Businessman talking on cell phone while driving

How to Prove Liability in a Distracted Driving Accident Case

A car accident can turn your world upside down in an instant. One moment you are driving along, and the next you are dealing with car damage, injuries, and medical bills. The situation becomes even more frustrating when you know the other driver was not paying attention.

At Whit A. Thomas, Attorney at Law, we understand what you are going through. For over four decades, our attorney has advocated for Alabama accident victims, helping them hold those responsible accountable.

What sets our firm apart is a deep commitment to personal service and a long history of handling complicated cases. When someone else’s carelessness causes you harm, you deserve strong legal representation to protect your rights.

Located in Foley, Alabama, we serve clients throughout Baldwin County, including Bay Minette, Daphne, Elberta, Fairhope, Foley, Gulf Shores, Orange Beach, Summerdale, Magnolia Springs, Bon Secour, Fort Morgan, Lillian, Silverhill, Loxley, Robertsdale, and Spanish Fort; Escambia County including Atmore and Brewton; Mobile County including Citronelle, Eight Mile, Grand Bay, Irvington, Mobile, Prichard, Saraland, Satsuma, Semmes, Theodore, Tillmans Corner, and Wilmer; Monroe County including Monroeville.

Trying to prove distracted driving can be difficult. Working with an experienced attorney from the very beginning gives you the support you need to build a strong case and pursue justice and compensation.

What is Distracted Driving?

When people think of distracted driving, they usually picture someone texting. While texting is a significant problem, a distraction is anything that takes a driver’s attention away from the task of driving safely.

These distractions generally fall into three categories:

Visual: Anything that takes your eyes off the road. This includes looking at a phone, adjusting the GPS, watching an event on the side of the road, or even looking at passengers in the back seat.

Manual: Anything that takes your hands off the steering wheel. Examples include eating, drinking, smoking, reaching for an object that fell, or using a phone.

Cognitive: Anything that takes your mind off driving. This is the most subtle type of distraction. It can involve being lost in thought, having a stressful conversation with a passenger, or being tired.

A single action, like sending a text message, can involve all three types of distractions. The driver's eyes are on the phone (visual), their hands are typing (manual), and their mind is focused on the message (cognitive). This combination makes using a cell phone while driving particularly dangerous.

Gathering Evidence to Prove Distraction

Proving that the other driver was distracted is the central challenge in these cases. It is not always obvious, and drivers who cause a crash are unlikely to admit they were on their phone or otherwise not paying attention. As your legal advocate, we use several methods to uncover the truth and build a solid case.

Police Reports

The official police report is one of the first pieces of evidence we examine. The investigating officer's notes might include their own observations about the driver's behavior at the scene.

They may have noted that the driver's phone was in their hand or on their lap. The report might also include statements from the at-fault driver or witnesses who saw the driver looking down just before the crash.

Witness Testimony

Eyewitnesses can provide powerful testimony. A passenger in another car, a pedestrian, or someone sitting in a nearby home or business may have seen the other driver texting, eating, or otherwise being inattentive.

We work to identify and contact potential witnesses as soon as possible, while their memories of the event are still fresh. Their accounts can help create a clear picture of the driver's negligence.

Cell Phone Records

This can be some of the most compelling evidence. We can issue a legal demand, called a subpoena, to the at-fault driver’s cell phone carrier for their records. These records show a log of all calls, texts, and data usage.

By comparing the timestamps on the phone activity with the time of the accident, we can often show that the driver was using their phone at the exact moment of the collision. While records do not prove what the driver was doing, they create a strong inference of distraction that is difficult for insurance companies to ignore.

Social Media and Digital Footprints

In some cases, a driver’s own social media posts can become evidence. A person might post a picture or status update that is timestamped right around the time of the accident. We can investigate these digital footprints to see if they provide clues about the driver’s activities leading up to the crash.

Accident Scene Evidence

Physical evidence from the scene itself can also suggest distraction. For example, an absence of skid marks before a rear-end collision might indicate that the driver never even tried to hit the brakes.

This suggests a complete lack of attention to the road ahead, which is a hallmark of distracted driving. We may also consult with accident reconstruction specialists who can analyze the accident dynamics to demonstrate how the collision likely occurred.

Distracted Driving Laws in Alabama

Understanding state laws is a key part of any car accident claim. In Alabama, the primary law addressing this issue is often called the "anti-texting law." Officially known as Section 32-5A-350 of the Code of Alabama, this law makes it illegal for any driver to use a wireless telecommunication device to write, send, or read a text-based communication while the vehicle is in motion.

This includes not just text messages but also emails and instant messages. The law is a primary offense, which means a police officer can pull a driver over just for seeing them texting behind the wheel; they do not need another reason for the traffic stop.

While the law specifically targets texting, the broader legal principle of negligence still applies to all other forms of distraction. Under Alabama law, all drivers have a duty to operate their vehicles with reasonable care.

Engaging in any activity that takes their attention away from the road can be considered a breach of that duty. If that breach of duty causes an accident that injures someone, the distracted driver can be held legally responsible for the damages.

Car Accident Attorney Serving Baldwin County, Alabama

Since 1980, our accident attorney, Whit A. Thomas, has supported Alabama accident victims. He is here to help you seek justice and compensation. With decades of experience handling serious injury and wrongful death claims, our firm has the knowledge and skill to help you.

(251) 943-9330