A glance at a phone lasts seconds. The damage it causes can last a lifetime.
TMP Master Class - Personal Injury Litigation
Georgia Treats This Distraction as Its Own Violation
Distracted driving covers a wide range of behavior, but Georgia singles one form of it out by name. The Hands-Free Georgia Act, O.C.G.A. § 40-6-241, bans drivers from holding or physically supporting a phone at all while driving, not just texting.
That distinction matters in a claim. When a driver violates a safety statute like this one, the violation itself can establish negligence per se, meaning you don't have to separately prove the driver failed to use reasonable care. The law already set that standard, and they broke it.
If you or someone you love was hurt by a distracted driver anywhere in the Atlanta area, the attorneys at Turnbull, Moak & Pendergrass will build the case around exactly what the law requires of them.
Why Choose Turnbull, Moak & Pendergrass
Distracted driving cases often come down to evidence that isn't sitting in plain sight at the scene, and that's where the right legal team earns its keep.
We Know Where to Look for Proof
Our attorneys request phone records, app data, and vehicle infotainment logs before that evidence can be lost or overwritten. We prepare every case as though it's headed to trial, which means building the proof early rather than hoping it surfaces later.
Your Recovery Isn't an Afterthought
We don't measure success by how quickly a file closes. Every client gets a real strategy built around their actual injuries and circumstances, not a standard script.
Just How Widespread This Problem Is
Distracted driving isn't a marginal issue on Georgia roads; it's a dominant one. According to the Governor's Office of Highway Safety, a confirmed or suspected distracted driver was involved in roughly half of all Georgia crashes in a recent reporting year, and distraction was a suspected factor in 41 percent of the state's fatal crashes in 2023.
Principal arterial roads, the kind of high-traffic corridors that run through much of metro Atlanta, see the highest rate of distraction-related crashes of any road type in the state.
The Three Ways a Driver's Attention Slips
Georgia law and safety researchers generally group distractions into three categories:
- Cognitive: The mind wanders, even with eyes on the road, whether from a phone conversation, an argument, or simple daydreaming
- Visual: The eyes leave the road, whether for a text message, a navigation screen, or an accident on the shoulder
- Manual: The hands leave the wheel, whether to eat, adjust the radio, or reach for something in the back seat
Many distractions, like texting, involve all three at once, which is part of why they're so dangerous.
Who Answers for a Distracted Driving Crash
In most cases, liability rests with the distracted driver, but a few other parties can share responsibility:
- The driver, for violating Georgia's Hands-Free Act or simply failing to pay attention
- An employer, if the driver was texting or on a call for work purposes at the time
- A rideshare or delivery company, if the driver was logged into an app and working when the crash happened
Determining whether a driver was distracted for personal or work-related reasons can change who else is on the hook for your damages.
Our Roster of Attorneys The Trial Team Insurance Companies Don’t Want on Your Case
The Everyday Habits Behind These Crashes
- Texting, browsing, or holding a phone in violation of Georgia's Hands-Free Act
- Using a navigation app or adjusting a route while driving
- Eating, drinking, or grooming behind the wheel
- Talking with passengers or handling children or pets in the car
- Adjusting the radio, climate controls, or infotainment system
What ties these together isn't the specific activity; it's the moment of inattention each one creates.
Frequently Asked Questions Distracted Driving Accident Attorneys in Atlanta
What if I was also distracted at the time of the crash?
You may still have a claim. Georgia's comparative negligence rule reduces your compensation by your percentage of fault rather than eliminating it, as long as you're found less than 50 percent responsible, and your distraction may not have even contributed to the crash.
What if the driver says they were just reaching for something, not texting?
That distinction rarely matters legally. Manual and visual distractions, reaching for an object included, can support a negligence claim the same way texting does, even without a Hands-Free Act violation attached.
Can I still have a case if there's no physical evidence like skid marks?
Yes. The absence of skid marks is often itself a clue that the driver never saw the hazard in time to react, and we build these cases through records and witness accounts rather than physical evidence alone.
Do I have to pay anything up front?
No. We take distracted driving cases on a contingency fee, so payment only comes out of what we recover for you, never out of pocket along the way.
