A car crash can happen in seconds. One driver looks down to read a text, change a song, check a map, or scroll a notification — and the next thing you know, someone is hurt.

In Alabama, phone use behind a wheel can be powerful evidence in a personal injury claim. In some cases, it may help show that the driver acted not only negligently, but wantonly (legalese for a reckless or conscious disregard for the safety of others).

What’s the law, exactly?

As of June 2023, Alabama’s law states that it is illegal to hold a cell phone or other electronic device while driving. The law also addresses physically holding a device, reading or sending text-based communications, watching videos, recording video, using more than a single swipe to start or end a call, or reaching for a device in a way that takes the driver out of a proper seated driving position.

What’s the legal precedent?

The Alabama Supreme Court’s decision in Tutor v. Sines is important for crash victims who suspect a driver was using a phone before impact.

In that case, a driver had passengers in her car and was traveling on Highway 165. Evidence showed that she was speeding, passengers had warned her to slow down, and she took her eyes off the road to interact with her phone to change the music. As she crested a hill, traffic ahead had slowed or stopped. She swerved, clipped another vehicle, crossed into oncoming traffic, and caused a head-on collision. The injured passengers sued, and the case went to trial on wantonness. The Alabama Supreme Court affirmed the judgment for the passengers.

That does not mean every phone-related crash is automatically wantonness. But it does mean that phone use can matter a lot when it is combined with other dangerous facts, such as speeding, heavy traffic, curves, hills, construction zones, bad weather, or warnings from passengers.

What Evidence Can Show the Other Driver Was on the Phone?

If you were injured in a crash and believe the other driver was on a phone, evidence needs to be preserved quickly. Helpful evidence may include:

  • Phone records, including call and text logs
  • Witness statements
  • The police report
  • Vehicle data
  • Photos and videos
  • The driver’s own statements
  • Scene evidence

Why Acting Fast Matters

In Alabama, most personal injury claims must be filed within two years but waiting that long to investigate can make a strong case harder to prove.

Talk to an Alabama Car Crash Lawyer

If you believe the other driver was texting, scrolling, using GPS, changing music, or otherwise using a phone before your crash, do not assume the insurance company will investigate it fairly. A personal injury lawyer can send preservation letters, request phone records through the legal process, locate video, interview witnesses, and determine whether the facts support a negligence or wantonness claim.

At Alabama Personal Injury Lawyers, LLC, we help injured people across Alabama hold careless drivers accountable. Call 205-INJURED or contact us online to schedule a free consultation.