Distracted Driver Pedestrian Accident Lawyers in Georgia & South Carolina
Distracted driving has become one of the leading causes of pedestrian injuries and deaths in the United States. When a driver is looking at a phone, texting, adjusting a GPS, or otherwise distracted, they are far less likely to see a pedestrian — and far less able to stop in time. The NHTSA reports that distracted driving killed 3,308 people in a recent year, with pedestrians representing a substantial and growing share of those deaths.
At Roden Law, our pedestrian accident lawyers aggressively pursue distracted driver cases. Cell phone records, vehicle infotainment data, and dashcam footage can prove a driver was distracted — and we know how to obtain and present this evidence to maximize compensation for our clients.
Distracted Driving Laws in Georgia and South Carolina
Both states have enacted laws specifically targeting distracted driving:
- Georgia Hands-Free Law: Since July 2018, Georgia’s Hands-Free Act (O.C.G.A. § 40-6-241.2) prohibits drivers from holding or supporting a phone with any part of their body while driving. Drivers may not write, read, or send texts, watch videos, or record video while driving.
- South Carolina Texting Ban: South Carolina law (S.C. Code § 56-5-3890) prohibits texting while driving. South Carolina has been considering broader hands-free legislation.
Violating these statutes while striking a pedestrian creates strong evidence of negligence — the driver was breaking the law at the moment of the crash.
Types of Driver Distraction That Cause Pedestrian Crashes
Distraction comes in three forms, and phone use involves all three simultaneously:
- Visual distraction: Eyes off the road — looking at a phone screen, GPS, or infotainment display instead of scanning for pedestrians
- Manual distraction: Hands off the wheel — holding, swiping, or typing on a device instead of maintaining vehicle control
- Cognitive distraction: Mind off driving — focusing on a conversation, message, or content rather than the driving environment
This is especially dangerous in school zones where children are present. A driver looking at a phone for just 5 seconds at 30 mph travels 220 feet — more than half a city block — effectively blind. In that distance, a pedestrian can step off the curb, enter a crosswalk, and be struck before the driver ever looks up.
Proving Distraction in Pedestrian Crash Cases
Our attorneys use multiple sources of evidence to establish that a driver was distracted:
- Cell phone records: Call logs, text message timestamps, and app usage data showing activity at the time of the crash
- Infotainment system data: Modern vehicles log touchscreen interactions, Bluetooth connections, and navigation inputs
- Dashcam and traffic camera footage: Video showing the driver looking down or not reacting to the pedestrian
- Witness testimony: Observers who saw the driver on a phone or looking away from the road
- Crash dynamics: No evidence of braking or evasive action before impact — a hallmark of distracted driving. This pattern is common in crosswalk accidents where distracted drivers fail to yield.
When a distracted driving statute violation is proven, it constitutes negligence per se in many jurisdictions, meaning the driver is presumptively negligent. Combined with the devastating injuries pedestrians suffer, these cases often result in substantial compensation including the potential for punitive damages under Georgia law (O.C.G.A. § 51-12-5.1) when the conduct is particularly egregious.