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Georgia's Penalties Escalate Fast, and So Should Your Case
Under the Governor's Office of Highway Safety's Hands-Free Law, a first texting or handheld phone violation in Georgia carries a $50 fine and one point on the driver's license. A second offense within 24 months jumps to $100 and two points. A third climbs to $150 and three points, and enough accumulated points can suspend a license entirely.
Those numbers look small on a traffic citation, but the underlying violation carries real weight in a civil claim. A driver cited or convicted under Georgia's Hands-Free Act has, in effect, already had a court weigh in on whether they were violating a safety statute at the time of the crash.
If you or someone you love was hurt by a driver who was texting anywhere in the Atlanta area, the attorneys at Turnbull, Moak & Pendergrass build the connection between that violation and your compensation.
Why Choose Turnbull, Moak & Pendergrass
Texting and driving cases often hinge on evidence the other driver would rather you never see, and getting to it takes real resources.
We Go After the Records That Matter
Turnbull, Moak & Pendergrass prepare every case as though it's headed to trial rather than negotiating from a position of doubt. That scale and mindset are what it takes to get a phone carrier to actually produce records instead of stalling a request.
Your Case Doesn't Get Rushed
We don't push clients toward a fast settlement just to close a file. Every case gets the time and investigation it needs before we recommend accepting or rejecting an offer.
The Death Toll Behind a Habit Most Drivers Admit To
Texting while driving isn't a rare lapse; it's a widespread habit with a real body count. According to NHTSA, 3,208 people were killed in crashes involving a distracted driver in 2024, and phone use remains one of the most common and most preventable forms of distraction behind that number.
Unlike many other risky driving behaviors, texting is something a large share of drivers openly admit to doing despite knowing the risk, which is part of why Georgia keeps ratcheting up the penalties for it.
Who Answers for a Texting-Related Crash
- The driver, for violating Georgia's Hands-Free Act or simply failing to watch the road
- An employer, if the driver was texting for work purposes, responding to a boss or client, at the time of the crash
- A rideshare or delivery company, if the driver was logged into a work app when the crash happened
Whether a driver was texting for personal or work-related reasons can change who else is financially responsible for what you're owed.
Our Roster of Attorneys The Trial Team Insurance Companies Don’t Want on Your Case
Not All Texting Distractions Look the Same
- Sending or reading a text message
- Scrolling social media or browsing the internet
- Typing into a navigation or rideshare app
- Responding to group chat or app notifications
- Video calls or watching video content while driving
Each involves some combination of visual, manual, and cognitive distraction, though the degree and duration vary by activity.
Frequently Asked Questions Texting and Driving Accident Attorneys in Atlanta
Does it matter if the driver's citation got dismissed?
Not necessarily. Georgia allows a first offense to be dismissed if the driver shows proof of a hands-free device, but that dismissal doesn't erase what happened at the time of the crash or your ability to prove it in a civil case.
How do you actually get someone's phone records?
Through a subpoena to the carrier, which is why speed matters. Carriers don't retain detailed records forever, and requesting them early is often the difference between having proof and not.
What if the driver was texting for work when they hit me?
Their employer may share responsibility. If the driver was on the clock or handling work communication at the time, that can open up a claim against the employer as well as the driver.
Do I have to pay anything up front?
No. Texting and driving cases at Turnbull, Moak & Pendergrass are handled on contingency, so there's nothing owed unless and until we recover compensation for you.
