A driver looking at a phone for five seconds at 55 mph travels the length of a football field without watching the road. On the I-10 bridge, the Causeway, Dauphin Island Parkway, and US-98 through Baldwin County, that kind of distraction causes some of the most devastating crashes in the region. When a distracted driver causes a crash, Alabama law provides powerful tools to hold them accountable.
Alabama's Distracted Driving Law — § 32-5A-350
Alabama Code § 32-5A-350 prohibits drivers from using a handheld wireless telecommunications device while operating a motor vehicle. The statute covers texting, browsing, video calls, and other handheld device use. Violation is a Class C misdemeanor and carries fines. More important for civil cases, a violation of this statute constitutes negligence per se — meaning the driver's legal duty of care is established automatically by the statutory violation.
What Negligence Per Se Means for Your Case
In a standard negligence case, you must prove the at-fault driver breached their duty to drive reasonably. When a driver violates § 32-5A-350, negligence per se eliminates that burden — the statutory violation is itself evidence of negligence. You still must prove causation and damages, but a police report noting phone use at the time of the crash, combined with cell phone records showing active use, can decisively establish liability.
How Phone Records and Digital Evidence Are Obtained
Cell phone records documenting calls, texts, and data activity at the time of the crash are critical evidence. These records are obtainable through litigation discovery — a subpoena to the carrier requires them to produce timestamped records. Data from the at-fault driver's vehicle (event data recorders, also called black boxes) may also capture distraction-related driver inputs. This evidence must be preserved promptly — carriers typically retain records for limited periods and EDR data can be overwritten.
High-Risk Corridors in Mobile and Baldwin County
Distracted driving crashes in Mobile and Baldwin County concentrate on several key corridors. The I-10 bridge and the Causeway see heavy merging traffic where phone distraction dramatically increases rear-end risk. Dauphin Island Parkway through west Mobile is a long, relatively straight road where drivers mentally disengage and reach for their phones. US-98 through Daphne, Fairhope, and Foley carries high-speed through traffic mixed with commercial vehicles, where a distracted driver can cause catastrophic multi-vehicle crashes. Airport Boulevard in Mobile is a high-volume commercial corridor with frequent stop-and-go conditions — a prime environment for rear-end distracted driving crashes.
Damages Available in a Distracted Driving Case
Victims of distracted driving crashes in Alabama can recover medical expenses (past and future), lost wages and earning capacity, property damage, pain and suffering, and emotional distress. When a driver's conduct was especially reckless — such as a driver known to be habitually on their phone, or one who was intoxicated and distracted simultaneously — Alabama courts may also award punitive damages under Alabama Code § 6-11-20.
What to Do After a Distracted Driving Crash
At the scene, note whether the at-fault driver had a phone in hand, appeared to be looking down, or swerved without warning. Document skid marks — or their absence, which can indicate the driver never braked. Photograph the vehicles, the road, and any contributing conditions. Request that law enforcement note any observed phone use in the police report. Seek medical care immediately even if you feel fine — symptoms of whiplash, concussion, and spinal injury can take hours or days to appear.
At Simmons Law, Chris Simmons represents distracted driving crash victims across Mobile and Baldwin County. Contact a Mobile car accident lawyer at (251) 306-8333 to discuss your case.
