Liability When Texting And Driving – Key Facts For Accident Victims

Advertisement / Sponsored Content

This content is paid advertising and has been prepared in collaboration with the advertiser.

This post remains active as a legacy issue and is being phased out from January 2026.

Tasmanian Times no longer accepts requests for paid content or advertorials.

With the invention of cell phones, texting has become almost second-nature for many people. Texting is an easy and essential way to communicate, but it should only be done when it is safe to do so. Texting while driving has the potential to lead to accidents, which can result in severe injuries. Victims of accidents caused by texting and driving will want to make sure they understand the laws and how they apply in their case. 

Why is Texting While Driving Dangerous? 

Texting or using a phone while driving takes the driver’s attention off what they are doing. Though it might seem harmless to glance at a phone to read or write a text, it takes longer than most people realise, and a lot can happen in a split second while driving. A driver may miss a car pulling out in front of them, something or someone moving into the road, a car stopping suddenly ahead, or not realise that they’re veering out of their lane. If an accident does occur as a result, it may become necessary to show liability when texting and driving, so the victims of the accident can get compensation for their injuries. 

Negligence Per Se When Driving

Many states have laws about texting and driving, though the exact laws will vary by state. It is important for victims to understand the laws in their state, as that can make a difference in whether the driver can be found negligent and held liable for the accident. In some states, texting while driving is automatically considered negligence, or negligence per se, so even if the other driver could be partially at fault, the driver who was texting is held liable for the accident. In other states, it may be necessary to prove that texting while driving was the cause of the accident. 

How to Prove Texting While Driving

If an accident occurs because of texting and driving, it may be necessary to prove that the driver was texting and not paying attention to the road around them. There are various ways to prove this in court, including the following. 

• Records from the Phone Company – A lawyer may be able to request records from the phone company to show the exact time texts were sent and received. This helps to show that they occurred just before the accident. 

• Statements from Witnesses – Witnesses may have seen the driver texting before the accident occurred and may be willing to provide a statement to that effect. 

• Police Report from the Accident – The police report may include information about whether the driver was texting while driving and, as a result, caused the accident. 

• Dash Cam Footage from the Accident – If there is a dash cam, footage saved from the accident may show that the driver was texting and not paying attention when they caused the accident. 

• Driver’s Own Admission – The driver could admit to texting and driving at the scene, which can be used against them in court. 

If you’ve been the victim of an accident caused by texting and driving, you may be owed compensation for your injuries. However, laws can vary by state, and it can be challenging to prove that the person was texting or using their phone while driving. It is a good idea to schedule a consultation with a lawyer today to learn more about how they can help in your case. 

Advertisement / Sponsored Content — This content is a paid advertorial published in consideration of payment or other commercial benefit. The views, claims, statements, offers and representations are those of the advertiser and do not necessarily reflect the views of the publisher, which does not endorse or verify them. This material is provided for general promotional information only and does not constitute legal, financial, medical, investment or other professional advice; readers should make their own enquiries and seek professional advice before acting. Claims, testimonials and performance statements have not been independently verified unless stated. Offers and availability are subject to change and additional terms. This advertorial may contain links to third-party websites and the publisher may receive commissions or other benefits from reader engagement; the publisher is not responsible for third-party content or fulfilment. To the maximum extent permitted by Australian law, the publisher disclaims liability for reliance on this content, and nothing limits rights that cannot be excluded under the Australian Consumer Law. Where applicable, this advertorial is authorised by the advertiser and does not constitute independent editorial content.