Alabama texting and driving law

If you operate a motor vehicle in Alabama, you need to know state traffic regulations – including the texting and driving law. It’s against the law in Alabama for drivers to text with a wireless communication device, like a smartphone or tablet, while driving. Drivers under 18 with a Restricted License are not permitted to use mobile phones or any handheld devices at all while operating motor vehicles. 

What Is Considered a Wireless Telecommunications Device?

To understand Alabama’s texting and driving law, you need to know how the law defines the terms “wireless device” and “texting.” Alabama Code § 32-5A-350.1 defines a wireless telecommunication device as one of the following:

• Handheld cell phones, like a smartphone
• Text messaging devices, like a SideKick
• Personal digital assistants (PDAs)
• Any other mobile communication device that requires manual input to communicate

The statute defines “texting” as reading, writing, or sending text-based communication while driving. Texts include emails, instant messages (IMs) or direct messages (DMs), and text messages. However, voice-operated texting devices or talk-to-text functionality is allowed. Drivers may also use a single button or finger swipe on a wireless device to begin or end voice communication.

Are There Exceptions to the Alabama Law?

There are exceptions to the texting-and-driving ban. A driver may use a wireless communication device in the following situations:

• When they are legally parked or pulled over on the shoulder of the road
• If they need to contact emergency services, like 911 or the police
• If they’re using pre-programmed driving directions to an address in their phone’s GPS app

Can an Alabama Driver Over 18 Still Use a Cellphone While Driving?

A driver over 18 can talk on speaker on a cellphone or use talk-to-text but may not text. They also cannot hold a cell phone while driving. Only hands-free functions are allowed. However, drivers under 18 with a Restricted License cannot use a wireless communication device at all – whether hands-free or not.

What Are the Penalties for Texting While Driving?

Alabama law sets the following penalties for a texting and driving ticket:

• First violation – $50 fine
• Second violation – $100 fine
• Third and subsequent violations – $150 fine

A driver who breaks the law will also receive two points on their driver’s license for each texting and driving violation. More than 12 points on an Alabama license in two years leads to a license suspension.

These aren’t the only consequences of a texting and driving violation. A driver who gets into an accident while texting and driving could be charged with reckless driving.

In addition to the criminal penalties a person could face for texting and driving, there are civil penalties, too. The at-fault driver could be held liable for the motor vehicle crash and responsible for the losses the other driver suffers. The other driver could file a lawsuit seeking compensation for their medical bills, pain and suffering, and costs to repair or replace their vehicle. If you were injured by a driver who was texting and driving, contact an experienced Alabama car accident lawyer to learn more about your legal options for compensation.

How Can You Prove Liability in a Distracted Driving Accident?

It can be tricky to prove that a driver was distracted by their cell phone when they caused an accident. However, an experienced Alabama car accident lawyer can investigate the circumstances surrounding the wreck to prove liability. Witness testimony of the distracted driver’s behavior is one kind of proof a lawyer may use to prove distracted driving liability. Other pieces of evidence may include:

• Surveillance footage – Traffic or surveillance cameras from nearby businesses may capture the other driver texting while behind the wheel. After a wreck, note any businesses in the area with cameras. Your attorney may subpoena the video footage to see if it shows the other driver texting while driving.
• Cell phone records – The other driver’s phone records might contain time-stamped texts that match the time they were operating the vehicle. If the driver was using a texting app, like What’s App or social media, the phone records could show when the app was in use.
• “Black box” data – Some newer vehicles have in-vehicle recording devices that log information from a crash, like a driver’s speed and when they stepped on the brakes. This information may indicate that the driver was distracted and their response time was delayed.

Getting this evidence on your own can be difficult. However, an Alabama car accident injury attorney familiar with state traffic laws can subpoena camera footage, depose witnesses in the car with the at-fault driver, or request cell phone data from the at-fault driver’s wireless carrier.

Is There a Deadline for Filing a Distracted Driving Car Accident Lawsuit in Alabama?

In Alabama, you typically have two years from the car accident date to file a lawsuit against the other driver. If you miss the filing deadline, a judge will likely dismiss your case. Hiring an experienced car accident attorney is crucial to meeting critical deadlines and protecting your right to seek compensation in civil court.

Contact an Alabama Car Accident Lawyer

Were you injured in a collision with a distracted driver? Did the police report or witness testimony at the accident scene indicate that the driver who caused the crash was texting and driving? If so, you may have grounds to seek compensation from the other driver. You can learn about your legal options in a free consultation with an experienced Alabama car accident lawyer from Gartlan Injury Law. Contact us today to get started.

Visit Our Alabama Car Accident Law Offices