Phoenix Texting/Distracted Driving Accident Lawyer

Distracted driving is a dangerous driving behavior that takes lives daily. Negligent inattention to the road and other vehicles led to crashes that killed over 3,160 people in the U.S. in 2017, based on information from the National Highway Traffic Safety Administration. A driver who is using a cellphone or otherwise driving while distracted cannot dedicate 100% of his or her attention to the road.

Driver distraction can cause preventable collisions with other vehicles, bicyclists or pedestrians. If you or a family member has been in a texting or distracted driving accident, the Arizona car accident lawyers at Gallagher & Kennedy can help. We pursue compensation on behalf of injured crash victims.

Why Choose Us?

  • Our firm has spent over 20 years representing personal injury clients in Arizona.
  • Our lawyers take a personal approach to car accident law, working closely with each client to achieve his or her goals.
  • Our firm advocates for clients’ rights as well as institutional change.
  • Our attorneys take car accident cases mainly on a contingency fee basis.

Arizona’s Texting and Driving Laws

Arizona lawmakers have taken steps to prevent distracted driving. Most recently, Arizona became the 48th state to prohibit handheld cellphone use behind the wheel. Texting or talking on a handheld electronic device (except while stopped or to call 911) could result in traffic tickets starting January 1st, 2021. The fines for handheld cellphone use will range from $75 to $250. Certain cities in Arizona, including Phoenix and Tempe, have already banned handheld phone use while driving.

Arizona also has other laws against distracted driving. If something distracts a driver from the driving task enough to cause the driver to break a rule, such as speeding or running a red light, that driver could receive a citation. Distracted driving in Arizona is not only against the law; it could also lead to civil liability for a related accident. If a distracted driver crashes into you, he or she could be financially responsible for your damages.

How To Prove Distracted Driving

If you have reason to suspect another driver of distracted driving, it is up to you or your attorney to prove your suspicions during an insurance claim or personal injury lawsuit. The burden of proof in a car accident claim rests on the plaintiff’s side of the case. Your  Phoenix distracted driving accident attorney must establish that the other driver breached a duty of care and that this is what caused the injuries in question. Proof of distracted driving could come in many forms.

  • A police officer’s opinion what caused the crash
  • The driver’s cellphone records
  • A previous history of distracted driving
  • Food wrappers in the front seat
  • Photographs of the scene of the accident
  • Evidence of distraction, such as failure to hit the brakes
  • Video surveillance footage
  • Statements from eyewitnesses
  • Accident reconstruction
  • Testimony from distracted driving experts

A lawyer from Gallagher & Kennedy can revisit the scene of your texting or distracted driving accident to search for any available evidence against the at-fault driver. The right evidence could force an insurance company to reevaluate its decision to deny your claim or push the company to offer a larger settlement. Our Phoenix personal injury law firm has the resources to build the strongest possible case against a distracted driver.

Contact Our Phoenix Distracted Driving Accident Lawyers Today

Many insurance companies in Arizona try to avoid liability for car accidents through strategies such as alleging comparative fault. An insurance company could try to get out of paying you by saying you were also at fault for the crash. Proving the other driver’s distraction to obtain a fair settlement may take help from an attorney. Hiring a lawyer from Gallagher & Kennedy could ease the burden of proof and maximize your odds of financial recovery. Contact us today for a free case evaluation in Arizona at (602) 530-8400.