What Happens If the At-Fault Driver Was Distracted by a Phone?

We’ve all seen it—drivers glancing down at their phones, texting at stoplights, or scrolling through apps while moving. Unfortunately, distracted driving is one of the leading causes of accidents in the U.S., and cell phones are at the heart of the problem. If you’ve been injured in a crash caused by a distracted driver, it’s important to know how distracted driving phone accidents impact liability, evidence, and your chances of securing fair compensation. “free case evaluation before hiring a lawyer


Why Distracted Driving Is So Dangerous

When drivers take their eyes off the road—even for a few seconds—the consequences can be catastrophic. According to safety studies, looking at a phone for just five seconds at 55 mph is like driving the length of a football field blindfolded.

There are three main types of distraction:

  • Visual – Looking at a phone screen instead of the road
  • Manual – Taking hands off the wheel to type, swipe, or hold the phone
  • Cognitive – Mentally focusing on a text or call instead of driving

When all three combine, the risk of an accident skyrockets.


Proving the Driver Was Distracted

If the at-fault driver was on their phone, proving it can make your case much stronger. Common forms of evidence include:

  • Phone records – Showing calls or texts at the exact time of the crash
  • Traffic camera or dashcam footage – Catching the driver in the act
  • Witness statements – From passengers, pedestrians, or other drivers
  • Police reports – Officers may note phone use or issue a citation
  • Driver admissions – Sometimes drivers admit they were texting or using GPS

Your attorney can subpoena records and gather evidence that the accident was caused by phone distraction.


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How Distracted Driving Affects Liability

In most states, using a phone while driving is considered negligence. That means:

  • The distracted driver is typically held liable for the accident.
  • Their insurance company will likely be responsible for covering damages.
  • If the phone use violated state law (such as texting while driving bans), it can strengthen your case even further.

In some severe cases, distracted driving may even rise to the level of reckless driving, which could increase penalties and damages.


What Compensation Can You Recover?

If you were injured in a distracted driving accident, you may be entitled to compensation for:

  • Medical bills – From emergency treatment to long-term care
  • Lost wages – If you missed work due to your injuries
  • Reduced earning capacity – If you can’t return to your previous job
  • Pain and suffering – For physical pain and emotional trauma
  • Property damage – Repair or replacement of your vehicle

The amount depends on the severity of your injuries, the strength of the evidence, and how clearly distraction can be proven.


Insurance Company Tactics in Distracted Driving Cases

Even if it seems obvious the other driver was distracted, insurance companies may still try to minimize your claim. They may argue:

  • You were partially at fault for the accident
  • Your injuries aren’t as severe as claimed
  • There isn’t enough proof of phone use

This is why building a strong case and working with an experienced lawyer is critical.


Why Legal Representation Matters

Distracted driving accident claims can get complicated, especially when it comes to proving phone use. A skilled attorney can:

  • Subpoena phone records to show distraction at the time of the crash
  • Gather and preserve evidence before it disappears
  • Work with accident reconstruction experts
  • Negotiate aggressively with insurance companies
  • Represent you in court if needed

With professional help, you stand a much stronger chance of recovering full and fair compensation.


Conclusion

If you’ve been hurt in a crash caused by a driver who was glued to their phone, you have rights. Distracted driving phone accidents are entirely preventable, and those responsible should be held accountable.

👉 Don’t wait—get the legal guidance you need now. Request a Free Case Evaluation today and let an experienced attorney fight for the compensation you deserve.

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