Car Accident Attorney

Randy W. Ferguson

Cell Phone Injury Attorneys

We can help you in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.


Cell phone accidents are on the rise in Alabama. Over 25 percent of all auto accidents in Alabama are caused by cell phone usage. Although texting is banned for all drivers in 47 states and the District of Columbia, using a cell phone is not. Texting on a mobile device is a dangerous practice and it is also illegal, yet many drivers continue to do it. Talking on a cell phone puts you at a higher risk for a car, motorcycle or pedestrian accident. Whether you were a driver, passenger, cyclist, or pedestrian, you could be entitled to financial compensation if distracted driving caused the accident. If you have been injured in an accident caused by a distracted driver, you may have a claim to recover compensation. Contact our firm today to schedule a free, no obligation confidential consultation and case evaluation. You pay nothing until we successfully resolve your legal claims and secure compensation for your injuries. At Ferguson & Ferguson, we have served Huntsville and the surrounding Alabama counties for more than twenty-five years. Call 256-534-3435 now for help with your case.

Causes of Cell Phone Accidents

Distracted driving accidents can be caused by the following:

  • Searching in the car or in a purse for a phone
  • Reading on your phone
  • Looking down at the cell phone and dialing
  • Having one hand on the steering wheel and another on the mobile device
  • Looking back and forth between the road and the phone
  • Distraction may include a phone conversation
  • Driver may become more aware of the conversation than traffic
  • Surfing the internet
  • Emailing friends and co-workers
  • Video chatting
  • Taking pictures, selfies and videos
  • Reading magazines and books on phone
  • Watching streaming videos and movies
  • Motorcycle riders, bicycle riders and pedestrians looking at phones

Injuries From Cell Phone Accidents in Alabama

Injuries caused by talking on a cell phone may include:

  • Sprains, strains, broken and fractured bones
  • Head impact such as a concussion and brain injuries
  • Whiplash and neck injuries
  • Back or spinal cord injuries
  • Broken bones and fractures
  • Amputations
  • Internal bleeding and external bleeding
  • Bruising, scrapes, scratches, lacerations
  • Burns ranging from mild to serious third degree burns
  • Death

Is obtaining consent necessary to obtain cell phone records in an accident involving cell phones in Alabama?

In Alabama, obtaining consent is not a requisite for acquiring cell phone records in the event of an accident involving cell phones. While it is possible for an individual to directly obtain these records from the phone company with the consent of the phone’s owner, consent is not mandatory. If the owner does not give their permission, the records can still be accessed through a subpoena.

What happens if both parties involved in an accident were using cell phones in Alabama?
Although texting is banned for all drivers in 47 states and the District of Columbia, using a cell phone is not. Talking on a cell phone puts you at a higher risk for a car, motorcycle, or pedestrian accident. Whether you were a driver, passenger, cyclist, or pedestrian, you could be entitled to financial compensation if distracted driving caused the accident. If you have been injured in an accident caused by a distracted driver, you may have a claim to recover compensation.

In Alabama, the situation becomes particularly complex if both parties involved in the accident were using their cell phones. In such cases, a judge or jury is tasked with determining who was at fault. It is not uncommon for the decision to conclude that both parties were equally distracted, which might result in neither party receiving compensation. The decision could also rely heavily on other types of evidence like witness statements, photographs, and accident scene analyses to ascertain how the accident occurred. Understanding these nuances is crucial for anyone involved in such incidents within Tennessee, as it directly impacts the potential for recovering damages.

Free Consultations

If you have been injured because of a distracted driver using a cell phone, call us now to talk about your case. There is no fee to you unless we are able to obtain financial compensation for your injuries. This means that you will not have to pay any money or fees up-front to us, nor will you owe us any fees at all unless we win your case. We have offices in Decatur and Huntsville, Alabama. Please contact us for a free, no-obligation consultation. Call us today at 256-534-3435 to speak to one of our experienced Alabama personal injury lawyers.