downplay your injuries or offer lowball settlements. That’s why having an experienced attorney like Kevin Patrick can make a crucial difference in the value and fairness of your settlement.


Let Kevin Patrick Law Be Your Advocate

Distracted driving accidents can leave victims physically, emotionally, and financially overwhelmed. You shouldn’t have to deal with insurance companies or legal hurdles alone while trying to heal. At Kevin Patrick Law, we’re committed to holding negligent drivers accountable and helping clients rebuild their lives with dignity.

📞 Contact Kevin Patrick Law today for a free consultation. Let us help you put the pieces back together — one step at a time.

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