A driver who looks down at a phone for five seconds while traveling at 55 miles per hour covers the length of a football field without watching the road. On I-10 through Mobile, Airport Boulevard, US-98 in Daphne, or Highway 59 in Gulf Shores, five seconds of inattention is enough to destroy a life. At Simmons Law, Chris Simmons handles texting-while-driving accident cases throughout Mobile County and Baldwin County. If a distracted driver hit your vehicle, Simmons Law investigates immediately to preserve the evidence that proves phone use. Call (251) 306-8333 for a free consultation.
Alabama's Distracted Driving Law — Negligence Per Se
Alabama Code § 32-5A-350 bans the use of handheld electronic devices while operating a motor vehicle. A driver who texts, scrolls social media, reads email, or holds a phone for any reason while driving violates Alabama law. That statutory violation is significant in a personal injury case because it constitutes negligence per se — meaning the driver's violation of the law establishes their negligence as a matter of law. Rather than arguing in general terms that the driver 'should have been paying attention,' a Simmons Law case built around § 32-5A-350 establishes the legal duty, the statutory violation, and the causal connection between phone use and the crash in a tight, documented framework. Insurance adjusters know this. When evidence of phone use exists, it changes the settlement calculus dramatically.
Proving phone use is not guesswork. Cell phone records — call logs, text message timestamps, data usage records — are subpoenaed through the wireless carrier. Those records show the exact second a text was sent or received. Event data recorders (the black box) in modern vehicles show braking, steering, and speed data in the seconds before impact. Surveillance cameras at intersections on Airport Boulevard, Cottage Hill Road, Government Street, and throughout the commercial corridors of Mobile and Foley in Baldwin County capture crashes in real time. Simmons Law moves quickly on distracted driving cases because this evidence has a shelf life — cell carriers purge records on their own schedules, and intersection camera footage gets overwritten in days.
Distracted Driving on Mobile and Baldwin County Roads
Certain roads in Mobile and Baldwin County generate disproportionate distracted driving accidents. I-10 through Mobile, including the Bayway over Mobile Bay, is one of the highest-traffic corridors in Alabama — and a road where phone distraction at highway speed causes catastrophic multi-vehicle crashes. Airport Boulevard from I-65 to the airport corridor generates rear-end collisions in its stop-and-go commercial traffic, where a driver glancing at a phone misses a vehicle that has slowed or stopped. In Baldwin County, US-98 between Daphne and Fairhope — a road under constant development pressure as the Eastern Shore population grows — generates frequent distracted driving rear-end and sideswipe crashes. Highway 59 through Gulf Shores and Orange Beach during tourist season combines unfamiliar out-of-state drivers with heavy traffic and frequent GPS use, creating a distraction pattern that peaks between Memorial Day and Labor Day each year.
What to Do After a Distracted Driving Accident
After an accident caused by a texting driver in Mobile or Baldwin County, the most important immediate step is to preserve evidence of phone use before the driver has time to delete records. If any witness saw the driver looking at a phone before the crash, get their name and contact information on the scene. Note in writing immediately after the accident the driver's behavior — any admission, any statement about being on their phone, any witness description. Photograph the other driver's phone if it is visible. Request the police report and check whether distracted driving was noted as a contributing factor. Call Simmons Law at (251) 306-8333 as soon as possible — the earlier the investigation begins, the stronger the case.
Medical Care After a Distracted Driving Crash
Rear-end collisions caused by texting drivers generate a specific injury pattern — whiplash, cervical spine injuries, lumbar disc damage, and traumatic brain injuries from the occupant's head striking the headrest or airbag. Seek immediate treatment at University of South Alabama Medical Center (2451 Fillingim Street, Mobile), Mobile Infirmary on Springhill Avenue, or Springhill Medical Center for serious injuries. In Baldwin County, Thomas Hospital in Fairhope and South Baldwin Regional Medical Center in Foley are the primary treatment centers. Do not skip the emergency room because you feel the impact was minor. Cervical and lumbar disc injuries are notoriously difficult to detect immediately and frequently worsen in the days after a crash. Document every medical visit.
Damages in Texting-While-Driving Cases
When a driver's phone use is established, Alabama cases frequently support claims for both compensatory damages — medical expenses, lost wages, pain and suffering — and punitive damages under Alabama's punitive damages framework. A driver who consciously chose to use a phone behind the wheel, knowing that doing so is illegal and dangerous, arguably demonstrates the kind of wanton disregard for the safety of others that Alabama courts have found supports punitive damages. Cases tried in Mobile County Circuit Court at 205 Government Street, Mobile, AL 36644, or in Baldwin County Circuit Court at 312 Courthouse Square, Bay Minette, AL 36507, give juries the opportunity to send a message about distracted driving. Simmons Law builds every texting case with trial in mind — because the threat of trial is what gets fair settlements.
