Distracted driving, texting, scrolling, talking, or otherwise taking attention off the road, causes a large and growing share of crashes. At freeway speed, glancing at a phone for just a couple of seconds means traveling the length of a football field essentially blind. The results are predictable and often catastrophic.
A Modern Epidemic on Arizona Roads
Arizona took action against this danger with a statewide law restricting handheld phone use behind the wheel.
Arizona's Handheld Phone Ban
Arizona law now prohibits drivers from holding or using a cell phone while driving, with limited exceptions. Drivers may not talk on a handheld phone, text, or browse while behind the wheel. Violating this law is itself evidence of negligence, a driver who broke the phone law and caused a crash has a serious problem in a civil claim.
This 'negligence per se' angle, breaking a safety law that caused the harm, can strengthen an injured person's case considerably.
Proving the Other Driver Was Distracted
Distraction can be hard to prove because no one admits to it. But evidence exists. Phone records, obtained through legal process, can show calls and texts at the time of the crash. Witnesses may have seen the driver looking down. The driver's own statements, dashcam or surveillance footage, and the physical evidence of a crash with no braking (suggesting the driver never saw the hazard) all help.
Securing phone records and other evidence often requires prompt legal action before data is lost.
After a Distracted-Driving Crash
If you suspect the other driver was distracted, note anything you observed and mention it to police. Seek medical care and document the scene. Because proving distraction may require subpoenaing phone records and acting before evidence disappears, a free review can help you build the case that the other driver's inattention, and likely their violation of Arizona's phone law, caused your injuries.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.