The short answer: Winning a distracted driving case in Alabama comes down to two things: proving the other driver was distracted, and proving that distraction caused your crash. Phone records, witness statements, dashcam footage, and the police report can help you prove it. One catch: Alabama follows contributory negligence, so even a small sliver of fault assigned to you can block your recovery. You generally have two years from the date of the crash to file.
Getting hit by someone who was staring at a phone instead of the road is infuriating. You’re left with injuries, medical bills, maybe a totaled car, all because another driver couldn’t wait to text. If this happened to you on a Montgomery road, you have rights. You don’t have to face it alone.
At Hunter | Everage, we believe in trusted legal help when you’re hurting. Your first move should always be getting medical care. After that, contact a Montgomery car accident lawyer for a free case review so we can review what happened.
What Qualifies as Distracted Driving Under Alabama Law?
Distracted driving is any activity that pulls a driver’s attention from the road. Safety officials generally sort it into three types. Visual distraction takes your eyes off the road, manual distraction takes your hands off the wheel, and cognitive distraction pulls your mind away from driving.
Texting is so dangerous because it does all three at once. Under Alabama law, every driver must use reasonable care, and a driver who breaches that duty and hurts you can be held responsible.
Alabama’s Cell Phone and Hands-Free Laws: What Drivers Are Required to Do
Alabama’s current distracted driving law, Ala. Code § 32-5A-350.1, requires every driver to exercise due care in operating a motor vehicle and prohibits actions that distract the individual from the safe operation of the vehicle. The law took effect in 2023. It targets drivers who cross in and out of a lane, swerve, or otherwise drive in an impaired manner while physically holding a wireless device or writing, sending, or reading a text-based communication.
Adult drivers 18 and older may use a device mounted to the vehicle (such as the windshield, dashboard, or center console) as long as it does not create an unsafe obstruction. However, holding your phone and typing is not allowed. This matters for your claim. When a driver breaks a safety law and causes a wreck, that violation can help show they were negligent.
Types of Distracted Driving Beyond Cell Phones
Phones get most of the attention, but they’re far from the only cause of distracted driving crashes. Drivers constantly take their focus off the road for everyday things.
Common examples: eating or drinking, adjusting the GPS or radio, grooming, reaching for something that fell, and turning around to talk with passengers or children. Any of these can cause a serious wreck and support a claim that the other driver wasn’t paying attention.
How to Prove the Other Driver Was Distracted at the Time of the Crash
Proving distraction means showing what the other driver was doing in the seconds before impact, and that usually takes more than their word. Sometimes a driver admits at the scene that they glanced at their phone. Those statements matter.
More often, the proof comes from piecing together several sources: the police report, witnesses who saw the driver on their phone, and the driver’s own phone records. Evidence can disappear fast, so it helps to have an attorney investigating right away.
Evidence That Establishes Distracted Driving: Phone Records, Witness Statements, and Dash Cams
The strongest distracted driving cases combine several kinds of evidence rather than leaning on just one.
Cell phone records are often the key to a texting-and-driving case, showing whether the driver was calling or texting at the moment of the crash. These are usually obtained through the formal discovery process or a subpoena. Witnesses can describe what they saw, and dashcam or nearby traffic camera footage can capture the distraction directly. The police report, any citation, and scene photos help tie everything together. We know how to gather this proof and build your case.
How Alabama’s Contributory Negligence Rule Applies to Distracted Driving Cases
Alabama follows pure contributory negligence, one of the country’s harshest rules. If you’re found even 1% at fault for the crash, you can be barred from recovering anything.
Insurance companies know this, so they look for any reason to shift blame onto you. They may argue you were also distracted, changing the radio, or speeding. These claims are often exaggerated or simply wrong. Our attorneys anticipate those tactics and work to protect your recovery. Don’t let the insurer pin the blame on you. Contact Hunter | Everage today at 704-377-9157 for a free case review. Available 24/7.
What Compensation Can You Recover After a Distracted Driving Accident?
You may be able to recover money for both the financial and the personal toll of your injuries. Economic damages cover medical bills, future care, lost wages, and lost earning capacity. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
In cases involving extreme or reckless conduct, punitive damages may also be available. Courts may award punitive damages according to state statute when a defendant acts intentionally or maliciously.
Frequently Asked Questions About Distracted Driving Accidents in Alabama
How long do I have to file a distracted driving claim in Alabama?
In most cases, Alabama law gives you two years from the date of injury (Ala. Code § 6-2-38(l)). Waiting can hurt you, because evidence fades and witnesses forget, so it’s best to call soon.
What if the insurance company says I was partly at fault?
Because Alabama uses contributory negligence, any fault assigned to you could end your claim. This is serious. Don’t accept the insurer’s version of events. Talk with an attorney who can push back and protect your recovery.
How much does it cost to hire a texting-and-driving accident lawyer?
Your case review is free, with no cost or obligation to learn where you stand. We know how hard it is to ask for help, especially when you’re already dealing with bills and injuries.
Talk With a Montgomery Distracted Driving Lawyer
A distracted driver changed your day in an instant. You still have a path forward. From our office at 444 S Hull St, the team at Hunter | Everage brings more than 35 years of combined experience to injured individuals across Alabama, and we handle the legal side so you can focus on healing.
Contact Hunter | Everage today at 704-377-9157 for a free case review. Available 24/7, and 100% secure and confidential.
