Distracted Driving Accident Claims

A glance at a phone can shatter lives — when a distracted driver causes a crash, their inattention is negligence.

Distracted driving has become one of the leading causes of traffic crashes as smartphones, navigation systems, and in-vehicle technology compete for drivers' attention. Distraction takes three forms — visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving) — and texting is uniquely dangerous because it combines all three. A driver traveling at highway speed can cover the length of a football field in the few seconds it takes to read a message, during which they are effectively driving blind. These crashes produce the full spectrum of injuries, from whiplash and fractures to traumatic brain and spinal injuries and fatalities, often because the distracted driver never brakes before impact. A key challenge and opportunity in these claims is proving distraction, since drivers rarely admit they were on their phone. Skilled attorneys obtain cell phone records through subpoena to show call, text, and data activity at the moment of the crash, and pair this with event data recorder downloads, dashcam and surveillance footage, and witness accounts of erratic driving. In many states, texting or handheld phone use while driving is illegal, and a citation supports a negligence-per-se theory. Beyond phones, distraction includes eating, grooming, adjusting controls, and attending to passengers. Recoverable damages mirror other serious auto cases — medical expenses, lost income, diminished earning capacity, and pain and suffering — and egregious phone use can sometimes support punitive damages. Preserving phone records before they are purged is critical.

For informational purposes only. Not legal advice. Consult a licensed attorney.