Distracted driving is one of the leading causes of car accidents in Alabama. Fatalities from using electronics in the car have grown significantly in recent years, and texting drivers are 23 times more likely to cause a crash.
Under the Alabama cell phone law, you’re allowed to use your phone only if it’s in hands-free mode. While it’s written as a secondary offense, meaning law enforcement must first witness another traffic violation before issuing a citation, using your phone while driving is no longer acceptable.
As technology continues to evolve and accidents linked to distractions increase, lawmakers are intensifying their efforts. The goal is to reduce crashes, save lives, and encourage all of us to drive more responsibly by embracing hands-free tech.
Our experienced Montgomery car accident lawyers explain how to comply with this law.
Does Alabama Have a Hands-Free Driving Law?
Alabama has a hands-free driving law, which took full effect on June 15, 2023. That means it’s now illegal to hold your phone while driving, such as making calls, texting, browsing, recording, or watching videos.
Alabama’s distracted driving law requires drivers to operate cell phones and other electronic devices in hands-free mode while driving. Law enforcement officers are authorized to issue citations and fines to drivers caught violating this rule. Offenses can also result in additional penalties, including the addition of points to the driver’s record and potential increases in auto insurance premiums.
Enforcement is “secondary,” meaning law enforcement can only pull you over for phone use if they first observe another traffic violation, like failing to signal or swerving. You won’t be stopped just for holding your phone, but once they notice any unsafe behavior, they can check whether you’re also using a handheld electronic device.
Penalties for Violating Hands-Free Rules
Drivers who violate the Alabama hands-free law may be charged with a misdemeanor. Penalties for these violations include:
- A $50 fine and one point on the driver’s license for a first offense
- A $100 fine and two points for a second offense
- A $150 fine and three points for a third offense
Accumulating too many points on a license can result in a temporary suspension of driving privileges.
In addition to fines and points, citations may lead to higher insurance premiums. Insurance providers often view these violations as indicators of risky behavior, increasing the perceived likelihood of a future accident. Also, drivers who cause crashes while breaking the hands-free law may be held legally responsible for any injuries or damages they cause.
Tips for Staying Safe and Compliant Behind the Wheel
Here are some simple ways to stay compliant while driving.
- Prep Before You Pull Away: Set your GPS, choose your playlist, and queue up any podcast or audiobook before you shift into gear. That way, you won’t feel tempted to fiddle with your phone once you’re moving.
- Use Hands-Free Technology: Most newer cars come equipped with Bluetooth or voice-activated controls. If your vehicle doesn’t have it, a simple phone mount and speakerphone combo can help keep you within the Alabama distracted driving law and out of danger.
- Use “Do Not Disturb” Mode: Most smartphones allow you to silence notifications automatically when they detect that you’re driving. Turning on Do Not Disturb (or Airplane Mode for a full break) keeps incoming texts and messages from distracting you.
- Pull Over if It’s Urgent: If something can’t wait, find a safe place to pull over. A few minutes off the road is always better than risking an accident.
What Should I Do After a Distracted Driving Accident?
While it’s easy to get carried away in the moment and act on instinct, it’s important to consider your actions after a distracted driving accident. Let’s explore the steps to take after a distracted driving accident in Alabama.
1. Report the Accident to Law Enforcement
First, report the accident to law enforcement. If an officer arrives at the scene, be sure to obtain a copy of the police crash report in the days following the collision. This official documentation can serve as critical evidence in your claim.
2. Seek Immediate Medical Attention
Next, seek immediate medical attention for any injuries you may have sustained, even if you feel fine right after the incident. The stress of an accident can mask symptoms of serious injury, so a prompt medical evaluation is essential.
3. Follow Your Doctor’s Guidance
Follow your doctor’s treatment plan and recovery instructions carefully, and request copies of your medical records, as they will be important in documenting the extent of your injuries and your rehabilitation process.
4. Keep All Important Documents
In addition, keep all bills and receipts related to the collision. This includes expenses for vehicle repairs, alternative transportation, and medical treatment. These records will help establish the financial burden the accident has placed on you.
You should also gather pay stubs or income statements to demonstrate any wages lost due to missed work or reduced earning capacity resulting from your injuries. Collect and keep any evidence from the accident scene, such as photos, videos, and witness statements, along with contact information for those witnesses. This information can be vital in proving fault and supporting your version of events.
5. Consult a Distracted Driving Attorney
Finally, consult a distracted driving attorney as soon as possible. An experienced lawyer can help you understand your legal rights and pursue compensation from the at-fault driver and their insurance company.
Contact an Experienced Montgomery Car Accident Lawyer
Distracted driving is a growing problem in Alabama. Whether someone was texting, scrolling, or just not paying attention, these moments of carelessness can lead to serious accidents.
If you’ve been injured in a car accident and suspect distracted driving played a role, there are options available for you to get compensation for your injuries.
At Hunter | Everage, we believe every accident victim deserves to be heard. We take the time to understand your story, explain your rights, and help you make informed decisions about your case. Contact our Montgomery office at 704-377-9157 to schedule your free consultation.