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Negligence Per Se in Georgia: Traffic Law Violations

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If the driver who hit you broke a Georgia traffic law, that violation can count as proof of negligence by itself. Lawyers call this “negligence per se.” It can make your injury case much stronger, especially in cases involving phone use, drunk driving, or speeding.

What the Law Says

O.C.G.A. § 40-6-241, Georgia’s hands-free driving law, states in part:

(b) A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.

(c) While operating a motor vehicle on any highway of this state, no individual shall:

(1) Physically hold or support, with any part of his or her body a:

(A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication; or

(B) Stand-alone electronic device;

(2) Write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to:

(A) A voice based communication which is automatically converted by such device to be sent as a message in a written form; or

(B) The use of such device for navigation of such vehicle or for global positioning system purposes;

(3) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or

(4) Record or broadcast a video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

You can read the full statute on the Georgia General Assembly’s official code site. Two other traffic laws come up often in injury cases. O.C.G.A. § 40-6-391 bans driving under the influence of alcohol or drugs. O.C.G.A. § 40-6-181 sets Georgia’s speed limits. Both are in Title 40, Chapter 6 of the Georgia Code.

In Plain English

To win a normal injury case, you must prove the other driver was careless. That means showing they did not act as a reasonable person would. This can take time and argument. The other side may claim they drove just fine.

Negligence per se is a shortcut. “Per se” is Latin for “by itself.” The idea is simple. The legislature already decided what safe driving looks like when it wrote the traffic laws. If a driver breaks one of those laws, a court can treat that as negligence without further debate.

This rule does not come from one statute. Georgia courts created it over many years. Courts apply it when a law was meant to protect people like you from the kind of harm you suffered. Traffic safety laws almost always fit that test. They exist to protect other people on the road.

Here is what this means in practice. Suppose a driver was holding a phone when they hit you. That breaks subsection (c)(1) of the hands-free law. You can point to the violation to prove the driver was negligent. You still have to prove the violation caused the crash. And you still have to prove your injuries and their cost. But the “was the driver careless” question gets much easier.

The same logic applies to drunk driving under section 40-6-391 and speeding under section 40-6-181. A police report, a citation, or a guilty plea can be strong evidence. Even without a ticket, witness statements or phone records can show the violation.

Keep in mind that negligence per se is not a guarantee of victory. The other driver can still argue that you were at fault too. Georgia’s comparative fault rule lets the jury reduce your award by your own percentage of blame. If you were also breaking a traffic law, the other side can use negligence per se against you.

The hands-free law does have exceptions. Subsection (g) lets drivers use a phone to report a crash, a medical emergency, or a crime. It also exempts first responders on duty and drivers who are lawfully parked. Voice-to-text and GPS use are allowed under subsection (c)(2).

Example

On May 12, 2026, Devon was stopped at a light in Savannah. A car hit him from behind. The other driver, Kayla, admitted to police she was reading a text message. She got a ticket under section 40-6-241.

Devon had $18,000 in medical bills and missed three weeks of work, losing $4,500 in pay. He also had months of neck pain.

Devon’s lawyer used the ticket and Kayla’s statement to show negligence per se. Kayla broke a law meant to protect other drivers. Devon was in the class of people the law protects. The insurance company could not seriously argue Kayla drove with care. The case settled for $65,000 before trial.

If Devon had also been doing something unsafe, the result could change. Say his brake lights were burned out. Kayla’s insurer might argue he shared fault. The jury could assign him a percentage and reduce his award.

Key Points to Remember

  • Breaking a traffic safety law can prove negligence by itself in Georgia.
  • This rule is called negligence per se and comes from Georgia court decisions, not a statute.
  • The hands-free law bans holding a phone while driving, with some exceptions.
  • DUI and speeding violations are also common bases for negligence per se.
  • You must still prove the violation caused the crash and caused your injuries.
  • The rule can work against you if you broke a traffic law too.
  • A ticket or admission to police is strong evidence, but not the only way to prove a violation.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.