Savannah Texting and Driving Accident Lawyer

LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
July 11, 2025

A Savannah texting and driving accident lawyer can provide the focused legal support you need after a serious crash caused by a distracted driver. According to the National Highway Traffic Safety Administration (NHTSA), 3,275 people were killed in the United States in 2023 in crashes involving distracted drivers.

Distracted driving crashes are not random events. They are the result of reckless and illegal choices made by drivers.

When a driver chooses to read or send a text message, their attention shifts away from the road. These lapses in awareness often lead to violent crashes that leave innocent victims with life-altering injuries and emotional trauma. Knowing your pain could have been prevented if the other driver made a safer choice can make the situation even more frustrating and unjust.

If you are now facing the physical, emotional, and financial impact of a crash caused by texting and driving, you should not have to handle the legal process on your own. An experienced attorney can help you establish liability, prove negligence, and pursue potential compensation for your losses.

Contact Hasner Law PC today at (912) 234-2334 for a free and confidential consultation. We are ready to help you hold the responsible driver accountable.

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Savannah Texting and Driving Accident Guide

How a Savannah Texting and Driving Accident Attorney at Hasner Law Can Help

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Proving that a distracted driver was using their phone at the time of a crash can be one of the most difficult parts of a personal injury case. Most drivers won’t admit they were texting, and insurance companies often work quickly to protect their clients and shift blame elsewhere. Because distracted driving is such a major factor in these collisions, insurers will often fight hard to avoid taking responsibility.

When you work with a Savannah texting and driving accident attorney from Hasner Law, we act right away to protect your case and secure the evidence needed to support your claim. One of our first steps is to send a legal notice, known as a spoliation letter, to both the at-fault driver and their cell phone provider.

This notice requires them to preserve critical phone records and data from the time surrounding the crash, which can be lost or erased if not requested promptly. In addition to preserving digital evidence, our legal team conducts a detailed investigation into the crash itself.

We start by reviewing the police report and then search for video footage from traffic cameras and other sources. We examine surveillance video from nearby businesses and review any available dashcam footage that may have recorded the driver looking down at their phone. If there were people nearby who witnessed the crash, we would reach out to interview them and gather their accounts of what happened.

While we collect evidence and build your case, we also take over all communication with the insurance company. This means you won’t have to deal with aggressive calls, pressure to give recorded statements, or tactics designed to minimize your injuries.

Our attorneys, who have more than 80 years of combined experience helping injury victims in Georgia, understand how to present a clear and convincing case that shows exactly how the other driver’s careless decision to use their phone caused serious harm.

As you focus on healing, we focus on protecting your rights and holding the responsible driver accountable.

Understanding Georgia’s Hands-Free Law and How It Affects Your Case

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To address the serious risks posed by distracted driving, Georgia passed a strong hands-free law aimed at keeping drivers off their phones. This law, outlined in the Official Code of Georgia Annotated § 40-6-241, is a key tool in holding drivers accountable when they break traffic safety rules.

The law makes it illegal for drivers to hold or support a phone with their hands, shoulder, or any part of their body while the vehicle is moving. This includes having the phone in a hand, on a lap, or balanced between the shoulder and ear.

Specifically, drivers are not allowed to:

  • Write, read, or send text messages, emails, or other types of written communication
  • Watch videos on a phone or mobile device while driving
  • Record or stream video content while operating a vehicle

If the driver who caused your crash was ticketed for breaking the law, it could strengthen your personal injury claim. A traffic citation can serve as evidence of what’s known as negligence per se, a legal concept that applies when someone violates a safety law meant to protect others.

In these cases, the driver may be considered legally negligent simply because they broke that law. Even if the insurance company tries to blame the crash on something else, this type of evidence makes their argument much harder to defend.

How a Savannah Texting and Driving Accident Attorney Proves Phone Use

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In texting and driving cases, the most difficult part is showing that the driver was using their phone at the exact time of the crash. These incidents happen quickly, and there are often no witnesses to confirm the driver’s actions. That is why the experience and tools of a skilled attorney can make a real difference in uncovering the facts.

Using Cell Phone Records as Key Evidence

One of the strongest ways to prove texting while driving is through the driver’s phone records. A Savannah texting and driving accident attorney at Hasner Law can issue a subpoena to the driver’s cell phone provider, such as Verizon, AT&T, or T-Mobile, requiring them to hand over detailed phone logs from the time of the crash.

The records do not reveal message content, but they show exactly when the phone was used. This includes the times texts were sent or opened, calls were made, or mobile data was used. By comparing these records to the official crash time listed in the police report, we can often create a timeline that clearly shows the driver was distracted.

Finding Video That Captures the Crash

If a video shows the driver looking down at a phone or not watching the road, it can be one of the most convincing pieces of evidence. Our team carefully reviews the area around the crash to find any cameras that may have recorded what happened.

This includes traffic cameras, security cameras at nearby stores, home doorbell cameras, or dashcams from other cars. It is important to act quickly, as many cameras automatically delete or record over footage after only a few days.

Gathering Statements from Witnesses

Another way to strengthen a texting and driving case is by talking to people who saw the crash. These witnesses could be other drivers, pedestrians, cyclists, or anyone nearby who noticed the driver’s behavior.

A witness statement describing the driver looking down or swerving just before the crash can strongly support other evidence, such as phone records or surveillance footage. For example, a statement like, ‘I saw the driver looking at their phone before the crash,’ can significantly reinforce your claim.

At Hasner Law, we are committed to helping people hurt by distracted drivers. If you need a Savannah texting and driving accident attorney to help prove your case and protect your rights, we are ready to get to work. Our team takes the legal burden off your shoulders so you can focus on healing and moving forward.

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Common Injuries in High-Impact Texting and Driving Crashes

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When a texting driver causes a crash, they often don’t brake or try to avoid impact. This can lead to high-speed collisions that result in serious injuries. Common injuries include:

  • Severe Whiplash and Neck Injuries: In a rear-end crash caused by texting, the victim often has no chance to brace for impact. This can lead to severe hyperextension of the neck, causing serious damage to the muscles, ligaments, and cervical discs.
  • Traumatic Brain Injuries (TBIs): The violent force of a high-speed, unexpected impact can cause the head to strike the steering wheel, window, or headrest. This can lead to concussions or more severe brain injuries with long-term cognitive and emotional effects.
  • Herniated Discs and Back Injuries: The compression forces on the spine during a high-speed rear-end collision can cause a spinal disc to rupture or herniate, which can require surgery and lead to chronic pain.
  • Compound Fractures and Crush Injuries: When the impact is severe, the force can be great enough to cause complex bone fractures or crush injuries, particularly to the legs and torso.

These types of injuries can have lasting physical, emotional, and financial effects, making it even more important to work with an attorney who understands how to prove fault in texting and driving cases.

FAQs for Savannah Texting and Driving Accident Attorneys

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What should I do if I suspect the person who hit me was texting?

Your first priority is to stay safe and get medical attention. If you are able to speak with the police at the scene, tell the officer what you saw. A simple statement like, “I saw the driver looking down at their phone right before the crash,” may be added to the official report. This detail can help your attorney request the driver’s phone records and begin building your case right away.

What is the difference between a texting and driving case and a general distracted driving case?

Texting is a specific type of distracted driving, but cases where texting can be clearly proven are often stronger. Georgia’s Hands-Free Law directly bans reading, writing, or sending texts while driving.

If this rule is broken, it may qualify as negligence per se. This means the driver is presumed negligent under the law for violating a safety statute. Other distractions, like daydreaming or reaching for something, are harder to prove and usually rely on more general legal standards.

Can the other driver refuse to share their phone records?

While a driver may not want to turn over their phone records, they cannot stop a valid subpoena from reaching their cell phone provider. Phone companies such as Verizon, AT&T, or T-Mobile are required by law to provide records when ordered by the court. This process gives your attorney access to important information, even if the other driver refuses to cooperate.

If the driver who hit me was a teenager, can their parents be held responsible?

In some cases, yes. Georgia follows the family purpose doctrine, which can hold parents responsible when they allow a family member to use their car for general purposes. If the teen was driving a car owned by their parent, and the parent gave them permission to use it, the parent’s insurance policy may be responsible for the damage caused in the crash.

Why should I hire a lawyer who focuses on texting and driving cases?

These cases often involve a very specific kind of investigation. An attorney with experience in texting and driving claims will know how to act quickly to preserve evidence, such as phone records or surveillance video. They understand how phone data works, how to obtain it legally, and how to use it to prove that the crash was caused by someone texting behind the wheel.

While public agencies like the Governor’s Office of Highway Safety in Georgia help raise awareness, your attorney focuses on holding the driver accountable and helping you move forward.

Get Help from a Savannah Texting and Driving Accident Attorney Today

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When a driver chooses to text behind the wheel, they are putting their own convenience ahead of your safety. If their choice causes a crash, the harm you suffer is not just a random accident. It is the result of a preventable and illegal decision.

At Hasner Law, we are committed to standing up for individuals who have been injured by distracted drivers. Our team has the experience, resources, and determination to thoroughly investigate your case and hold the responsible parties accountable, even when insurance companies try to avoid liability.

You should not have to face this situation alone or settle for less than what your case may be worth. Let our legal team support you in seeking accountability and moving forward with greater clarity and confidence.

Call our Savannah office today at (912) 234-2334 to schedule a free consultation with a Savannah personal injury lawyer. We are here to listen, answer your questions, and help you take the next step.

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Hasner Law: Savannah Injury & Workers’ Compensation Attorneys

221 W York St,
Savannah, GA 31401

Ph: 912-234-2334

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Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.