Did you know that in Arizona it's illegal to use a mobile device while driving unless it's in hands-free mode
Distracted driving has been identified as one of the leading causes of traffic accidents in Arizona. Understanding current laws on mobile device use while driving is essential, as non-compliance can significantly affect your liability and compensation in the event of an accident.
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Evolution of Cell Phone Laws in Arizona
Prior to 2021, Arizona lacked a uniform statewide prohibition on mobile device use while driving. Various cities had their own ordinances, creating an inconsistent patchwork of regulations that confused drivers and hindered effective enforcement. According to the Arizona Department of Public Safety, the statewide ban replaced 26 different local ordinances that previously existed.
The implementation of the “Hands-Free” Law in 2021 radically changed the legal landscape for Arizona drivers. As of January 1, 2021, all drivers were prohibited from holding or manually using a mobile device while driving, establishing a clear and consistent standard throughout the state.
Details of Arizona's "Hands-Free" Law
The legislation categorically prohibits holding or manipulating mobile devices for any purpose while behind the wheel. This includes talking on the phone, texting, browsing the internet, adjusting GPS, or any other function requiring manual contact with the device. According to Arizona Revised Statute § 28-914, drivers cannot physically hold or support a device with any part of their body or write, send, or read any text-based communication.
The law contemplates specific exceptions for emergency situations and hands-free technologies. The use of devices with Bluetooth systems, voice commands, or mounted in the vehicle that do not require manual holding is permitted, as well as the use of the phone to contact emergency services when necessary. The law specifically allows using a portable wireless communication device for navigation of the motor vehicle and obtaining motor vehicle information.
Penalties for Violating Arizona's Cell Phone Law
First violations carry fines ranging from $75 to $149, classified as civil traffic infractions. This initial level of sanction aims to educate drivers about the seriousness of the problem without imposing excessively severe punishments for first-time offenders.
Second and subsequent violations increase fines to a range of $150 to $250, with possible criminal charges in serious cases. The escalation of penalties reflects the state’s zero-tolerance policy toward repeat behaviors that endanger public safety. According to the Maricopa County Attorney’s Office, those who violate this law could also face a criminal penalty of up to 6 months in jail and a $2,500 fine for causing a crash that results in serious injury or death.
Violation | Fine Range | Classification |
First Offense | $75-$149 | Civil Traffic Violation |
Second and Subsequent Offenses | $150-$250 | Civil/Potential Criminal |
Were You or Someone You Know Affected
Impact of Cell Phone Use in Accident Cases
The use of a mobile device can be legally established as evidence of negligence, significantly increasing your liability in an accident. Arizona courts consider non-compliance with the hands-free law to constitute a violation of the duty of care that every driver owes to other road users.
Under Arizona’s comparative negligence system, your compensation may be reduced proportionally to your degree of fault for using the phone. If it is determined that you were illegally using your phone and contributed 30% to causing the accident, your potential compensation will be reduced by that same percentage.
Collecting Evidence in Distracted Driving Cases
Phone records can provide irrefutable evidence of device activity at the exact time of the accident. These records, which can be obtained through legal subpoena, precisely show when calls were made, messages were sent, or applications were used, correlating this activity with the moment of impact.
Witness testimonies and traffic camera recordings constitute crucial evidence to establish distracted behavior. Observations from people who witnessed the accident, along with recordings from nearby security or traffic cameras, can visually document phone use and significantly strengthen a case.
How Attorneys Prove Cell Phone Use in Accidents
Filing a subpoena with the court can compel disclosure of the defendant’s cell phone records. These may reveal whether the driver was using their phone at or around the time of the accident, even when they deny such use.
Expert testimony from accident reconstructionists may demonstrate distracted driver behavior at the accident scene. These professionals can analyze accident patterns that typically indicate distraction was a factor in the collision.
Tips for Drivers in the Era of the “Hands-Free” Law
Invest in Bluetooth technology or integrated systems in your vehicle to comply with the law while maintaining communication. These devices allow you to make and receive calls without needing to touch the phone, keeping both hands on the wheel and attention on the road.
Configure your GPS, select your music, and make any necessary calls before putting your vehicle in motion. Advance planning eliminates the need to manipulate devices while driving, significantly reducing the risk of accidents and legal infractions.
Consider using “Do Not Disturb While Driving” mode on your smartphone. If you have an iPhone, you can learn how to enable this feature here.
How Cell Phone Use Affects Your Auto Insurance
Violations for cell phone use can result in substantial increases in your insurance premiums. Insurance companies consider these violations as indicators of high-risk behavior, which justifies rate increases that can persist for several years.
Some policies contain clauses that limit coverage for accidents caused by illegal activities such as prohibited phone use. These policy exclusions can leave you vulnerable to significant financial liabilities if your insurer determines that your illegal phone use was a causal factor in the accident.
The Real Cost of Distracted Driving in Arizona
According to the Arizona Department of Transportation, over 8,988 auto accidents involved driver distraction in 2022 alone. These crashes resulted in 57 fatalities, though experts believe this number is likely significantly higher, as drivers often don’t admit to distraction to avoid criminal or civil liability.
Cell phone distractions are implicated in as many as 6% of all crashes, incurring a greater societal cost than alcohol use, speeding, and failure to wear seatbelts. Since the implementation of hands-free laws nationally, handheld use of cell phones while driving has halved, but cell phone distractions remain a costly problem on Arizona roads.
According to national statistics shared by the Maricopa County Attorney’s Office:
25% of all car crashes involve some form of distraction
Nearly 75% of drivers use their phones while driving
Sending or reading a text takes your eyes off the road for 5 seconds, equivalent to driving the length of a football field with your eyes closed at 55 mph
States with hands-free laws experience 16% fewer fatalities in traffic accidents
What to Do If the Other Driver Was Using a Phone
Document your observations immediately after the accident, noting specific details about the other driver’s phone use. Record if you saw the driver with a phone in hand, looking down instead of at the road, or any other behavior suggesting distraction.
Explicitly request responding officers to investigate possible cell phone use by the other driver. Officers can include this information in their report and possibly verify phone activity at the scene, establishing crucial official evidence for your case.
How to Strengthen Your Case If You Weren’t Using a Phone
Preserve your own phone records to demonstrate you weren’t using your device at the time of the accident. Proactively providing this evidence can significantly strengthen your position in settlement negotiations and counter any unfounded allegations of phone use.
Seek to obtain traffic camera footage that may have captured the other driver’s actions before and during the collision. This objective evidence can provide compelling proof of distracted driving and clearly establish liability for the accident.
Steps to Take Following an Accident Involving Distracted Driving
After ensuring safety at the scene, obtain names and contact information for any witnesses to the accident. These witnesses may have observed the other driver using their phone and can provide valuable testimony to support your claim.
Call the police to generate an official report and note if you saw the other driver using a cell phone. This documentation is crucial for establishing the facts of the case and can significantly strengthen your position when seeking compensation.
(FAQ) Frequently Asked Questions
Can I use my phone at a red light in Arizona?
No, the law prohibits manual use of the phone even when the vehicle is temporarily stopped at a traffic light. The prohibition applies whenever you are in active control of the vehicle on a public road.
What happens if I use my phone during a genuine emergency?
The law specifically allows phone use to contact emergency services such as 911. This exception recognizes that in true emergency situations, immediate communication may be necessary for public safety.
How does phone use affect my insurance claim after an accident?
If it’s determined you were illegally using your phone, your compensation may be significantly reduced under Arizona’s comparative negligence principles. Additionally, your insurer might increase your premiums or even deny coverage based on policy violations.
Can I use GPS navigation functions while driving?
Yes, you can use GPS while driving, but your device must be mounted or secured in a way that allows for hands-free operation. Programming your destination should be done before beginning your journey or via voice commands while driving.
How long do I have to file a lawsuit for an accident involving cell phone use?
Arizona’s statute of limitations for personal injury claims, including auto accidents, is generally two years from the date of the accident. Consulting with an attorney promptly is essential to ensure you don’t miss critical deadlines.
Where can I find the official text of Arizona's cell phone law?
The official text of Arizona’s cell phone law can be found in Arizona Revised Statutes § 28-914.
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