Texting While Driving Injury Cases

Even a momentary look at a phone by a driver behind the wheel can lead to painful consequences. Whiplash injuries from distracted driving and pedestrian injuries from distracted driving can both result in long-term suffering and expenses.

Because Arizona is an at-fault state, whether or not a driver was texting at the time of the collision can be important in accident cases. Make sure you hire a car accident lawyer with trial experience to do everything you can to get the compensation you deserve in a texting while driving injury case.

Arizona Law Around Texting While Driving

Determining how the collision happened and who was responsible is key in an injury case. This becomes even more important in instances where a driver is suspected of texting.

It’s illegal in Arizona for drivers to hold a wireless device while driving. It’s also illegal to read, write, or send text-based communications.

Proving Fault

If you’ve been in an accident and suspect the other driver was texting when the accident happened, you need to find a way to prove it in court. A few avenues are worth checking in pursuit of proving the driver responsible was distracted by their phone:

• Cell phone records
• Vehicle data and physical evidence from the crash
• Surveillance footage of the collision
• Witness statements

Requesting Records

Establishing that a driver was texting while driving can be difficult. One of the steps to proving it is gaining access to records on the phone itself and from the carrier. This information has to be legally requested.

These records are also kept for varying lengths of time. If they might be important to your case, it’s important to act quickly to tell the cellphone carrier to preserve the information.

Compensation After an Accident Involving Texting

Establishing fault is important for any accident in which a victim seeks compensation, but it’s especially true in pure comparative states like Arizona. In pure comparative fault states, damages are awarded based on the percentage of responsibility each party shares for the accident. 

If a driver is found to be 10% responsible, they will be responsible for 10% of the damages. If a driver is found to have been texting at the time of the accident, their responsibility is likely to be much higher.

Avoiding Distraction

A second of texting can lead to a lifetime of pain. If you’re the victim of an accident in which you suspect a driver was distracted, reach out to Gage Mathers so we can help you gather the evidence you need to get the compensation you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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