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Texting-While-Driving Accident Lawyers in Phoenix

Texting while driving is one of the most dangerous forms of distracted driving, and it remains a leading cause of car accidents in Phoenix and throughout Arizona. When a driver takes their eyes off the road for even a few seconds to read or send a text, they significantly increase their risk of causing a serious or fatal collision. Despite strict laws prohibiting texting while driving, many drivers continue to engage in this reckless behavior, putting themselves and others in danger.

If you or a loved one has been injured in a texting-while-driving accident in Phoenix, you may be entitled to compensation for your medical expenses, lost wages, and other damages. At Torgenson Law, our experienced Phoenix car accident lawyers fight for the rights of accident victims, ensuring they receive the justice and financial recovery they deserve.

Before discussing how we can assist you, it is important to understand why texting while driving is so dangerous, how Arizona law addresses the issue, and what legal options are available if you have been injured.

Why Texting While Driving Is So Dangerous

Texting while driving is one of the most dangerous distractions because it diverts a driver’s attention in multiple ways. Safe driving requires visual, manual, and cognitive focus, and texting disrupts all three at the same time.

Visual Distraction

When a driver looks at their phone, their eyes are off the road — even for a few seconds. At 55 mph, a car can travel the length of a football field in five seconds, meaning a texting driver is essentially driving blind during that time.

Manual Distraction

Sending a text requires a driver to take at least one hand off the steering wheel, reducing their ability to control the vehicle. If an emergency occurs, such as a sudden stop in traffic, the distracted driver may not react quickly enough to avoid a crash.

Cognitive Distraction

Even after glancing away from their phone, a driver’s mind remains distracted. Their focus is no longer fully on the road, making it harder to anticipate hazards, react to other drivers, or make safe decisions.

Because texting while driving affects all three aspects of a driver’s attention, it is far more dangerous than other distractions, such as talking to a passenger or adjusting the radio. This is why Arizona has enacted strict laws to prevent texting-related crashes.

Arizona’s Laws on Texting While Driving

Arizona has taken significant steps to combat texting while driving by banning the use of handheld devices while driving.

Arizona’s Hands-Free Law

In 2019, Arizona enacted a statewide ban on texting while driving. Under A.R.S. § 28-914, it is illegal for a driver to:

  • Send, read, or write a text message while operating a vehicle.
  • Hold a cellphone or other electronic device while driving, including for calls, social media, or video streaming.

Drivers may use hands-free features, such as voice commands or Bluetooth, but holding a phone while driving is strictly prohibited.

Penalties for Violating the Law

If a driver is caught texting while driving in Phoenix, they may face fines ranging from $75 to $250. However, if texting leads to a serious accident or fatality, the penalties can be much more severe, including criminal charges.

Even though Arizona’s hands-free law is in place, many drivers still ignore the rules — putting others at serious risk.

Common Causes of Texting-While-Driving Accidents in Phoenix

Texting-while-driving accidents happen because distracted drivers fail to see or react to potential dangers on the road. A driver who is focused on their phone is not paying attention to their surroundings, traffic signals, or nearby vehicles, increasing the risk of a serious or fatal crash. Some of the most common causes of texting-related accidents include:

Failure to Brake in Time

When a driver is focused on their phone, they may not notice traffic slowing down ahead of them, preventing them from braking in time. This often results in rear-end collisions, which can cause serious injuries such as whiplash, head trauma, and spinal injuries. In high-speed traffic, a texting driver may cause a chain-reaction crash, leading to multiple vehicles being involved in the accident. Even in low-speed conditions, sudden impacts can result in chronic pain and long-term medical complications.

Drifting into Other Lanes

Texting drivers may unintentionally drift into another lane because they are not watching the road or maintaining proper lane positioning. This can lead to side-swipe accidents, head-on collisions, or even multi-car pileups on Phoenix highways and busy roads. A driver who drifts into another lane may force other vehicles to swerve, leading to additional crashes or causing a vehicle to hit a median, curb, or barrier. These accidents are especially dangerous on freeways, where speeds are higher and reaction time is limited.

Running Red Lights and Stop Signs

A distracted driver may miss a traffic signal or stop sign, leading to dangerous T-bone collisions at intersections. These crashes are often severe because the impact occurs on the side of the vehicle, where passengers have less protection from the force of the collision. Failing to stop at a red light can also lead to pedestrian accidents, particularly in high-traffic areas like downtown Phoenix. In many cases, texting drivers do not even realize they have run a red light until it is too late to avoid a crash.

Failing to Yield to Pedestrians and Cyclists

Texting drivers often fail to see pedestrians in crosswalks or cyclists on the side of the road, increasing the likelihood of fatal or life-altering injuries. A driver distracted by their phone may not notice a pedestrian entering an intersection, failing to stop in time. Cyclists are particularly vulnerable because many bike lanes run alongside busy roads, and a moment of inattention can lead to serious side-impact collisions. In these cases, the injuries can be devastating, resulting in broken bones, head trauma, or even fatalities.

Understanding the common causes of texting-related accidents is essential when determining liability and holding negligent drivers accountable. Victims of texting while driving crashes may be entitled to compensation for their medical expenses, lost wages, and other damages caused by the reckless actions of a distracted driver.

Who Is Responsible for a Texting-While-Driving Accident?

Determining liability in a texting-while-driving accident in Phoenix requires a detailed investigation into the circumstances of the crash. While the driver who was texting is usually the primary party at fault, other individuals or entities may also share responsibility. Identifying all liable parties is essential in ensuring victims receive full compensation for their injuries and losses.

The Distracted Driver

In most cases, the driver who was texting is held primarily responsible for the accident. Arizona law considers texting while driving to be an act of negligence, meaning that any driver caught using their phone behind the wheel may be liable for injuries, property damage, and other losses caused by the crash. Since texting takes a driver’s eyes, hands, and mind off the road, it significantly increases the risk of a rear-end collision, intersection crash, or sideswipe accident.

Employers of Commercial Drivers

If a commercial driver — such as a delivery driver, rideshare driver, or truck driver — was texting at the time of the crash, their employer may also be held liable. Companies that fail to enforce Arizona’s hands-free law, encourage drivers to meet unrealistic deadlines, or neglect proper training may be responsible for accidents caused by distracted employees. Employers can be held accountable under vicarious liability laws, which state that a company is responsible for its employees’ negligent actions while they are on duty.

Other Negligent Drivers

Although texting while driving is a leading cause of accidents, other negligent drivers may also contribute to a crash. For example, if another driver was speeding, failing to yield, or driving under the influence, they may share responsibility for the collision. Arizona follows comparative negligence laws, meaning that even if both drivers were partially at fault, the injured victim may still be entitled to financial compensation.

Government Entities in Some Cases

If poor road design, missing traffic signs, or malfunctioning signals contributed to the crash, a government agency responsible for road maintenance may be liable. Filing a claim against a government entity in Arizona can be complicated, requiring strict adherence to legal deadlines and procedural rules. Victims seeking compensation from a city or state agency should consult with an experienced car accident lawyer to navigate the legal process.

Determining who is responsible for a texting-while-driving accident is a critical step in securing financial recovery. Torgenson Law investigates every aspect of a case to ensure that all at-fault parties are held accountable.

Common Injuries in Texting-While-Driving Accidents

Texting-while-driving accidents often result in serious or catastrophic injuries because the distracted driver fails to slow down before impact. Unlike accidents where drivers attempt to brake or swerve, distracted driving crashes often happen at full speed, increasing the severity of injuries. Victims may require extensive medical treatment, rehabilitation, and long-term care. Some of the most common injuries include:

Traumatic Brain Injuries

A sudden impact can cause concussions, brain hemorrhages, or long-term cognitive impairments, affecting a victim’s ability to work, communicate, or perform daily tasks. Victims may experience memory loss, difficulty concentrating, dizziness, or personality changes, which can significantly impact their quality of life. In severe cases, TBIs can result in permanent brain damage, loss of motor function, or speech difficulties, requiring lifelong therapy and specialized medical care.

Spinal Cord Injuries

High-impact collisions can cause partial or complete paralysis, requiring lifelong medical care and rehabilitation. A spinal cord injury can result in loss of movement, chronic pain, and loss of bladder or bowel control, making daily activities extremely difficult. Victims may need wheelchairs, home modifications, and physical therapy to regain some level of mobility. Even minor spinal injuries can lead to persistent pain, nerve damage, and limited range of motion.

Broken Bones

Fractures in the arms, legs, ribs, or pelvis are common due to the high-speed force of impact in texting-related accidents. Severe breaks may require surgery, metal implants, and months of physical therapy, leading to long recovery times. In some cases, fractures may heal improperly, causing permanent pain, stiffness, or limited mobility. Ribs are particularly vulnerable in car accidents, and a broken rib can puncture a lung or damage internal organs, creating additional life-threatening complications.

Internal Injuries

Blunt force trauma from a high-speed crash can cause organ damage, internal bleeding, or punctured lungs, all of which can be life-threatening without immediate treatment. Internal injuries are particularly dangerous because they may not be immediately visible, and symptoms can take hours or days to appear. Delayed treatment can result in organ failure, severe infections, or long-term health complications. In many cases, victims of texting accidents require emergency surgery and intensive medical care to survive internal injuries.

Severe Lacerations and Burns

Shattered glass, metal debris, and vehicle fires can cause deep cuts, burns, or permanent scarring, requiring extensive medical treatment. Burns from airbag deployment, engine fires, or explosions can lead to third-degree burns, requiring skin grafts and long-term rehabilitation. Deep lacerations can damage muscles, tendons, and nerves, resulting in limited movement or permanent disability. In some cases, severe cuts and burns cause disfigurement, leading to emotional trauma and the need for reconstructive surgery.

The injuries sustained in texting-while-driving accidents in Phoenix can be life-altering, requiring victims to undergo months or even years of recovery. Seeking immediate medical attention and consulting an experienced car accident attorney can help victims secure the compensation they need to cover medical expenses, lost wages, and long-term care.

What Compensation Can You Recover?

Victims of texting-while-driving accidents in Phoenix may be entitled to financial compensation to help cover their medical bills, lost income, and emotional suffering. The amount recoverable depends on the severity of injuries, the impact on the victim’s life, and the level of negligence involved. Compensation typically falls into three main categories: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages cover the financial losses directly resulting from the accident. Medical expenses may include emergency room visits, surgeries, hospital stays, physical therapy, and any long-term rehabilitation needed for recovery.

If the injuries prevent a victim from working, they may also be compensated for lost wages and reduced earning capacity, especially if they can no longer perform the same job. Additionally, economic damages include property damage, such as repairing or replacing the victim’s vehicle and any other personal belongings damaged in the crash.

Non-Economic Damages

Not all damages from a texting-while-driving accident are financial — many victims experience significant emotional and physical suffering. Pain and suffering compensation accounts for chronic pain, permanent disabilities, or long-term discomfort resulting from the crash.

Victims may also recover damages for emotional distress, including PTSD, anxiety, depression, or difficulty adjusting to life after the accident. Loss of enjoyment of life may apply if the victim can no longer engage in hobbies, social activities, or family events due to their injuries.

Punitive Damages

Punitive damages are awarded in cases where the at-fault driver acted with extreme recklessness or intentional disregard for safety. If the driver was texting behind the wheel and driving aggressively — such as speeding, running red lights, or weaving through traffic — courts may impose punitive damages as a penalty. These damages are meant not only to punish the negligent driver but also to send a strong message discouraging similar reckless behavior on Phoenix roads.

Understanding the full scope of available compensation is essential for victims seeking justice and financial recovery. An experienced Phoenix car accident attorney can help fight for the maximum compensation possible and ensure that negligent drivers are held accountable.

How Torgenson Law Can Help

At Torgenson Law, we fight to hold negligent drivers accountable and help victims recover the compensation they deserve. Our legal team will investigate the accident, gather evidence, and negotiate aggressively with insurance companies on your behalf.

If you or a loved one has been injured in a texting-while-driving accident in Phoenix, call Torgenson Law today at 602-726-0747 or reach out to us online for a free consultation. There are no upfront costs, and you pay nothing unless we win your case. Let us handle the legal process while you focus on recovery.