After a car accident, it’s natural to question what went wrong. If you were partially at fault but the other driver was on their phone, you might wonder whether you can still seek compensation for your injuries and damages.
This situation is more than many people can handle, but Arizona’s laws allow for recovery in cases like this. To protect your rights and strengthen your case, you must understand how negligence works and what steps to take.
What if I was partially at fault, but the other driver was on their phone?
- Arizona allows shared fault claims: Under pure comparative negligence, you can recover compensation even if you were partly responsible.
- Your payout is reduced by fault: If you're 30% at fault and your damages are $50,000, you could still receive $35,000.
- Distracted driving matters: Phone use is negligent behavior. Proving the other driver was distracted can reduce their share of fault.
- Evidence is key: Phone records, witness statements, video footage, and police reports help prove the other driver’s phone use.
- Distracted drivers may be mostly at fault: If their actions—like texting while running a red light—caused the crash, they could be held primarily liable.
- Don’t settle too soon: Insurance companies may downplay the distracted driver’s role. A car accident lawyer can fight for a fair outcome on your behalf.
How Fault Works Under Arizona Law
Arizona follows a "pure comparative negligence" system regarding car accidents. This means that even if you were partially at fault for the collision, you may still recover compensation.
However, your compensation will be reduced in proportion to your percentage of fault. For example, if you are 30% at fault and your damages total $50,000, you would still receive $35,000.
If the other driver was using their phone at the time of the accident, this could significantly impact their degree of fault.
Using a phone while driving is considered a form of distracted driving, which is both dangerous and negligent. You may need to show proof of the other driver’s phone use to strengthen your case.
Laws pertaining to car accidents and personal injury can change at any time. Typically, the public isn't aware of these changes until they're involved in a car wreck.
The only way to make sure you have the correct information about comparative negligence and how compensation is derived is to consult with an experienced lawyer.
Distracted Driving and Its Role in Accidents
Distracted driving, especially due to cellphone use, is one of the leading causes of car accidents. People often text, check apps, or even watch videos instead of focusing on the road. Arizona’s laws strictly prohibit texting while driving, and law enforcement takes this behavior seriously. However, phone use isn’t always easy to prove without evidence.
If the other driver’s phone use contributed to your accident, you might be able to hold them liable, even if you bear some responsibility. A distracted driver may run a red light, rear-end another car, or drift into another lane without realizing it.
Just a few seconds of distraction can lead to a serious crash.
Collecting Evidence of the Other Driver’s Phone Use
Proving the other driver was on their phone can be challenging, but there are several ways to gather evidence:
- Phone Records: Your lawyer can subpoena the other driver’s phone records to show they were texting, calling, or using apps at the time of the crash.
- Witness Statements: Passengers, bystanders, or other drivers may have seen the individual using their phone before the accident.
- Traffic and Security Cameras: Cameras near the accident scene might show the driver using their phone.
- Police Reports: If the police officer at the scene noted distracted driving in their report, this can support your claim.
Using this evidence can help show the other driver was negligent while driving, increasing their share of fault in the accident.
How Arizona’s Distracted Driving Laws Have Evolved Over Time
Distracted driving has been a growing concern across Arizona for years, leading to the development of laws designed to reduce accidents caused by inattentive driving.
While rules targeting these behaviors are fairly recent, they reflect a growing awareness of just how dangerous distractions can be on the road.
The Introduction of Texting Bans
For a long time, Arizona lagged behind other states in addressing distracted driving. Before 2019, the state had no comprehensive ban on texting while driving, even though studies and safety advocates had pointed out the dangers for years.
While some Arizona cities and counties, like Phoenix and Tucson, implemented their own local bans, there was no unified state law regulating the behavior.
That changed in April 2019, when Governor Doug Ducey signed a statewide law prohibiting holding or using a phone while driving.
The new regulations, which went fully into effect in January 2021, prohibited drivers from using their devices for activities like texting, browsing social media, or holding the phone to make a call. Hands-free phone use, such as through a dashboard mount or voice activation, was allowed, but touching the device while driving became a fineable offense.
The Push for Stricter Enforcement
Once Arizona passed the statewide distracted driving law, enforcement started slowly to give drivers time to adjust. When the law was first signed, police focused on issuing warnings rather than fines, offering drivers an opportunity to modify their behavior without immediate financial penalties.
However, since January 2021, enforcement has ramped up. Drivers caught holding their phones while on the road can face fines ranging from $75 to $149 for the first offense, with subsequent offenses carrying penalties of $150 to $250.
Expanding Awareness Through Education
Beyond enforcing distracted driving laws, the state has worked to raise awareness of the risks involved. Campaigns led by the Arizona Department of Transportation (ADOT) have warned drivers about the dangers of texting, eating, or performing other non-driving tasks behind the wheel.
Slogans like “Distracted Driving Kills” appear on electronic billboards statewide, reminding drivers of the possible consequences. These efforts reflect broader changes across the nation, where states are taking more aggressive steps to curb distracted driving.
Arizona’s laws now align with many others by targeting handheld device use and encouraging hands-free options.
Growing Public Awareness of Other Driving Distractions
While cell phones are a major focus, public messaging in Arizona extends to other distractions as well. Talking to passengers, adjusting in-car systems, and even personal grooming are now recognized as dangerous behaviors that take attention off the road.
Over time, these messages hope to change public attitudes, much like seatbelt laws and anti-drunk driving campaigns did in earlier decades.
Why Knowing the Law Matters
Understanding how distracted driving laws have evolved in Arizona is important for anyone involved in an accident where distraction might be a factor. Whether it’s proving the other driver violated the law or explaining how shared fault might apply, these laws provide a framework for holding negligent drivers accountable.
The evolution of Arizona’s distraction laws shows the state's commitment to making roads safer. For drivers, complying with these laws isn’t just about avoiding fines; it’s about reducing the likelihood of accidents and protecting others on the road.
Steps to Take in the Days After the Accident
If you’ve been involved in an accident where you were partially at fault and suspect the other driver was distracted, there are steps you can take in the following days and weeks to protect yourself.
Acting quickly is especially important when trying to prove distracted driving.
Document everything
Keep detailed records of everything related to the accident. This includes a copy of the police report, photos of the scene, and any communication with the insurance companies. Make note of anything you or others noticed about the other driver’s behavior, such as holding a phone or swerving.
Seek medical attention
Even if you feel fine immediately after the accident, some injuries take time to appear. Make an appointment with your doctor and follow their recommendations for treatment. Keep all medical records and bills to show how the accident affected you financially and physically.
Notify your insurance company
Inform your insurance company about the accident and provide them with the details they need. Stick to the facts and avoid accepting blame. If the insurer presses you on who was at fault, it’s best to consult a lawyer before making statements that could hurt your claim.
Request witness information
If there were witnesses to the accident, ask for their contact information. Witness statements can be critical in proving the other driver’s negligence and phone use. They might have noticed details you weren’t able to see during the crash.
Work with professionals
Consider contacting a lawyer who specializes in car accident cases involving comparative negligence. They can help you gather evidence that proves how distracted driving contributed to the crash and work to reduce your percentage of fault.
How Fault Affects Compensation
Your percentage of fault directly reduces the amount of compensation you can receive. It is important to understand how this might play out when seeking recovery for medical bills, property damage, or lost wages.
- Medical expenses: If your medical bills total $20,000 and you’re found 30% at fault, you could still recover $14,000.
- Property damage: Damage to your vehicle can also be covered proportionally. If repairs cost $5,000, you might recover $3,500 if you share 30% of the blame.
- Lost wages: If your injuries prevent you from working and you lose $10,000 in earnings, you’d still recover $7,000.
This system ensures that even when fault is shared, accident victims aren’t left bearing the entire financial burden of their injuries.
Can Distracted Drivers Be Held Fully Liable?
In some situations, distracted drivers are entirely at fault, even if the other driver contributed to the accident somehow. For example, if someone uses their phone and runs a red light, their level of negligence often outweighs minor mistakes the other driver might have made.
Courts recognize that distracted driving is a serious hazard and will evaluate all factors in determining fault. Insurance companies might still try to downplay the other driver’s negligence to minimize their payout. This is why gathering strong evidence is so important.
Clear proof of distracted driving can tip the scales in your favor, even when partial fault is an issue.
Distracted Driving and Legal Consequences in Arizona
Arizona enforces strict distracted driving laws. Texting and driving, for instance, is prohibited, and drivers caught using their phones can face fines. These laws help establish that phone use while driving is a negligent act.
If you were injured in an accident caused by a driver on their phone, you may be entitled to pursue compensation, whether the authorities cited them. Phone records or witness statements could provide the necessary evidence even if a traffic citation isn't issued.
Protecting Yourself in Comparative Negligence Cases
If you’re worried about being partially at fault, it's important to take certain steps to protect your rights. Clear communication, thorough documentation, and a willingness to hold the other driver accountable for distracted driving will strengthen your case.
Understand Your Rights
Knowing Arizona’s pure comparative negligence law is the first step to ensuring you’re treated fairly. Remember, even if fault is shared, you are still entitled to compensation for your damages.
Question Settlements
Insurance companies might offer a fast settlement before all the facts are clear. They may try to downplay the other driver’s phone use to keep their percentage of fault higher. Don’t rush into a settlement that doesn’t truly reflect your losses.
Know What Evidence to Collect
Focus on gathering evidence that shows the other driver was using their phone. Whether it’s obtaining access to their phone records or finding video footage, proving distracted driving could shift more liability away from you.
Get Legal Advice
A lawyer can review your case and help reduce your percentage of fault by highlighting the other driver’s negligence. They can coordinate with experts, handle negotiations with the insurance companies, and represent your best interests throughout the claims process.
Finding Support When You Need It
Accidents involving shared fault can be complex, especially when distracted driving is a factor. Gallagher & Kennedy has extensive experience helping clients in complicated situations like this.
To learn more about your options or discuss your case, call Gallagher & Kennedy’s Phoenix office at (602) 530-8400 for a consultation. We’re ready to advocate for you and help you pursue the compensation you deserve.