Utah Distracted Driving Accident Claims: Phones, Texting, and Proving Fault
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's distracted driving statute, Utah Code § 41-6a-1716, prohibits a driver from manually using a wireless communication device while operating a moving vehicle on a highway to write or send a written communication (text, instant message, email), dial a phone number, access the internet, record video, take a photograph, or enter data, and also bars reading a written communication or viewing a video or photograph. It's a class C misdemeanor (maximum fine of $100) for a first offense. If the driver inflicted serious bodily injury or has a prior conviction within three years, it's a class B misdemeanor. In a civil injury claim, evidence that a driver was on their phone can be powerful proof of fault.
Who this guide is for
People hurt in a crash with a driver who may have been texting, scrolling, or otherwise distracted — and who want to know what the law prohibits and how to prove it.
What's prohibited
A "wireless communication device" includes a cell phone, portable phone, text messaging device, PDA, tablet/laptop/notebook computer, GPS receiver, a device for displaying video or images, and similar devices. While operating a moving motor vehicle on a highway, a person may not manually:
- write or send a text, instant message, or email;
- dial a phone number;
- access the internet;
- record video or take a photo;
- enter data into the device;
- read a text, instant message, or email; or
- view a video or photograph.
What's allowed
The statute doesn't prohibit: voice communication; viewing GPS or navigation; use during a medical emergency; reporting a safety hazard or criminal activity or requesting assistance; use by law enforcement or emergency personnel in the course of their work; and operating hands-free or voice-operated technology or a system integrated into the vehicle. Hands-free use is lawful, though a driver can still be negligent if distraction contributes to a crash.
Penalties
A first violation is a class C misdemeanor with a maximum fine of $100. It's a class B misdemeanor if the driver also inflicted serious bodily injury as a proximate result of the violation, or has a prior conviction under the section within three years.
Proving distraction in an injury claim
Distraction is often hard to see after the fact, so claims usually build circumstantial and documentary evidence:
- The crash report and any citation. See How to Request a Utah Traffic Accident Report.
- Witnesses who saw the driver looking down or holding a phone.
- Phone records — call, text, and data usage around the time of the crash — which typically require a preservation letter and a subpoena in a lawsuit.
- Vehicle data and infotainment records, where available.
- Video from other cars, businesses, or doorbell cameras.
- Driver admissions to officers or insurers.
Send a preservation letter early; phone carriers and vehicle systems don't keep everything forever.
How fault is decided
A civil claim isn't decided by the criminal case. A jury allocates percentages of fault among the drivers, and you may recover only if your share isn't 50% or more, with each defendant paying its own percentage. A driver who texted can be assigned most of the fault, but the defense may argue you also contributed (speed, lane position, braking). See Utah's Comparative Fault Rule and Utah's Several-Liability Rule.
Employers and commercial drivers
If the distracted driver was working — delivering, driving for a company, or on a work errand — the employer may also be responsible. See Hit by a Delivery or Work Vehicle in Utah and Utah Commercial Truck Accident Claims.
Frequently asked questions
Is it legal to talk on the phone while driving in Utah?
The statute doesn't prohibit voice communication, and it allows hands-free or integrated voice-operated technology. It prohibits manual texting, dialing, browsing, recording, and similar acts.
Is it legal to use GPS?
Viewing GPS or navigation is allowed; manually entering data is restricted.
What's the penalty?
A class C misdemeanor with a maximum $100 fine, or a class B misdemeanor if serious bodily injury results or there's a prior conviction within three years.
Can I use the other driver's phone records in my claim?
Often yes, through a preservation request and subpoena once a lawsuit is filed. An attorney can help with the process.
Does a ticket prove the other driver was at fault?
A citation is helpful evidence but doesn't decide a civil case on its own.