Hands Free Law | Birmingham, Alabama

Alabama Injury Lawyer · Pay no fees until we win!

Call us Now:

Distracted Driving Attorney Alabama

Stay Safe, Stay Connected: Birmingham’s Guide to Hands-Free Driving

Distracted driving, including using a cell phone while behind the wheel, is a major danger on the roads.  To combat this, a law has been implemented and called as Alabama hands free law. Hands-free laws have been shown to reduce distracted driving accidents and save lives. While the law is relatively new in Alabama, it has the potential to make a significant impact on road safety.

Short Summary

  • The Hands Free Law in Alabama prohibits texting and driving for all drivers. It imposes stricter rules for those under 18, and prohibits various distractions and impaired driving behaviors to enhance road safety.
  • Alabama’s texting and driving law permits phone use for emergency calls and when parked safely. Additionally, it allows phone use for navigation purposes, as long as directions are set before driving.
  • Using your phone while driving in Alabama can result in fines and license points immediately, ranging from $25 to $75 for repeat offenses. Additionally, you could be responsible for covering accident damages according to state law.
  • After a distracted driving accident in Alabama, follow certain steps to protect yourself and your legal rights. 
  • Distracted driving like texting while driving in Alabama can make someone more responsible for an accident. To prove who’s at fault, you’ll need evidence showing they were distracted.
  • Various parties can be held liable for injuries in a distracted driving accident, including the distracted driver, employers if driving for work and government entities for road hazards among others.

What is Hands Free Law in Birmingham, Alabama?

Hands Free Law in Birmingham, Alabama says it’s illegal to text and drive on your phone. Drivers under 18 also can’t use their phone at all while driving, even with a headset. But for adults over 18, it’s still okay to use a cell phone in your car as long as you’re not texting. There was a law proposed to make this illegal too, but it didn’t pass.

Alabama’s hands free law says you can’t:

  • Text or hold your phone while driving. Truck drivers can only use a hands-free phone nearby.
  • Smoke, eat, or drink behind the wheel. It’s dangerous and can cause accidents.
  • Read maps or mess with the radio – focus on the road!
  • Look away for things outside the car – it can lead to trouble.
  • Drive under the influence of drugs or alcohol. They slow you down and make it hard to concentrate.

What Key Terms Will Help Me Understand The Hands Free Law?

The Alabama law against texting and driving uses some specific words. Here’s what they mean:

  • “Wireless telecommunication devices” – this means things like cell phones, PDAs, texting devices, and other gadgets you hold and use with your hands. But there’s an exception: Devices you can talk to and don’t need your hands to text with are okay.
  • “Texting” – texting while driving is illegal in Alabama. The law says you can’t write, send, or read texts, emails, or instant messages on your phone while behind the wheel. It’s okay to look up a number or contact someone to make a call. You just can’t be reading any messages while doing it.

What Are The Exceptions To The Hands Free Law?

Alabama’s texting and driving law lets drivers use their phones in a few cases. You can obviously call emergency services like police or fire. You can also pull over to the side of the road and use your phone freely. Lastly, it’s okay to use navigation apps like Waze or Google Maps, as long as you set the directions before you start driving.

What Are The Penalties For Distracted Driving?

In Alabama, texting or using your phone while driving is enough for a police officer to pull you over. This is because the law is a “primary” law. If you get caught, you’ll get a fine and points added to your license.

  • First offense: $25 fine
  • Second offense: $50 fine
  • Third time or more: $75 fine

Texting and driving can also mean you’re on the hook for any damages you cause in an accident, according to Alabama law.

What to do after a distracted driving accident in Alabama?

Being involved in a distracted driving accident can be a traumatic experience, but it’s crucial to stay calm and take the appropriate steps to protect yourself and your legal rights. In Alabama, where distracted driving poses a significant risk on the roads, knowing what to do immediately following an accident is essential. 

Below is a comprehensive overview of the steps to take after a distracted driving accident in Alabama.

Prioritize Safety

The safety of yourself and others involved should be your top priority. If possible, move your vehicle to a safe location away from traffic to prevent further accidents or injuries. Turn on your hazard lights and, if necessary, use cones or warning triangles to alert oncoming traffic.

Check for Injuries and Seek Medical Attention

Check yourself and your passengers for injuries. If anyone requires immediate medical attention, call 911 or ask a bystander to do so. Even if you don’t feel injured, it’s still crucial to seek medical attention. 

Some injuries may not be immediately apparent, and a medical professional can assess your condition and document any injuries for future reference.

Contact Law Enforcement

Report the accident to the police, providing them with accurate and detailed information about the incident. The police will document the accident, gather statements from involved parties and witnesses, and create an official report. This report can be vital when pursuing a legal claim later on.

Gather Evidence

If it is safe to do so, gather evidence at the accident scene. Take photographs or videos of the vehicles involved, the damage sustained, skid marks, traffic signs, and any visible injuries. Exchange contact and insurance information with the other driver(s) involved. 

Additionally, try to collect contact information from any witnesses who may have seen the accident.

Avoid Admitting Fault or Making Statements

Refrain from admitting fault or making any statements that could be interpreted as an admission of guilt. Even if you believe you may have contributed to the accident, fault determination can be complex, and it is best left to the investigation and legal processes.

Notify Your Insurance Company

Contact your insurance company as soon as possible to report the accident. Provide them with accurate details about the incident and cooperate fully with their investigation. However, be cautious when discussing the accident with the insurance adjuster and avoid making speculative or definitive statements about the fault.

Preserve Evidence

Preserving evidence is crucial for building a strong case. Keep all relevant documents, such as medical records, vehicle repair receipts, and insurance correspondence. Preserve any physical evidence, such as damaged vehicle parts or personal belongings affected by the accident. This evidence will support your claim and help establish the extent of damages suffered.

Consider Rehabilitation and Emotional Support

Recovering from a distracted driving accident involves not only physical healing but also emotional recovery. Seek any necessary medical treatment, rehabilitation, or therapy to aid in your physical and emotional healing. Reach out to support networks, such as family, friends, or support groups, to help cope with the emotional toll of the accident.

How Does Distracted Driving Impact Liability for an Accident?

In Alabama, personal injury cases operate under a fault-based system. If a collision occurs due to distractions like texting while driving, the responsible party is typically accountable for resulting damages such as medical expenses, lost wages, and vehicle repair costs.

To establish liability in an accident, it’s necessary to demonstrate the distraction of the at-fault driver. Your legal representative can potentially obtain evidence, such as cellphone records indicating texting during the incident or surveillance footage capturing phone use while driving.

Who Can Be Held Liable for My Distracted Driving Accident Injuries?

In a distracted driving accident, liability for injuries can extend to various parties depending on the circumstances of the case. Here are some potentially liable parties:

DISTRACTED DRIVER

The primary party held responsible for a distracted driving accident is the driver who was engaged in the distracting activity. Whether it’s texting, talking on the phone, eating, or any other form of distraction, drivers have a duty to operate their vehicles safely and without distractions. 

EMPLOYERS

If the distracted driver was operating a vehicle in the course of their employment at the time of the accident, their employer may be held liable under certain circumstances. This concept is known as “vicarious liability” or “employer liability.” 

VEHICLE OWNERS

In situations where the distracted driver was operating a vehicle owned by someone else, the vehicle owner may be held liable under certain circumstances. If the owner knew or should have known about the driver’s propensity for distracted driving or negligently entrusted their vehicle to an irresponsible driver, they can be held responsible for the accident and resulting injuries.

VEHICLE MANUFACTURERS

In some cases, a defect in the vehicle’s design or manufacturing may have contributed to the accident or exacerbated the injuries. If a defect, such as a faulty brake system or malfunctioning electronics, caused the distracted driving accident or worsened its consequences, the vehicle manufacturer may be held liable for the resulting injuries.

GOVERNMENT ENTITIES

In rare cases, liability may extend to government entities responsible for roadway maintenance and safety. If a distracted driving accident occurred due to a hazardous road condition, such as inadequate signage, poorly maintained roads, or malfunctioning traffic signals, the government entity tasked with road maintenance and safety may be held liable for the injuries.

Get Legal Help From Our Distracted Driving Attorney Today!

While Alabama’s hands free law allows some phone use with adult drivers, it remains crucial to prioritize safe driving. By keeping your phone down and focusing on the road, you can significantly reduce your risk of accidents. Remember, even a short glance away from the road can have devastating consequences.

Distracted driving accidents can have devastating consequences, but holding the responsible parties accountable and seeking rightful compensation can help victims rebuild their lives. Identifying liable parties in these cases requires a thorough investigation, and seeking legal assistance is crucial to navigating the complex legal process.

Our knowledgeable distracted driving attorney Alabama understands the intricacies of Alabama’s laws and regulations and can skillfully advocate for your rights. Don’t face the aftermath of a distracted driving accident alone. Contact Petro Accident and Injury Attorneys today for a consultation. 

We also have experience handling car accidents, truck accidents, drugged driving accidents, and motorcycle accidents. Let our compassionate legal team guide you through the legal process, provide support, and fight relentlessly for your rights. Together, we can pursue justice and help you move forward after a personal injury in Alabama.

Helping Injured Alabamians