You may be liable for a car accident if you were using a cell phone or other device while driving.
Updated 5/14/2025
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As more and more states restrict and prohibit phone use while driving, offenders aren't just opening themselves up to fines and other penalties. Whether it's texting, talking, or scrolling, using a phone while driving might make you at fault for causing a car accident. You could also be on the hook if your kid or an employee causes a traffic accident while using the phone.
Phone Use and Car Accident Liability
In recent years, people involved in car accident lawsuits have argued—and courts have agreed—that a driver's use of a phone immediately before or at the time of an accident amounts to negligence. In the eyes of the law, someone who has been found negligent can be held financially responsible for harm caused to others, so it's clear why this kind of finding is a big deal in a car accident case. (Learn more about negligence in personal injury cases.)
Any argument that's largely successful in court is also fair game in the car insurance claim process. So, insurance adjusters will likely follow this same logic in investigating a car insurance claim and making a fault determination, when phone use looks like it played a part in the accident.
Phone Use Can Amount to "Comparative Negligence"
Note that liability for phone use works both ways. When a car accident case goes to court, the driver who's being sued can successfully argue that the injured person shares some amount of legal blame for the accident because they were using their phone while driving. This comparative or contributory negligence defense can reduce the injured person's compensation.
Proving the Other Driver Was on Their Phone
If you think the other driver was using their phone in the moments leading up to your crash—or if the other driver is arguing that you were the one using a phone or other device—there are a number of ways to try to build this case. Going after phone records is one method, but you'll need to go to court to do that. Get the details on proving that the other driver was using their phone at the time of an accident.
Employers Can Be Liable for Employee Drivers' Phone Use
Under a legal rule called "respondeat superior" (meaning "let the superior answer"), an employer can be held legally responsible for an employee's negligent driving. If an employee's phone-distracted driving causes an accident while the employee is driving on their employer's business, the employer can almost certainly expect a legal claim.
The injured person will sue both the employer and the employee, but the real target is the employer. Why? Because the employer typically has more money—"deeper pockets," as lawyers say—to pay a settlement or lawsuit judgment. This legal liability is why growing numbers of employers prohibit employees from using any phone or other electronic device (whether personal or work-issued) while driving. Learn more about an employer's liability for employees' car accidents.
Are Parents Responsible for Teen Drivers' Phone Use?
There's a clear connection between teen auto accidents and distracted driving, including phone use. Many states impose special restrictions on teen or novice drivers using phones while driving.
Plaintiffs have also claimed that parents should be held legally responsible for accidents their kids cause while driving and using a phone. In some cases, plaintiffs have argued that parents should be held vicariously liable for a child's negligent driving. Other times, injured parties claim that parents themselves negligently entrusted their child with a car and a phone.
If You Use Your Phone While Driving, Your Car Insurance Could Go Up
Car insurance companies are paying close attention to the link between phone use and car accidents. Many insurance company websites warn of the dangers of distracted driving.
If you're at fault for a car accident caused by phone use, or are ticketed for talking or texting while driving, you're likely to see your car insurance premium go up. Repeated accident claims caused by phone use might prompt your auto insurer to cancel or refuse to renew your coverage. The best way to avoid insurance problems is to avoid distracted driving altogether.
Get Help From a Car Accident Lawyer
If you were hurt by a distracted driver who was using a phone or other device, any injury claim you make is likely to face a few extra hurdles, especially when it comes to proving fault. It's possible to handle this kind of claim on your own, but it might make sense to at least discuss your situation—and your options—with an experienced legal professional. Learn more about how an attorney can help with a car accident case, and get tips on finding the right lawyer for you.
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