Current State of Distracted Driving in Atlanta and Georgia

Georgia ranks sixth nationally for distracted driving incidents, with a distraction rate of 15.5% in the first half of 2023, significantly exceeding the national average of 12.1%. In Atlanta specifically, the problem is even more pronounced, with research from Emory University's Injury Prevention Research Center finding that approximately 18% of Atlanta motorists drive while distracted, compared to 13% in the rest of Georgia. These alarming statistics translate into real-world consequences: approximately 70% of car accident fatalities in Georgia involve some form of distracted driving, with confirmed distraction contributing to 44 fatal crashes in 2019 alone.

The scope of distracted driving extends beyond simple cell phone use to encompass visual distractions (taking eyes off the road), manual distractions (removing hands from the wheel), and cognitive distractions (mental focus diverted from driving). Atlanta sees approximately 30,000 car accidents annually, with recent data showing 28,000 accidents reported to Atlanta Police Department in 2023. These incidents frequently result in serious injuries, property damage, and tragic fatalities that could have been prevented. For victims and their families, understanding how distracted driving relates to personal injury claims becomes crucial for obtaining fair compensation. Georgia's legal framework allows accident victims to pursue claims against negligent drivers whose distracted behavior caused harm, with compensation available for medical expenses, lost wages, pain and suffering, and other damages. The state's comparative fault system means that even if a victim bears partial responsibility, they may still recover damages provided their fault percentage remains below 50%.

Legal Rights and Considerations

Georgia's Hands-Free Act, enacted in July 2018, prohibits drivers from physically holding or supporting wireless telecommunications devices or stand-alone electronic devices while operating a motor vehicle. Violations carry penalties of up to $50 for first offenses and one point on the driver's license, escalating to $100 and two points for second violations within 24 months. Under Georgia's fault-based insurance system, drivers must carry minimum liability coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. However, these minimum limits often prove inadequate for serious distracted driving accidents.

Personal injury victims have two years from the accident date to file lawsuits under Georgia's statute of limitations (O.C.G.A. § 9-3-33), though certain exceptions may extend this deadline. Property damage claims have a four-year limitation period. Georgia follows a modified comparative negligence rule, allowing recovery of damages only if the plaintiff is less than 50% at fault, with compensation reduced proportionally by the plaintiff's fault percentage. Available compensation may include economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases involving egregious negligence, punitive damages may also be awarded. Insurance considerations include potential coverage gaps when at-fault drivers carry only minimum limits, making uninsured/underinsured motorist coverage valuable protection for victims of distracted driving accidents. An experienced Atlanta distracted driving accident lawyer will handle all aspects of the legal claim.

• Atlanta spinal cord injury attorney;
• Atlanta brain injury attorney;
• Atlanta burn injury lawyer;
• Atlanta catastrophic injury attorney;

Related Resources

Local Courts

• Fulton County Superior Court - 136 Pryor Street SW, Atlanta, GA 30303
• Fulton County State Court - 185 Central Avenue SW, Atlanta, GA 30303
• DeKalb County Superior Court - 556 N McDonough Street, Decatur, GA 30030
• Gwinnett County Superior Court - 75 Langley Drive, Lawrenceville, GA 30046
• Cobb County Superior Court - 70 Haynes Street, Marietta, GA 30090

Support Services for Accident Victims

• Atlanta Victim Assistance, Inc. - (404) 588-4900
  • Nonprofit serving crime and accident victims with advocacy, crisis intervention, and court support
• Georgia Department of Public Safety Victim Assistance - (404) 624-7550
  • Assistance with crash investigations involving serious injuries or fatalities
• MADD (Mothers Against Drunk Driving) - National organization providing support for impaired driving victims
• Road Peace - National support group for road traffic accident victims and families
• Georgia Crime Victims' Compensation Program - Financial assistance for victim-related expenses

Legal and Traffic Resources

• Georgia Hands-Free Law - gahighwaysafety.org/hands-free-law/
• Georgia Traffic Safety Facts - gahighwaysafety.org
• O.C.G.A. § 40-6-241 - Georgia's distracted driving statute
• National Highway Traffic Safety Administration - nhtsa.gov
• Distraction.gov - Federal resource on distracted driving prevention
• Georgia Department of Driver Services - dds.georgia.gov
• Georgia Electronic Accident Reporting System (GEARS) - Official accident data repository

Return to the Atlanta accident statistics information page