Every year, countless families face tragedy because a driver chose to use a cell phone instead of focusing on the road. From texting to scrolling through social media, even a few seconds of distraction can cause a devastating crash. Victims are left with serious injuries, financial burdens, and emotional stress. While criminal citations punish offenders, civil lawsuits offer victims a path to recover compensation and hold drivers accountable.
At Cory Watson Attorneys, our team has decades of experience representing victims of serious car accidents. We know how to uncover the evidence that proves a driver was on their phone and how to build a strong civil case for justice. This guide explains how phone records, Alabama’s handheld device law, distraction science, and public awareness data all contribute to proving a distracted driving accident lawsuit.
Key Takeaways
- Cell phone records are critical in proving distracted driving.
- Attorneys can subpoena phone logs to confirm activity.
- Texting and driving significantly increases the risk of crashes.
- Defendants may argue contributory negligence, but attorneys fight these claims.
- Victims may recover compensation for medical expenses, lost wages, and pain and suffering.
Subpoenaing Cell Phone Records
Proving that a driver was distracted often begins with cell phone records. Attorneys send preservation letters to wireless carriers to ensure critical information is not erased. Subpoenas can then secure call logs, text records, and data sessions that align with the crash timeline.
When authenticated, these records show whether the driver was using a phone at the time of the collision. Although they may not reveal the content of messages, time-stamped activity can be powerful proof of distraction. A skilled distracted driving lawyer will work with experts to interpret these records and present them clearly to jurors and insurers.
For more on how we gather and use evidence, visit our Car Accident Attorneys practice page.
Alabama’s Handheld Device Law
In June 2023, Alabama enacted its hands-free law, making it illegal to hold a cell phone while driving. The law prohibits drivers from using a phone while driving. Violations are a primary offense, meaning officers can stop drivers solely for this violation.
The Drive Safe Alabama hands-free law summary explains how this statute improves road safety and reduces distraction-related crashes. For civil cases, a citation for violating the hands-free law can serve as evidence of negligence, strengthening a victim’s claim. Having an experienced distracted driving lawyer ensures these violations are used effectively in your case.
What Studies Show About Visual and Manual Distraction
Research consistently shows that using a phone while driving is a leading cause of accidents. Naturalistic driving studies by the Virginia Tech Transportation Institute distracted driving research found that texting can raise the risk of a crash by as much as 23 times. Texting combines visual distraction (eyes off the road) and manual distraction (hands off the wheel), creating a dangerous combination.
The National Highway Traffic Safety Administration 2022 crash statistics reported that 3,308 people were killed and 289,310 were injured in distraction-related crashes in 2022. These numbers underscore the magnitude of the issue.
In 2023, updated figures in the NHTSA distracted driving 2023 report showed 3,275 deaths and 324,819 injuries. These statistics demonstrate that distracted driving continues to be a persistent issue nationwide and reinforce the need for strict accountability.
Contributory Negligence and Passenger Distractions
Alabama applies the strict rule of contributory negligence, which can bar recovery if a victim is found even slightly at fault. Defense attorneys may argue that passengers distracted the driver or that the injured party was also using a phone.
An experienced distracted driving lawyer will counter these claims by focusing on the defendant’s phone use as the primary cause of the crash. Through evidence and expert testimony, attorneys can demonstrate that the at-fault driver’s distraction created the danger, not the victim’s conduct.
Using Public Awareness Statistics in Settlement Negotiations
Public awareness campaigns have long emphasized the dangers of using phones while driving for years. According to the Centers for Disease Control and Prevention, distracted driving risk factors, nine people die every day in the U.S. in crashes involving a distracted driver.
These statistics are not just numbers—they prove that distracted driving is widely known as dangerous and preventable. Attorneys use this data in settlement negotiations to highlight the foreseeability of crashes and the responsibility of distracted drivers. When combined with phone records and expert testimony, awareness statistics strengthen claims for full compensation.
Frequently Asked Questions
How can phone records prove a distracted driving case?
Phone records can show call activity, text messages, and data usage that align with the crash timeline.
What is Alabama’s hands-free law?
The law, enacted in 2023, prohibits the use of cell phones while driving. Violations can support negligence claims in civil court.
How does contributory negligence affect my claim?
If you are found even 1% at fault, recovery may be barred. An attorney can help fight these arguments.
Do I need expert witnesses for my case?
Expert testimony can strengthen your claim by explaining how distraction contributed to the crash.
What damages can I recover?
You may be eligible for compensation for medical expenses, lost income, pain, and suffering.
How long do I have to file a lawsuit in Alabama?
Generally, two years from the date of the crash, though exceptions may apply.
Will my lawyer work on contingency?
Yes. At Cory Watson, you pay nothing up front; we only get paid if we win your case.
What if the other driver denies using a phone?
Phone records, witness testimony, and expert analysis can still show whether the driver was distracted.
Call A Personal Injury Lawyer Today
If you or someone you love has been hurt in a crash caused by a distracted driver, you may have legal options. Civil claims provide victims with the opportunity to recover medical expenses, lost wages, and compensation for pain and suffering.
The attorneys at Cory Watson are ready to help. Visit our 'Contact Us Today' page for a free consultation. You will not owe fees unless we recover compensation for you.
About the Firm
Cory Watson Attorneys is a nationally recognized personal injury law firm with offices in Birmingham, Nashville, and Memphis. For more than 30 years, we have represented victims of distracted driving and other serious accidents, recovering over $4 billion in verdicts and settlements.
Our attorneys are committed to a client-first approach and achieving results.