Yes. If another driver was distracted and that distraction caused a crash that hurt you, you can file an injury claim against that driver and, in most cases, against their insurance company. Distracted driving is not a separate legal claim. It is a form of negligence, which means the same rules that govern any car accident case apply: you have to show the driver owed you a duty of care, failed to meet it, and caused your injuries. What distraction adds is a reason the driver failed. Proving it usually depends on evidence that has to be collected early, because phone records, vehicle data, and video all disappear on their own schedules.
Distraction is also one of the harder things to prove. The driver rarely admits it, and there is no roadside test for inattention the way there is for alcohol. Cases get built instead from records, timing, and physical evidence that fits a driver who was not looking at the road.
Passengers, pedestrians, cyclists, and other drivers can all bring claims. So can the family of someone killed in a distraction-related crash, through a wrongful death action. Working with a car accident lawyer early matters more in these cases than in most, because the proof depends on records that get overwritten or deleted while a claim is still being sorted out.
Key Takeaways About Distracted Driving Injury Claims
- Distracted driving is a theory of negligence, not a standalone claim. The ordinary negligence elements still have to be proven.
- A traffic citation helps, but it is not the same as a finding of liability, and in some states a conviction is not even admissible in the civil case.
- Phone records, vehicle data, and surveillance video are often the strongest proof, and all three can be lost within weeks.
- Fault rules differ sharply by state, and being partly at fault yourself affects recovery differently depending on where the crash happened.
Can You File an Injury Claim After a Distracted Driving Accident?
The claim rests on four elements. Every driver owes other road users a duty of reasonable care. A distracted driver breaches that duty. The breach has to be the cause of the collision, both in fact and in the legal sense. And there has to be actual harm, meaning injuries, medical costs, lost income, or property damage.
Causation is where these claims most often turn. Showing a driver glanced at a text is not enough on its own; the timing has to connect the distraction to the crash. A message sent four minutes before impact proves far less than one sent as the vehicles converged, which is why how distraction leads to collisions matters as much as whether it occurred.
If the driver was working at the time, the employer may share liability, which matters when a personal policy is too small to cover the injuries.
What Counts as Distracted Driving?
Federal safety regulators define distracted driving as any activity that pulls attention from the task of driving. That covers far more than texting. NHTSA counted 3,208 people killed and 315,167 injured in crashes involving distracted drivers in 2024, Reading or sending a text takes a driver's eyes off the road for about five seconds, which at highway speed covers a football field.
Distraction generally falls into three overlapping categories.
- Visual. Eyes leave the road. Looking at a phone, a navigation screen, a passenger, or something outside the vehicle.
- Manual. Hands leave the wheel. Eating, reaching into a bag, adjusting controls, handling a pet.
- Cognitive. Attention leaves the task. Phone conversations, arguments, and preoccupation, none of which require the driver to look away or let go.
Cognitive distraction is the category insurers resist most, because nothing about it is visible in a photograph. It still supports a claim when other evidence establishes that the driver was not reacting to what was in front of them.
What Evidence Can Prove the Driver Was Distracted?
No single record proves distraction. Cases are built by stacking sources that agree with each other on timing.
- Phone records. Carrier logs show calls and texts with timestamps. These usually require a subpoena, and carriers keep them for limited periods.
- Vehicle data. Many cars store crash data, though not all. Federal rules on event data recorders apply only to vehicles that are actually equipped with one, and the data captured is vehicle dynamics rather than phone activity: speed, throttle, braking, seat belt status, steering. A vehicle that never braked before impact suggests a driver who never saw what was coming.
- Video. Traffic cameras, business security cameras, dashcams, and doorbell cameras. Most systems overwrite within days.
- Witnesses. Other drivers and passengers who saw the phone, the swerving, or the delayed reaction. Their observations of how a distracted driver behaves before a crash often fill the gap between records and conclusions.
- Physical evidence. Skid marks, or their absence, along with impact angles and debris patterns reconstructed by an expert.
- The driver's own statements. Admissions at the scene, to police, or on social media afterward.
How a Distracted Driving Violation Can Affect Fault
A citation for texting or handheld phone use helps, but its legal weight depends on the state. In many states, violating a safety statute is negligence per se, meaning the violation itself establishes the breach and the remaining fight is over causation and damages. Traffic violations are the most common application of that doctrine.
Other states treat a violation as evidence of negligence, or as a rebuttable presumption the jury weighs against everything else in the record. And some states restrict whether a traffic conviction can be introduced in a civil case at all. A ticket is a useful fact, not a verdict.
States also set their own distracted driving laws, so what draws a citation in one state may be legal in the next. That does not stop it from being negligent.
What Compensation May Be Available After a Distracted Driving Crash?
Compensation typically covers medical expenses already incurred and reasonably expected in the future, lost wages, reduced earning capacity, vehicle repair or replacement, pain and suffering, and loss of enjoyment of life. Where conduct was especially reckless, some states allow punitive damages, though the threshold is high and ordinary inattention rarely reaches it.
Two variables move the number most. Insurance coverage comes first, since a policy limit can cap recovery no matter how serious the injuries are. Your own share of fault comes second. Under comparative negligence, an award is reduced by the percentage of fault assigned to you, and in many states crossing a 50 or 51 percent threshold bars recovery entirely. In four states and the District of Columbia, any fault at all can bar recovery, though the District exempts pedestrians and cyclists. Defense arguments about your speed or your attention deserve a serious response. Understanding how settlements are actually calculated helps set expectations before negotiations begin.
What Should You Do After an Accident Involving a Distracted Driver?
Call for medical help and police first. A police report creates an official record and often captures observations you will not remember later.
At the scene, note anything suggesting distraction: where the phone was, what the driver said, whether anyone else saw it. Get contact information for witnesses before they leave, since they rarely stay long.
Then move on the evidence that expires. Ask nearby businesses about camera coverage the same week. Have a preservation letter sent to the other driver and their insurer so vehicle data and phone records are not lost. Avoid giving a recorded statement to the other insurer before you understand the claim, and stay off social media about the crash.
How a Car Accident Lawyer Can Help
Most of the work in a distraction case is evidentiary and time-sensitive: subpoenas for carrier records, preservation demands before a vehicle is repaired or totaled, expert download of crash data, and requests to businesses before footage cycles.
The rest is valuation and pushback. Insurers routinely argue that distraction cannot be proven, that the injuries predate the crash, or that you contributed to the collision. The photographs and details captured right after a crash are the part you control, and they often anchor everything that follows.
Frequently Asked Questions
How do I prove the other driver was texting? Phone records are the direct route, and they typically require a subpoena or a formal preservation demand rather than a simple request. Those records are then matched against the crash time. Supporting proof comes from vehicle data showing no braking, video from nearby cameras, witness accounts of the driver looking down, and any admission the driver made at the scene or to police. No single item settles it. The timing alignment across several sources is what makes the case.
What if the driver was not ticketed? A claim does not depend on a citation. Police do not always identify distraction at the scene, and many distracted driving crashes produce no ticket at all. A civil claim is decided on its own record, and evidence that never supported a citation can still support one. Phone records, vehicle data, and witness testimony developed after the fact often establish distraction that officers had no way to see.
What if I was partly at fault? In most states you can still recover, with your award reduced by your share of fault. Many states bar recovery once your share reaches 50 or 51 percent. In four states and the District of Columbia, any fault at all can bar recovery entirely, though the District exempts pedestrians and cyclists. Because those rules differ so much, an insurer's early assignment of partial blame to you should not be accepted at face value. Fault percentages are negotiable and frequently disputed.
How long do I have to file? Deadlines are set by state law and vary widely, from as little as one year to as long as six. Claims against a government entity, such as a crash involving a municipal vehicle, often carry a separate notice requirement measured in weeks or a few months. Missing either deadline usually ends the claim regardless of its strength. Confirm the deadline that applies to your crash early rather than assuming a two or three year window.
Call Brandon J. Broderick For Legal Help
A crash caused by someone looking at a phone leaves you with injuries, bills, and an insurer that wants to talk about what you could have done differently. Proving distraction is possible, but the records do not wait.
At Brandon J. Broderick, Attorney at Law, our team moves quickly on preservation letters, subpoenas for phone and vehicle data, and video before it cycles, then handles the insurance company while you focus on recovering. Reach out today for a free consultation and a clear read on what your claim is worth.