Distracted Driving Crashes in Utah: Phones, Texting and Your Claim

Short answer: If a driver hit you while texting, reading a screen or otherwise looking away from the road, that distraction can be powerful evidence of fault. But Utah’s phone law is narrower than many people think, and proving what the other driver was doing usually takes more than your own impression from the scene.

Most people who get hit by a distracted driver never see the phone. They see a car that did not slow down, drifted over a line, or pulled out without looking. Here is what Utah law actually prohibits, how phone use gets proven, and how it fits into an injury claim.

What Utah’s Phone Law Prohibits

Utah does not ban every use of a phone behind the wheel. The statute makes it illegal to use a wireless device while operating a moving vehicle on a highway to manually write or send a text, instant message or email, dial a phone number, access the internet, record video, take a photo, or enter data, and to read written messages or view a video or photo (Utah Code 41-6a-1716(2)).

The same section lists exceptions. A driver may use the device for voice calls, view a GPS or navigation app, use hands-free or voice-operated technology or a system built into the vehicle, and use it during a medical emergency or to report a safety hazard or criminal activity (41-6a-1716(3)).

So a driver who was talking on a handheld phone may not have broken this statute at all. A driver who was typing a message, scrolling social media or watching a video in a moving car likely did.

The penalty is usually a class C misdemeanor, but it becomes a class B misdemeanor if the driver caused serious bodily injury to someone while violating the law, or has a prior conviction within three years (41-6a-1716(4)).

Distraction Beyond the Phone

Phones get the attention, but they are not the only distraction. Utah’s careless driving law covers a driver who commits a moving violation, other than a speeding violation, while distracted by activities inside the vehicle that have nothing to do with driving, such as searching for an item or grooming (Utah Code 41-6a-1715(1)(b)). It also covers two or more moving violations within a stretch of three miles or less.

For your injury claim, the citation matters less than the conduct. Even when a phone call was legal, a driver still has to watch the road and react to what is in front of them. The question in a civil case is whether the driver acted with reasonable care, and a driver who was looking at a screen when traffic stopped has a hard time saying yes.

Why a Citation Is Not the Whole Case

Officers do not always know about the phone. A driver who was texting may not volunteer it, and the officer may cite the more obvious violation, like failing to yield or following too closely, or may not cite anyone. That does not end the question.

The reverse is also true. A citation for texting helps, but the insurer can still argue about how the crash happened or how badly you were hurt. The injury claim is decided on the full evidence, not just the ticket. Our guide to getting a Utah police crash report explains how to see what the officer wrote down.

How Phone Use Gets Proven

Distraction is usually shown with a combination of sources rather than one piece of proof.

• The driver’s own words. Drivers sometimes admit at the scene that they looked down for a second or were checking directions. Write down what you heard as soon as you can.
• Witnesses. Another driver or a pedestrian may have seen the person looking down or holding a phone. Get names and numbers before people leave.
• The police report. The officer may note an admission, a phone on the seat or floor, or a witness statement.
• Phone records. Carrier records can show when calls and texts were sent or received. They generally show timing, not content. Getting them usually requires a subpoena or discovery request once a lawsuit is filed, and courts often limit the request to a short window around the crash.
• Video. Dash cameras, business cameras and cameras inside commercial vehicles can show where a driver’s eyes were. Much of this footage is recorded over within days or weeks.
• Vehicle data. Many vehicles store speed and braking data from the seconds before a crash. No braking before impact can support the conclusion that the driver was not watching.

The timing matters. A text sent at the same minute the crash was reported is far more useful than a general claim that the driver “is always on the phone.” For more on what to collect in the first days, see what evidence helps a car accident case in Utah.

Your Own Phone Can Come Up Too

Expect the question to be asked of you. If you were stopped at a light when you were hit, your phone use likely does not matter. If you were moving through an intersection, the other side may ask for your records to argue that you share the blame.

That matters because Utah uses comparative fault. You can recover from a defendant only if their fault, combined with the fault of other people who are assigned blame, is greater than yours, and your recovery is reduced by your own percentage (Utah Code 78B-5-818; 78B-5-820). We explain how that split works in can I still recover if I was partly at fault in Utah. Answer honestly and do not delete anything from your phone after a crash.

Can You Get Punitive Damages for Texting?

Sometimes people ask whether texting while driving means the driver will pay extra as punishment. Utah sets a high bar. Outside of drunk or drugged driving, punitive damages require clear and convincing evidence that the conduct was willful and malicious, intentionally fraudulent, or showed a knowing and reckless indifference toward the rights of others (Utah Code 78B-8-201(1)). Compensatory damages must also be awarded first.

Whether a particular driver’s phone use reaches that level depends on the facts, and many distracted-driving cases are about ordinary negligence. The same statute also sends half of any punitive award above $50,000 to the state (78B-8-201(3)). For most injured people, the focus stays on the compensatory claim: medical bills, lost income and the harm the injury has caused.

What to Do if You Think the Driver Was on a Phone

1. Tell the responding officer what you saw, and name any witness who saw it too.
2. Write down what the driver said at the scene, word for word if you can.
3. Note nearby businesses or homes that may have cameras, and ask quickly.
4. Keep your own phone’s records intact.
5. Get medical care and keep going to follow-up appointments.
6. Be careful about what you say to the other driver’s insurer. See whether to give a recorded statement.

Most Utah injury claims must be filed within four years (Utah Code 78B-2-307(4)). A claim against a government entity, such as a city or state driver, requires a written notice of claim within one year (Utah Code 63G-7-402).

Talk to a Utah Car Accident Attorney

When the other driver was distracted, the evidence that proves it is often in someone else’s hands, and some of it does not last long. A free case review can help you figure out what to ask for and when.

Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.