A driver staring at their phone instead of the road can change your life in a second by causing a serious crash. If a distracted driver hit you in Huntsville, you are likely in pain, already hearing from an insurance adjuster, and unsure what to do next.

A distracted driving accident lawyer at Tyler Mann Injury Law can walk you through your options and take the pressure off so you can focus on getting better. Our founder, Tyler Mann, spent years handling claims from the insurance side as an adjuster, so he understands how insurers value a case and where they try to chip away at it.

If a distracted driver caused your crash, you can contact our team for a free consultation and an honest read on where you stand.

What Counts as a Distracted Driving Accident?

Distracted driving is any activity that pulls a driver’s attention away from driving. Safety researchers group it into three types, and the most dangerous behaviors involve all three at once.

These types of distraction include:

  • Manual Distraction: Anything that takes a driver’s hands off the wheel, such as eating, adjusting the radio, or reaching for a dropped item
  • Visual Distraction: Anything that takes a driver’s eyes off the road, like reading a text or staring at a GPS screen
  • Cognitive Distraction: Anything that takes a driver’s mind off driving, including a heated phone conversation or simply daydreaming

Texting while driving is the worst offender because it involves all three. A driver who is texting takes their hands, eyes, and focus off the road at the same time.

On busy North Alabama corridors like Memorial Parkway, I-565, and University Drive, a few seconds of distraction at highway speed is enough to cause a serious wreck. Distracted driving is a common cause of the crashes our Huntsville car accident lawyers handle.

Alabama’s Hands-Free Law and Distracted Driving Penalties

Alabama tightened its distracted driving law in 2023. Under the hands-free law, drivers may not hold a phone or similar device to call, text, browse the internet, or watch or record video while driving. The law took effect with a one-year warning period, and full enforcement began in the summer of 2024.

The law has limits on how it is enforced. It is a secondary offense, which means an officer generally must first see another violation, such as swerving or crossing lanes, before writing a ticket. Drivers can still answer a call with a single tap or swipe, and hands-free tools like Bluetooth and dashboard mounts are allowed.

Fines increase with each offense inside a 24-month window:

  • First Offense: A first violation within 24 months carries a fine of up to $50, plus points on your driving record.
  • Second Offense: A second violation within 24 months carries a fine of up to $100.
  • Third Offense: A third or later violation within 24 months carries a fine of up to $150.

The law also gives first-time offenders a break. Someone charged with a first offense can avoid a conviction by showing the court they purchased a hands-free device. There are no court costs for a violation, and a driver cannot be arrested just for breaking this law.

A traffic ticket is not the same as your injury claim, and you don’t need one to hold a distracted driver responsible. Still, proof that a driver broke the hands-free law can be strong evidence of negligence in your civil case.

How Alabama’s Contributory Negligence Rule Affects Your Claim

Alabama follows one of the strictest fault rules in the country. It is called pure contributory negligence, and it can be harsh. If you are found even 1% at fault for the crash, you can be barred from recovering anything at all. This is not a rule that simply reduces your payment. Under Alabama law, a small share of blame can end the claim entirely.

That is exactly why insurance companies work so hard to pin part of the blame on you after a distracted driving crash. If the adjuster can argue you were speeding, changed lanes without signaling, or were also on your phone, the insurer may use Alabama’s contributory negligence rule to try to deny the claim outright.

An experienced attorney can push back on these arguments. We can gather the evidence, reconstruct what happened, and work to keep the fault where it belongs. Because the stakes are all or nothing, having someone protect your side of the story from the start makes a real difference.

How to Prove a Driver Was Distracted

Proving that a driver was distracted takes more than saying so. The evidence often exists, but it can disappear quickly, which is one reason to talk to a lawyer soon after your crash.

Common types of proof include:

  • Cell Phone Records: Subpoenaed phone records can show whether the driver was texting or calling at the moment of the crash.
  • Scene Evidence: A phone found in the driver’s lap, spilled food, or the absence of skid marks can all point to distraction.
  • Video Footage: Traffic cameras, doorbell cameras, and dashcams may capture the moments before impact.
  • Witness Accounts: People who saw the driver looking down or holding a phone can support your version of events.

Phone records usually require legal action to obtain, and businesses often record over camera footage within days or weeks. Tyler Mann’s background as an insurance adjuster helps here. He knows what the other side looks for and what evidence carries weight, and he can use that to build a stronger case for you.

Common Injuries in Distracted Driving Crashes

Because distracted drivers often fail to brake or swerve before impact, these crashes can cause severe harm.

The injuries we see in Huntsville distracted driving cases include:

  • Whiplash and Neck Injuries: The sudden force of a collision can strain or tear the soft tissue in your neck and back.
  • Broken Bones: Arms, wrists, ribs, and legs are frequently fractured in a hard impact.
  • Traumatic Brain Injuries: A blow to the head can cause anything from a concussion to lasting cognitive problems.
  • Spinal Cord Injuries: Damage to the spine can lead to chronic pain or partial or complete paralysis.
  • Internal Injuries: Organ damage and internal bleeding are not always obvious and can be life-threatening.

People hurt in serious crashes across North Alabama are often treated at Huntsville Hospital, the region’s Level I trauma center. See a doctor even if you feel fine at first. Some injuries, including brain injuries and internal bleeding, take time to show symptoms, and a medical record also connects your injuries to the crash.

What to Do After Being Hit by a Distracted Driver

The steps you take after a crash can protect both your health and your claim. If a distracted driver hits you, try to do the following:

  • Call 911. A police report creates an official record of the crash and the other driver’s behavior.
  • Document the scene. Take photos of the vehicles, the road, and anything that suggests the driver was distracted.
  • Get medical care. See a doctor promptly, even if your pain seems minor at first.
  • Be careful with the adjuster. The other driver’s insurer may call within days looking for a recorded statement.

That last point matters. Insurance adjusters often reach out early and sound friendly, but their goal is to limit what the company pays. A quick recorded statement or a fast settlement offer can hurt your claim before you know its full value.

It costs nothing to talk to us first, and you can contact our office for a free consultation before you deal with the insurance company.

Damages You May Be Able to Recover

Every case is different, but people injured by distracted drivers may be entitled to compensation for a range of losses.

These generally fall into two groups:

  • Economic Damages: These include measurable financial losses such as medical bills, lost wages, reduced earning capacity, and vehicle repairs.
  • Non-economic Damages: These cover harder-to-measure losses such as pain and suffering, emotional distress, and reduced quality of life.

One challenge in Alabama is that drivers only have to carry minimum liability coverage of 25/50/25, which means as little as $25,000 for one person’s injuries. Serious injuries can cost far more than that.

When the at-fault driver’s coverage falls short, your own uninsured and underinsured motorist coverage may help fill the gap, and we can help you sort out which policies apply.

Frequently Asked Questions

Here are answers to some common questions about distracted driving crashes in Alabama.

Is Distracted Driving Illegal in Alabama?

Yes. Alabama’s hands-free law makes it illegal to hold a phone or similar device to call, text, browse, or watch video while driving. Full enforcement began in the summer of 2024. Drivers can still use hands-free tools like Bluetooth or a dashboard mount.

What Is Considered Distracted Driving?

Distracted driving is anything that takes your hands, eyes, or mind off driving. That includes texting, checking a GPS, eating, grooming, and even a demanding phone conversation. Texting is the most dangerous because it combines all three kinds of distraction at once.

How Do You Prove a Driver Was Texting or on Their Phone?

The strongest proof usually comes from the driver’s cell phone records, which can show calls and texts at the time of the crash. Video footage, the phone’s position after the wreck, and witness statements can also help. Much of this evidence fades fast, so gathering it early is important.

What Are the Penalties for Distracted Driving in Alabama?

A violation is a Class C misdemeanor. Fines increase with each offense within 24 months: up to $50 for a first offense, $100 for a second, and $150 for a third or later offense, along with points on your driving record. These are traffic penalties, separate from any civil claim you may have for your injuries.

Can I Still Recover Money if I Was Partly at Fault?

Usually not. Alabama’s pure contributory negligence rule can bar you from recovering anything if you are found even 1% at fault. That is why insurers try so hard to shift blame after a crash, and why it helps to have an attorney work to keep the fault on the distracted driver.

How Long Do I Have to File a Distracted Driving Claim in Alabama?

In most cases, you have two years from the date of the crash to file a personal injury lawsuit in Alabama. Some deadlines are shorter, especially when a government vehicle or agency is involved. Missing the filing deadline can end your case, so it is smart to act early.

What Does It Cost to Hire a Distracted Driving Accident Lawyer?

Nothing up front. Tyler Mann Injury Law handles these cases on a contingency basis through its No Fee Guarantee®, which means you pay nothing unless the firm recovers money for you. Your first consultation is always free.

Talk to a Huntsville Distracted Driving Accident Lawyer Today

Getting into a crash with a distracted driver can leave you hurt, stressed, and confronted with an insurance company that is incentivized to pay you as little as possible. You don’t have to face it alone.

Tyler Mann grew up in North Alabama, built a small firm where clients work directly with attorneys, and knows the insurance business inside and out. When you need someone in your corner, Tyler’s your man.

Let us handle the negotiations and legal issues while you focus on healing. Contact Tyler Mann Injury Law today for a free consultation. You pay nothing unless we recover money for you.