Distracted Driving Legal Fallout: What Happens After an Accident

Answer: Distracted driving accidents can result in civil liability, criminal charges, and significant financial penalties. When you cause an accident while texting, eating, or otherwise not focusing on the road, you may face lawsuits, insurance premium increases, and even jail time in severe cases.

If you've been involved in a distracted-driving accident, you're likely facing complex legal challenges that could impact your future. Don't chart these troubled waters alone. Lord, Kobrin, Alvarez & Fattell's experienced attorneys specialize in distracted driving cases and can help protect your rights while fighting for the compensation you deserve.

Understanding Distracted Driving: A Legal Perspective

Distracted driving encompasses any activity that diverts attention from driving, including texting, using a phone, eating, or adjusting entertainment systems.

From a legal standpoint, these actions constitute negligence when they result in accidents.

According to NHTSA data, distracted driving claimed 3,522 lives in 2021 alone, with texting being particularly hazardous as it increases crash risk by 23 times.

Most states have enacted specific laws targeting distracted driving behaviors. Currently, 48 states ban text messaging for all drivers, while 24 states prohibit handheld cell phone use entirely.

Penalties vary by jurisdiction but typically include fines ranging from $20 to $500 for first offenses.

In legal proceedings, establishing distraction requires substantial evidence. Cell phone records, witness statements, and dashcam footage often prove crucial in demonstrating driver inattention.

The attorneys at Lord, Kobrin, Alvarez & Fattell excel at gathering such evidence to build compelling cases.

The legal doctrine of “negligence per se” applies when a driver violates distracted driving laws and causes harm, simplifying the path to compensation by eliminating the need to prove the standard duty of care.

Types of Distracted Driving Behaviors and Their Legal Classifications

Distracted driving behaviors are categorized based on the type of attention they divert and their impact on driving safety, determining legal liability in accident cases.

Texting and Phone Use While Driving

Texting while driving combines visual, manual, and cognitive distractions, creating a particularly dangerous scenario.

Under personal injury law, this behavior is classified as negligence, requiring plaintiffs to prove the driver breached their duty of safe operation by texting, directly causing the accident and resulting damages.

Most U.S. states have implemented texting bans, with varying restrictions on handheld phone use.

If you've been injured by a distracted driver, Lord, Kobrin, Alvarez & Fattell can help establish this negligence through cell phone records and other evidence.

Other Common Distractions Behind the Wheel

Beyond phone use, numerous activities constitute legally actionable distractions. Eating, drinking, applying makeup, and adjusting entertainment systems all remove attention from driving tasks.

These behaviors fall under three categories: visual (taking eyes off the road), manual (removing hands from the wheel), and cognitive (mind not focused on driving).

Courts evaluate these distractions based on their reasonableness and preventability. GPS use, though common, can constitute negligence if it involves programming the device while driving rather than before departure.

State-by-State Laws on Distracted Driving

Distracted driving laws vary significantly across the United States, with each state implementing different regulations and enforcement mechanisms.

Primary vs. Secondary Enforcement States

In primary enforcement states, law enforcement officers can stop and ticket drivers solely for using a handheld device while driving.

Currently, most states with distracted driving bans utilize primary enforcement.

Secondary enforcement states only allow officers to issue citations for distracted driving if they've stopped the driver for another traffic violation first.

This distinction significantly impacts enforcement effectiveness, with primary enforcement laws demonstrating greater success in reducing accident rates.

Liability Issues in Distracted Driving Accidents

Distracted driving accidents create significant legal consequences for responsible parties. Liability typically falls on the driver who allowed distractions to impair their ability to operate a vehicle safely.

Proving Distraction as Negligence

Establishing negligence in distracted driving cases requires demonstrating four essential elements: duty of care, breach of that duty, causation, and damages.

Cell phone records, witness testimonies, and video footage serve as crucial evidence in proving a driver was distracted.

Comparative and Contributory Negligence Considerations

Your location significantly impacts how fault attribution affects compensation. In pure comparative negligence states like California and Florida, you'll recover damages reduced by your percentage of fault.

Modified comparative negligence states like Texas and Illinois bar recovery if you're found more than 50% responsible.

The strictest jurisdictions follow contributory negligence rules (Alabama, Maryland, North Carolina, Virginia, DC), where any degree of fault eliminates your right to compensation.

Civil Penalties and Damages

Distracted driving accidents trigger substantial financial consequences for at-fault drivers that extend beyond simple traffic tickets.

Fines and Traffic Violations

Distracted driving results in steep governmental penalties. In California, first-time offenders using handheld phones face fines exceeding $150, with subsequent violations causing license points and insurance rate hikes.

Nevada treats reckless driving resulting in serious injury or death as a Category B felony, punishable by up to six years of imprisonment and $5,000 in fines.

Civil Liability

When you drive while distracted and cause an accident, you're exposed to civil lawsuits from injured parties.

Courts typically hold distracted drivers financially responsible for all damages resulting from their negligence, including medical expenses, lost wages, pain and suffering, and property damage.

Compensatory Damages Available to Victims

Compensatory damages restore accident victims to their pre-accident financial position. These include economic damages like medical bills and lost income, and non-economic damages like pain and suffering.

The average distracted driving settlement ranges from $40,000 to $100,000, though cases involving severe injuries often result in substantially higher awards.

Punitive Damages in Egregious Cases

Courts award punitive damages to punish particularly reckless distracted driving behaviors. In a landmark 2012 case, a Texas jury awarded $21 million in punitive damages against a company whose employee caused a fatal accident while texting.

Criminal Charges for Distracted Driving

Distracted driving carries serious criminal consequences when accidents occur, particularly when negligence can be proven.

When Distraction Leads to Serious Injury or Death

Drivers face vehicular manslaughter charges when their distracted driving results in fatalities.

In California, these charges can result in prison sentences of up to six years when gross negligence is proven. For accidents causing serious injury without death, vehicular assault charges typically apply.

Insurance Implications Following Distracted Driving Accidents

Your insurance premium typically increases by 31-45% after a distracted driving citation. This rate hike often persists for 3-5 years, resulting in thousands of dollars in additional costs.

Insurance companies classify distracted driving as high-risk behavior. Many insurers now review cell phone records and telematics data during claims investigations to identify patterns of distraction before accidents.

Your insurance claim may face partial or complete denial if evidence shows you were distracted at the time of the accident, leaving you personally responsible for covering damages and medical expenses, which averaged $24,000 per distracted driving crash in 2022.

Recent Legal Precedents Shaping Distracted Driving Law

Several landmark court decisions have transformed how distracted driving cases are adjudicated. In Gallatin v. Garza (2022), the Supreme Court of Arizona ruled that cell phone metadata constitutes admissible evidence to establish distraction patterns.

The Meier v. Schenkman case (2021) established that employers share liability when employees cause accidents while conducting business on mobile devices during work hours.

Corporate Liability for Employee-Distracted Driving

Companies face significant legal exposure when employees drive distracted while performing work duties.

Under the doctrine of respondeat superior, employers can be held vicariously liable for accidents caused by employees acting within the scope of their employment.

Financial consequences for companies can be substantial. In 2012, Coca-Cola faced a $21 million verdict after an employee caused an accident while talking on her cell phone.

Conclusion

Distracted driving carries serious legal consequences that extend beyond the moment of looking away from the road.

If you're involved in such an accident, you face potential civil liability, personal injury lawsuits, criminal charges, and substantial financial penalties.

The terrain of distracted driving laws varies significantly across states, making legal navigation complex.

Evidence like cell phone records, witness statements, and metadata now play crucial roles in establishing liability.

Don't face these challenges alone. The attorneys at Lord, Kobrin, Alvarez & Fattell have the expertise to gather crucial evidence, navigate state-specific laws, and fight for the compensation you deserve while protecting your rights through this complex legal process.