April is Distracted Driving Awareness Month, and believe us, you will want to give your full attention to this one.

No matter how safe you think you are, one simple glance down at your phone can change everything—from your case to your life, or to the lives of others.

Cell phone-related accidents accounted for 12% of all distracted driving accidents that resulted in fatalities in 2021. According to the National Highway Traffic Safety Administration (NHTSA), driving at 55 mph while sending or reading a text message for five seconds is the same as driving the entire length of a football field with your eyes shut.

If those facts don't make you reconsider how you interact with your cell phone while driving, then the legal consequences might. 

How Phone Activity Damages Your Case

Insurance companies and opposing attorneys don't have to guess whether you were driving distracted; they can prove it. They can subpoena phone records to see if you were texting, calling, or using apps before the accident. Dash cameras, surveillance cameras, and even traffic camera footage can also be procured to illustrate a case of distracted driving. 

How it Can Improve Your Case

If you're involved in an accident with a distracted driver, phone records, video evidence, witness testimony, and even smart car data can be used to support your case. If you dialed 911 immediately after the crash, that timestamp can corroborate your version of events.

The Legal Consequence of Distracted Driving

In Louisiana, it is illegal to text while driving. In the event of injury or death, you could face legal action beyond civil claims. It can also shift the fault of an accident to you, impacting your case and ability to recover damages. 

Phone Usage After the Accident Can Also Impact Your Case

In the immediate aftermath of the accident, limit phone usage to essential tasks only. The time immediately after an accident is critical to your case. Your phone should be used to contact the police, document the scene, and collect and record information. Phone calls and texting should be limited to emergencies only.

Avoid posting about your accident on social media. Even innocent posts such as "I'm okay!" can be misconstrued and used against you. Remember, insurance companies and opposing attorneys are always looking for information they can use to support their side. Social media checks are just one of many steps they will use to help build a case against you.

Legal ramifications aside, distracted driving is not just dangerous for you; it can ruin lives in the time it takes to look down at your phone. Stay off your phone while driving, and limit usage to when you are safely parked.

If a distracted driver has injured you, don’t leave your case to chance. Call us at (844) 833-3003 for a free consultation. E Eric Guirard Injury Lawyers will fight to get you the compensation you deserve.

SOURCE: 

Leicht, A. (2025, January 3). Texting and Driving Statistics 2025. Forbes Advisor. https://www.forbes.com/advisor/car-insurance/texting-driving-statistics/