Explaining Alabama’s New Hands-Free Driving Law

Alabama adopted a new law in June of 2023 that makes using a cell phone or other mobile electronic device while driving illegal. Alabama law requires drivers to use their cell phones and other electronic devices in a hands-free mode. Law enforcement can now issue citations and fine distracted drivers who violate the law. Violations have additional consequences, including adding points to the driver’s record and the potential for increased auto insurance costs.

It is now against Alabama law to drive and:

• Physically hold a wireless or electronic device
• Write, send, or read messages
• Browse the internet
• Watch, record, or broadcast videos
• Use more than a single button or swipe to start or end voice communications

Manual cell phone use is a secondary offense, though. This means an officer can only pull a driver over and issue a citation if the driver commits another traffic offense, such as swerving or not using a turn signal to change lanes.

Why Was the Alabama Hands-Free Law Put into Effect?

Alabama adopted this new hands-free law to combat the risk of distracted driving. According to Drive Safe Alabama, distracted driving fatalities have increased nearly 70 percent in the last five years. They also estimate that texting drivers are 23 times more at risk of crashing than drivers who aren’t on their phones.

Motorists who hold their cell phones to make calls, send or read text messages, or program navigation must take their eyes and attention off the road to do so – a distraction that can have devastating results. Drivers should instead pull over to a safe place, such as a parking lot, before grabbing their phone to get GPS directions or make a call.

The new hands-free law addresses potential loopholes left by Alabama’s other distracted driving laws, such as through the following restrictions:

• Drivers cannot use their phones unless they’re using hands-free technology.
• Drivers may not watch videos of any kind while driving other than data related to navigation.
• Drivers cannot reach for phones or other communications devices in a way that requires them to move out of the proper driving position or take off their seatbelt.

Can I Use Bluetooth Hands-Free Devices?

The hands-free law allows drivers to use their cell phones or other wireless communication devices in a hands-free mode, such as by connecting the device to their vehicle through a wired connection or Bluetooth. Newer vehicles that allow drivers to connect their phones to the car through Bluetooth can use the vehicle’s voice activation or text-to-speech system to control their phone to get GPS navigation, make calls, or send and listen to text messages.

What Is the Penalty for a Hands-Free Law Violation?

Drivers charged with breaking Alabama’s hands-free law can be convicted of a misdemeanor. Penalties for violations of the hands-free law include:

• A $50 fine and one point on the violator’s driver’s license for a first citation
• A $100 fine and two points on the violator’s driver’s license for a second violation
• A $150 fine and three driver’s license points for a third violation

Drivers who accumulate too many points may face a temporary suspension of their driving privileges.

Citations for violating the hands-free law may lead to increased insurance costs for drivers, as insurance companies can see violations on a driver’s record and determine that the driver poses a greater risk of causing an accident through their distracted driving. Drivers who cause collisions while violating the hands-free law may also be found liable for any resulting injuries or damages.

What Are the Statistics on Distracted Driving Accidents in Alabama?

According to the Alabama Law Enforcement Agency (ALEA), nearly 1,900 motor vehicle accidents occurred in Alabama in one recent year due to cell phone use by motorists. Nationwide, distracted driving caused over 324,000 cases of injury and 3,100 fatalities.

The Alabama Department of Transportation (ALDOT) reports that almost 70 auto accident fatalities occurred in Alabama in a recent year due to distracted driving, an increase of 36 percent over the previous year.

What Should I Do After a Distracted Driving Accident?

Were you injured in a motor vehicle accident caused by a driver who was using their phone? If so, taking the following steps can put you in a better position to seek financial compensation from the negligent driver:

• Report the accident to law enforcement. If an officer responds to the accident scene, remember to get a copy of the police crash report in the days following the collision.
• Seek immediate medical attention for any injuries you may have sustained in the car wreck. You should see your doctor even if you feel fine right after the accident since the stress of a crash can prevent you from noticing symptoms of serious injury.
• Follow your doctor’s treatment plan and recovery instructions for your injuries. Request copies of your medical records for your treatment and rehabilitation.
• Keep all bills and receipts for expenses you incur as a result of the collision, including vehicle repairs, alternative transportation expenses, and medical treatment.
• Gather your pay stubs or income statements, which can help you establish the wages you’ve lost due to missed time from work and any reduced earning capacity caused by your accident injuries.
• Collect any evidence you gathered at the accident scene, such as photos, videos, or witness statements and their contact information.
• Avoid discussing the collision or your injury claim on social media, and do not post photos or videos of yourself while undergoing treatment and rehabilitation. Insurance companies sometimes look at accident victims’ social media accounts for evidence that may undermine their injury claims.

You should also contact a distracted driving attorney as soon as possible to discuss your options for seeking compensation from the at-fault driver and their insurance company.

Contact an Alabama Car Accident Lawyer

You deserve to pursue compensation and justice for the injuries you suffered in a car accident caused by a distracted driver. Contact Gartlan Injury Law for a free, no-obligation consultation with an experienced Alabama car accident attorney to discuss your options for seeking financial recovery for your medical treatment, lost income, and pain and suffering. We work on contingency, which means we won’t charge you a fee unless we secure compensation on your behalf. Reach out today to get started.

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