It’s easy to think a quick glance at your phone or checking your GPS is no big deal. But distracted driving is no longer a “minor risk.” Across the U.S., accidents caused by phone use, in‑car tech, and other distractions are rising, and with them, complicated legal fights over who’s really liable.
The Growing Problem: Facts & Figures
- According to the National Highway Traffic Safety Administration (NHTSA), over 3,200 lives were lost in 2023 due to crashes involving distracted drivers.
- Distracted driving contributes to about 8% of all traffic fatalities in recent years.
- The National Coalition / CMT report shows that since 2020, phone motion and screen interaction have increased substantially, contributing to thousands more crashes and resulting injuries.
- In Arizona, the law has already caught up somewhat: since 2021, drivers are banned from holding or touching their phone while driving (hands‑free law). Yet even with laws in place, crashes tied to mobile phone distraction remain significant.
Types of Distractions & How Evidence Gets Complicated
Distracted driving isn’t just about texting. Some common kinds:
- Visual distractions — reading messages, glancing at navigation screens.
- Manual distractions — physically holding or interacting with a device.
- Cognitive distractions — voice calls, thinking about something other than driving.
- In‑vehicle tech distractions — infotainment, adjusting climate or controls, voice commands, smart‑assist features.
Collecting evidence in these cases is harder than it seems:
- Phone data can help: call logs, text timestamps, app use, location or motion data can be used to show the driver was using the phone before or during the crash. But often that data is not preserved or is hard to get.
- Vehicle telemetry / black box: newer cars record speed, braking, steering inputs etc. That helps show how the crash unfolded.
- Witness statements, surveillance / traffic cam footage: useful but often conflicting or missing.
- GPS, digital assistants: Sometimes voice assistants or smart car integrations show activity. But “hands‑free” doesn’t always mean “safe” or “no distraction.”
Legal Battles Over Liability: What’s At Stake
As distracted driving becomes more common, legal battles after these crashes are also becoming more complicated. Insurance companies often try to downplay the driver’s distraction, claiming it wasn’t serious enough to have caused the accident. On the other side, drivers who caused the crash might challenge any phone-related evidence, like call logs or app usage, and argue there’s no clear proof they were actually using the phone at the time.
It can also get messy when both drivers made mistakes. For example, if one driver was distracted but the other wasn’t paying attention to brake lights, both could share some of the blame, and that affects how much compensation is awarded.
Laws also vary depending on where the accident happens. What counts as “illegal” phone use in one state might be completely legal in another. In some places, police can pull someone over just for holding a phone, while in others, they need another reason to stop the driver. These legal differences can play a big role in how each case unfolds.
Example: Across the Country Context
Across the country, cities are seeing a spike in distracted driving accidents, and Phoenix is no exception. These cases often seem straightforward at first, but proving who was at fault can quickly become complicated when phone use or in-car distractions are involved.
In Phoenix and throughout Arizona, distracted driving crashes remain common despite the state’s hands-free law going into effect in 2021. Drivers continue to text, scroll, or interact with their phones, especially in fast-moving, congested areas.
Arizona law clearly bans the use of handheld phones while driving. If a distracted driver causes a crash, the fact that they were breaking this law can significantly strengthen a personal injury claim, but only if the evidence is secured properly and presented effectively. That’s why many accident victims choose to work with a Phoenix personal injury law firm experienced in these types of cases. They have the resources and legal strategy to dig into phone records, consult technical experts, and hold distracted drivers accountable.
The situation isn’t unique to Arizona. In California, where strict hands-free laws are also in place, enforcement still lags. The California Highway Patrol reports tens of thousands of crashes each year tied to distracted driving, especially in cities like Los Angeles and San Francisco, where traffic congestion creates constant risk.
In Texas, the rules are more fragmented. Texting while driving is illegal statewide, but hands-free laws vary by city. Some areas, like Austin and San Antonio, have local bans on handheld phone use, while others don’t. That legal inconsistency makes it harder for crash victims to prove fault without strong legal support.
In all three states, proving that a driver was distracted goes far beyond suspicion. You often need access to their phone records, insight into how those records connect to the timeline of the crash, and the experience to make that argument stick. That’s why victims who suspect distraction played a role should consider speaking with a law firm that has handled these cases before and knows how to turn digital data into legal accountability.
What Victims Can Do to Build a Strong Case
If you’re involved in an accident you believe was caused by a distracted driver, here are steps to protect your rights:
- Preserve all evidence: your phone, car (if there’s data), witness info.
- Document immediately: photos of the scene, injuries, vehicle positions, and damage.
- Report accurately: make sure the law enforcement report mentions a potential distraction if applicable.
- Seek medical attention: even if you feel okay initially, some injuries show up later.
- Talk to a lawyer who has experience with distracted driving cases. They can help subpoena phone records, get black box data, and interpret expert testimony.
Distracted driving is no longer just a concern on safety awareness campaigns — it’s a real, growing legal challenge. Whether the distraction is texting, map apps, or in‑car features, the law is catching up, but still lags behind technology. If you’re hurt in an accident that you believe involves distraction, timely action and good legal help can make all the difference.