Do you think the driver who hit you was distracted?

We are sorry this happened to you. You are not alone, and you do not have to figure this out by yourself.

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This page is for after you are safe.

This page covers distracted driving claim deadlines and what to do right now. We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Distracted driving remains a major cause of serious crashes. In 2024, 3,208 people died in crashes involving a distracted driver, and more than 315,000 people were injured, according to the National Highway Traffic Safety Administration (NHTSA). Reading or sending a text while driving at 55 miles per hour is like driving the length of a football field with your eyes closed (NHTSA).

Why proving phone use is the central challenge

In a distracted driving claim, the biggest fight is usually not about who caused the crash. It is about proving what the other driver was actually doing in the seconds before impact. A driver who was texting will rarely admit it, so your claim often depends on outside evidence.

Cell phone records. Attorneys and investigators can request call and text logs from a driver's mobile carrier. These records can show whether a call, text, or data activity was happening at the exact moment of the crash. Getting these records generally requires a formal legal process.
"Textalyzer"-type tools. Some police departments now use forensic tools, sometimes called textalyzers, that can connect to a phone after a crash and show broader activity, including app use like social media or messaging, not just calls and texts. Use of these tools by police is still developing and varies by state and department.
Event data recorders (EDR). Most vehicles built since 2014 include an event data recorder, sometimes called a "black box," which captures data like speed, braking, and steering in the moments before a crash. An EDR cannot show phone use directly, but it can show a driver failed to brake or react, which supports a distraction argument alongside phone records.

Because none of this evidence walks into your hands automatically, requesting it quickly, before it is deleted or overwritten, is often the most important early step in a distracted driving claim. This overlaps with the basic first steps in our car crash guide, but the evidence request timeline matters even more here.

What we know about outcomes

We are not a law firm, and we do not predict or promise what any case is worth. Reporting on distracted driving litigation notes that when phone records confirm a driver was actively using their device at the time of a crash, insurers often become far less willing to dispute fault, since the evidence is hard to argue against. Case values still vary enormously by state, injury severity, and available insurance coverage. See our state pages for state-specific information.

When it goes wrong: a true story

News reporting from Connecticut described a New Britain couple who were seriously hurt in a cellphone-related crash and ultimately received a $1.3 million settlement, and a Torrington woman who was awarded $1.4 million after a driver talking on a cellphone struck her head-on. In both cases, connecting the driver's phone activity to the moment of the crash was central to the outcome (Connecticut Health Investigative Team).

These outcomes did not happen automatically. They required someone to go get the phone records and put them in front of an insurer or a jury. That is the unforgiving part of a distracted driving claim: the proof exists, but it does not show up on its own. Talk to an advocate. They will introduce you to a lawyer who moves fast to get it.

Talk to an advocate. Proving distraction takes fast action.

Protect your case

Talk to an advocate at WeHelpInjured. It is free.
Call the police and get a copy of the report. Note if the officer records any suspicion of phone use or distraction.
Look for witnesses who may have seen the other driver on their phone before the crash, and get their contact information.
Ask about nearby traffic or business cameras that may have captured the moments before the crash.
Photograph the scene, the vehicles, and any visible injuries.
Keep every medical bill and missed work record in one folder.
Warning: don't wait! The filing deadline is a trap. It is different in every state, so people wait, and waiting kills cases. The longer you wait, the fuzzier memories get and phone or camera records get deleted or overwritten. Talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines. Do not assume the standard rule covers a hospital case. Find your state on our state pages.

Never do these

Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
Never wait to request phone records or camera footage. This evidence can be deleted or overwritten fast.
Never sign a release or accept a settlement offer before talking to an advocate.

What we can help with

Understanding what happened and what evidence may support your claim.
Finding state benefits or support programs you may qualify for.
Connecting you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves.

All of it is free to you. We never take money from injured people.

Talk to an advocate. Proving distraction takes fast action.

Sources

NHTSA, Distracted Driving: https://www.nhtsa.gov/risky-driving/distracted-driving
Connecticut Health Investigative Team, Court Awards, Settlements Rising In Distracted Driving Lawsuits: https://c-hit.org/2017/09/06/court-awards-settlements-rising-in-distracted-driving-lawsuits/
Related reading: car crash guide