How Do Distracted Driving Laws Impact Personal Injury Claims?

Distracted driving is one of the most common and most preventable causes of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 3,500 lives in 2021 alone and injured tens of thousands more. As smartphones and in-car technologies have become more prevalent, states have responded with stricter distracted driving laws. 

If you or a loved one has been injured by a distracted driver, our car accident lawyers at Morelli Law will help you navigate the legal system and hold negligent drivers accountable. How are distracted driving laws impacting personal injury claims? 

What Is Distracted Driving?

Distracted driving is defined as any time a driver takes their attention off the task of driving. Distractions can be visual, manual, or cognitive, and they can be brief or prolonged. In other words, if you take your eyes off the road, your hands off the wheel, or your mind off driving, you are driving distracted. This can lead to moments of distraction all the way up to full-scale incidents that cause catastrophic injuries. 

Some common examples of distracted driving include: 

• Texting or checking emails on a phone 
• Making or receiving phone calls 
• Eating or drinking 
• Adjusting the radio or GPS 
• Talking to passengers 
• Applying makeup or grooming 
• Reaching for items in the car 

While not all distractions are illegal, many states have enacted laws targeting the most dangerous types. Phone use is the most notable example that is now illegal in many states. 

What Do Distracted Driving Laws Prohibit?

Distracted driving laws vary by state, but they generally prohibit a few common actions by drivers: 

Texting While Driving 

Nearly every state in the U.S. now bans texting while driving. This includes writing, sending, or reading text messages on a handheld device. 

Handheld Phone Use

Secondary to texting, many states also ban all use of handheld devices while driving. In these states, drivers are only allowed to use phones in hands-free mode. Any use at all while driving is illegal. Additionally, some laws are stricter for new drivers or commercial vehicle operators, such as truck drivers or school bus drivers, prohibiting any phone use at all, even if it’s hands-free. 

Distracted Driving as a Secondary Offense

In a few states, distracted driving is a “secondary offense,” meaning a police officer must observe another traffic violation before pulling someone over for using a phone. 

As distracted driving laws evolve, many states are expanding definitions to cover any use of electronic devices, including streaming, video calls, or scrolling social media. 

How These Laws Affect Personal Injury Claims

When you’re involved in a car accident and seek damages through a personal injury claim, your car accident lawyer must prove that negligence or recklessness was the single cause or a key contributor to the accident. With new distracted driving laws on the books, our car accident attorneys at Morelli use these laws to help establish negligence. 

In many cases, breaking a traffic law can be considered “negligence per se.” This legal concept means that the driver is automatically presumed negligent if they violated a law designed to prevent the kind of harm that occurred. If a driver was texting when they hit your car, and texting while driving is illegal in your state, that violation can be used to support your injury claim. 

In distracted driving claims, we often seek phone records, dash cam footage, traffic camera video, and eyewitness testimony to prove the driver was using a device at the time of the crash. If the investigation shows a driver was actively using their phone, that information can be an important part of building your case and winning your claim. 

Comparative Negligence May Still Apply

In some states, personal injury claims are subject to comparative negligence rules. This means that if both drivers were partially at fault, the injured party’s compensation may be reduced based on their percentage of fault. Demonstrating that the other driver was distracted and broke the law can reduce your share of fault. It can even eliminate it entirely. 

What Our Car Accident Lawyers Look For

When investigating a distracted driving case, we will work to uncover any proof that the other driver was not paying attention. We use every resource at our disposal to uncover facts that will help build the strongest case possible for you and your family. This can include: 

• Requesting cell phone records 
• Interviewing eyewitnesses 
• Collecting surveillance or dash cam footage 
• Reviewing police reports for citations or observations 
• Consulting accident reconstruction experts 

The stronger the evidence of distracted driving, the more leverage we will have in negotiating a settlement, pursuing your case in court, and winning. 

Get the Help You Need for Your Car Accident Lawsuit

At Morelli Law, we understand how life-altering a distracted driving accident can be. You may be facing painful injuries, mounting medical bills, and lost income, and this is all because someone else made a careless choice behind the wheel. Our legal team is experienced in investigating complex car accident claims and holding negligent drivers accountable. 

We handle every aspect of your case—from gathering evidence to dealing with insurance companies—so you can focus on healing. You won’t pay any legal fees unless we win your case. 

If you believe your accident was caused by a distracted driver, don’t wait to get legal help. Important evidence can disappear quickly, and deadlines apply to filing a claim. Contact us for a free case evaluation. We’ll help you understand your legal rights and fight for the compensation you deserve.