Distracted Driver Bicycle Accident Lawyers in Georgia & South Carolina
Distracted driving is one of the greatest threats to cyclist safety. When a driver takes their eyes off the road to read a text, check social media, or use a navigation app, they can travel the length of a football field at highway speed without looking at the road. For a cyclist sharing that road, the consequences are devastating. The NHTSA reports that distracted driving kills thousands of people annually, with cyclists and pedestrians among the most vulnerable victims.
At Roden Law, our bicycle accident attorneys represent cyclists throughout Georgia and South Carolina who have been struck by distracted drivers. We leverage phone records, app usage data, and other evidence to prove distraction and hold negligent drivers fully accountable.
Georgia and South Carolina Distracted Driving Laws
Both states have enacted laws targeting distracted driving:
- Georgia: Georgia’s Hands-Free Act (O.C.G.A. § 40-6-241.2) prohibits drivers from holding or supporting a wireless device while driving. Drivers may not write, send, or read text messages, emails, or social media while driving. Violation is a misdemeanor with escalating fines and points on the driver’s license.
- South Carolina: S.C. Code § 56-5-3890 prohibits texting while driving. South Carolina’s law is more limited than Georgia’s, focusing specifically on texting rather than all handheld use, but general negligence principles apply to all forms of distraction.
Violation of these statutes while causing a bicycle crash constitutes negligence per se — the distracted driver is legally presumed to have been negligent.
Types of Driver Distraction That Endanger Cyclists
Distraction takes three forms, all dangerous to cyclists:
- Visual distraction: Taking eyes off the road — looking at a phone, GPS, passenger, or scenery
- Manual distraction: Taking hands off the wheel — holding a phone, eating, reaching for objects
- Cognitive distraction: Taking mental focus off driving — engaged in conversation, daydreaming, or emotionally distressed
Texting combines all three forms, making it the most dangerous form of distraction. But even hands-free phone conversations create significant cognitive distraction that impairs a driver’s ability to see and react to cyclists.
Proving Distraction in Bicycle Accident Cases
Our attorneys use multiple evidence sources to prove the driver was distracted:
- Cell phone records: Call logs, text message timestamps, and data usage records that show phone activity at the time of the crash
- App usage data: Social media posts, navigation app activity, and streaming service logs timestamped to the crash
- Vehicle event data recorder (EDR): “Black box” data showing speed, braking, and steering inputs — a distracted driver typically shows no pre-crash braking
- Witness testimony: Other drivers, passengers, or bystanders who saw the driver using a phone or otherwise distracted
- Bicycle camera footage: Many cyclists use handlebar or helmet cameras that capture the moments before impact
Compensation for Distracted Driver Bicycle Crashes
Cyclists struck by distracted drivers may recover medical expenses, lost wages, pain and suffering, permanent disability, bicycle and equipment costs, and emotional distress. Because distracted driving is a conscious choice, punitive damages may be available under Georgia (O.C.G.A. § 51-12-5.1) and South Carolina law to punish the driver and deter others from similar behavior. When distraction causes a fatal bicycle crash, wrongful death damages are available to the cyclist’s family.