As the recent AJC article points out, texting while driving is illegal in Georgia. Not only is it illegal, but it also contributes to many catastrophic car accidents on Georgia roads every year. The prohibition against texting while driving is expressly found in the Georgia Rules of the Road. Under O.C.G.A. § 40-6-241, all Georgia drivers shall exercise due care in operating a motor vehicle on the highways of the state of Georgia and shall not engage in any actions which shall distract the driver from the safe operation of the driver’s vehicle, provided that the proper use of a radio, CB radio, amateur ham radio or mobile telephone shall not be a violation of the Code. However, this code section was updated in 2010 to make explicitly state that “no person who is 18 years of age or older or who has a class C license shall operate a motor vehicle on any public road or highway . . . while using a wireless telecommunications device to write, send, or read any text-based communication, including but not limited to, a text message, instant messaging, e-mail, or Internet data.Wireless telecommunications device is defined as, “a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with any other person. O.C.G.A. § 40-6-241.2 et. seq.
So, in other words, drivers must use due care while using the cell phones while driving in Georgia, however they may not type or read text messages while driving. This is not to say that since a driver was “only on the phone” will the inquiry of whether the driver was negligent and whether the negligence caused the victim of the wreck’s injuries cease. The law is clear that one may utilize the privilege of talking on a cell phone while driving in Georgia, however there is a corresponding duty to not let your telephone call distract you in any way, especially in a way that will contribute to you causing an accident. This type of negligence has become more and more prevalent in our investigation of Atlanta car wrecks. More and more drivers, and especially commercial drivers who are certainly in a position to cause a lot more damage due to the size of the vehicles they driver, are distracted while talking on the phone, or are texting and this is often determined to be the cause of the wreck.
Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.