Skip to content If a distracted driver hurt you in Gilbert, Arizona law is on your side in a way many people don’t realize: holding a phone behind the wheel is illegal statewide, and that violation can become powerful evidence in your injury claim. As your Gilbert accident lawyer team, Harris Injury Law helps injured people hold distracted drivers accountable across Gilbert and the East Valley. Below is how these claims actually work and how the other driver’s phone use gets proven.
Yes. Arizona’s “Hands-Off” Law, A.R.S. § 28-914, took effect January 1, 2021 and applies statewide. It prohibits a driver from holding or supporting a wireless device with any part of the body and from writing, sending, or reading text-based communication while driving. Key points:
This is where distracted-driving cases are won or lost. Drivers rarely admit they were on their phone, so the proof is built from records and evidence, including:
Because that evidence disappears quickly, the sooner a claim is investigated, the stronger it tends to be.
It can help significantly. A driver who violated A.R.S. § 28-914 was breaking a safety law meant to protect other people on the road, conduct that directly contradicts the duty of care every driver owes. When a driver is cited for handheld phone use, that violation is strong evidence of negligence in your civil claim, separate from any traffic penalty the driver pays.
Distraction takes a driver’s eyes, hands, or attention off the task of driving. The most common forms we see in Gilbert crashes include texting, calling, and using apps; entering directions into GPS; eating or drinking; reaching for objects; and turning to talk with passengers. Any one of them can cause a serious collision in the few seconds a driver looks away.
According to the Arizona Department of Transportation’s 2024 Crash Facts report, Arizona recorded 121,107 total crashes and 1,228 traffic fatalities. ADOT identified at least 8,289 drivers involved in 2024 crashes who were engaged in some form of distracted driving, a figure the agency notes is likely an undercount, because drivers rarely admit distraction. Gilbert sits in Maricopa County, where roughly half of Arizona’s traffic deaths occur, so distracted driving remains a serious local safety problem.
You can still recover. Arizona is a pure comparative negligence state under A.R.S. § 12-2505, which means your compensation is reduced by your percentage of fault but is never cut off entirely even if a driver found mostly at fault can recover something. You generally have two years from the date of the crash to file a claim under A.R.S. § 12-542.
Attorney Jason A. Harris has practiced personal injury and workers’ compensation law in Arizona since 2006 and represents injured people throughout Gilbert and Maricopa County. He understands how to build a distracted-driving case from the police report and cell phone records to the medical documentation that ties your injuries to the crash.
Yes. Under Arizona’s Hands-Off Law, A.R.S. § 28-914, drivers may not hold or support a wireless device or write, send, or read texts while driving. It is a primary offense, with fines of $75 to $149 for a first violation and $150 to $250 after that, and it applies statewide.
Through evidence: subpoenaed cell phone records matched to the time of the crash, app or vehicle telematics and infotainment/event-data-recorder downloads, the police report and any citation, independent witnesses, and camera footage. Because much of this is overwritten quickly, early investigation matters.
It can. A violation of A.R.S. § 28-914 shows the driver broke a safety law and breached the duty of care owed to others, which is strong evidence of negligence in your civil claim separate from any fine the driver pays.
You can still recover. Arizona uses pure comparative negligence (A.R.S. § 12-2505), so your award is reduced by your share of fault but never eliminated. Even a driver found mostly at fault can recover a portion of their damages.
Generally two years from the date of the crash under A.R.S. § 12-542. It is best to act well before that, because the phone records and footage that prove distraction do not stay available for long.
A claim against the at-fault driver’s insurer is based on their fault, not yours. How any individual carrier handles a not-at-fault claim varies, but the fact that you were not the at-fault driver is central to how the loss should be treated.
If a distracted driver injured you in Gilbert, the phone records and footage that prove it are already on the clock. Call or text (480) 800-4878 for a free consultation. Harris Injury Law, PLLC 1136 E Campbell Ave, Phoenix, AZ 85014. Serving Gilbert and the East Valley. Related: Gilbert uninsured motorist claims, Chandler distracted driving, and how long an accident stays on your record.
This page provides general information about Arizona law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and depends on its own facts; no outcome can be promised or predicted. Consult a licensed Arizona attorney about your situation.
Reviewed by Jason A. Harris, Harris Injury Law, PLLC.
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"After my Gilbert car accident, I was overwhelmed with medical expenses and insurance information from the other driver. Harris Injury Law took over my case, gathered the official report and eyewitness statements, and negotiated a fair settlement. I couldn’t be more grateful."
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Located at 1136 E Campbell Ave, Phoenix, AZ 85014. Harris Injury Law, PLLC specializes in auto and truck accidents and workers’ compensation. Speak directly with your lawyer from the beginning. Same-day and emergency consultations are available. You never pay out of pocket. Call us at any time – 24/7.
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