Hurt By Driver With Head Up His Apps?™

January 28, 2020

Many motorists spend more time looking at their cell phones than paying attention to the road. Between texting, emailing, Facebook, Instagram, Twitter, Snapchat, and numerous other apps, cell phones offer countless distractions. The National Highway Traffic Safety Administration provides that in 2017 (the last year that data is available) 3,166 lost their lives due to distracted driving. These people would be alive today had the driver who hit them not had his “head up his apps.”

Georgia is attempting to combat this problem. On July 1, 2018, Georgia implemented a hands-free law. Under this statute, motorists are prohibited from touching the phone while driving. And this prohibition extends to watching videos, recording videos, writing, reading or sending text messages, e-mails, social media content and other internet data while on the road. It is unclear whether this law is having its intended impact of removing a driver’s “head up his apps.” Many people continue to use their telephone while driving, undeterred by the $50 fine and one point against their driver’s license for the first conviction.

At HS Law, we handle car accident and truck accident cases. Many of our clients were hurt when the other driver had his “head up his apps.” In those cases which go into litigation, one of the first steps we take is obtain the other driver’s cell records through a subpoena or what is known as a :nonparty request for the production of documents”. While the cell records do not always tell the whole story, oftentimes we can see that the driver was texting in the moments prior to the crash. It is a problem that does not appear to be going away anytime soon.

If you were hurt by driver with his head up his apps, please contact the attorneys at HS at (404) 400-1175. We are here to help.