#HandsFreeDrivingAlaska - Johnson Law, P.C.

Distracted Driving Injury Claims

Johnson Law, P.C. — Fri, 18 Sep 2026 17:38:30 GMT

Distracted Driving Injury Claims – Learn how distracted driving can affect Alaska personal injury claims, including evidence, fault, damages, and what injured drivers need to know.

Can Distracted Driving Affect Alaska Personal Injury Claims?

Yes. Distracted driving can affect an Alaska personal injury claim when a driver’s distraction contributed to causing a crash and the resulting injuries. Evidence of cellphone use, texting, screen use, or another distraction may help establish what the driver was doing before the collision and whether that conduct contributed to the crash.

But proving that a driver was distracted is not necessarily the same as proving legal responsibility. A personal injury claim generally requires evidence connecting the driver’s conduct to the collision and the injuries that followed.

What Is Distracted Driving?

Distracted driving occurs when something takes a driver’s attention away from the task of driving.

The Alaska Department of Transportation and Public Facilities (Alaska DOT&PF) describes distracted driving as taking your eyes off the road, hands off the wheel, or mind off driving. Examples include texting or using a handheld device, eating or drinking, interacting with passengers, or adjusting the stereo or navigation system.

Cellphone use is only one form of distracted driving.

A driver can become distracted by many activities. The important issue after a crash is whether the driver’s conduct affected the driver’s ability to operate the vehicle safely.

Can Cellphone Use Be Evidence in an Alaska Car Accident Claim?

Yes. Cellphone use can be relevant evidence in an Alaska personal injury claim.

For example, evidence may help establish that a driver was:

Texting or reading a message.
Making or receiving a phone call.
Using a navigation application.
Manipulating a cellphone or other electronic device.
Looking at a screen.
Engaged in another activity that diverted attention from driving.

Alaska’s highway-safety guidance specifically identifies texting and handheld-device use as forms of distracted driving. Alaska’s current highway-safety program also continues to identify distracted driving as a safety priority.

The State of Alaska’s law against distracted driving, AS 28.35.161, bans reading, typing text messages, emailing, using handheld computers, or operating video/screen devices in view of the driver while a vehicle is in motion.

However, the fact that a driver used a cellphone does not by itself establish that the driver caused a particular crash. The evidence must be evaluated in the context of the collision.

Does Texting While Driving Matter in an Alaska Injury Claim?

It can.

Alaska prohibits texting while driving. The Alaska’s Department of Transportation Office describes Alaska as banning texting while driving and identifies distracted driving as a significant highway-safety concern.

If a driver was texting immediately before a collision, that information may be relevant to determining how the crash occurred.

The important questions may include:

Was the driver using the phone? When was the phone being used? What was the driver doing? Where was the vehicle? And did the distraction contribute to the collision?

Those questions can be more important to a personal injury claim than simply proving that a cellphone was present in the vehicle.

What Evidence Can Prove Distracted Driving In An Alaska Injury Claim?

Evidence in a distracted-driving investigation can come from several sources.

Depending on the circumstances, an investigation may examine:

Cellphone Records

Phone records may help establish whether a call or other communication occurred around the time of a collision.

Witness Statements

Passengers, other drivers, pedestrians, or other witnesses may have seen the driver using a cellphone or otherwise distracted before the crash.

Police Reports

A responding officer may document statements, observations, citations, admissions, or other information concerning possible distracted driving.

Video Evidence

Traffic cameras, business surveillance systems, dash cameras, and other video may capture a driver’s actions immediately before a collision.

Vehicle Data

Some vehicles contain electronic systems that may provide information relevant to the vehicle’s operation before a crash.

Physical Evidence

The location and condition of a vehicle, skid marks, crash damage, roadway evidence, and other physical evidence may help investigators reconstruct what happened.

No single type of evidence is necessarily decisive. The circumstances of each crash determine what evidence may be available and how it should be evaluated.

What If the Driver Was Using a Hands-Free Phone?

Hands-free does not necessarily mean distraction-free.

A hands-free phone conversation may be different from texting or physically manipulating a cellphone, both from a legal and factual standpoint. But a conversation can still divert a driver’s attention from the roadway.

Alaska DOT&PF advises drivers to focus on the road and states that phones and screens can pull a driver’s focus away from driving. Its driver-safety guidance recommends pulling off the road if a driver needs to operate a screened device.

For a personal injury claim, the relevant question is not simply whether the driver was holding a phone.

It may be whether the driver’s conduct contributed to causing the crash.

Does a Distracted Driving Violation Automatically Mean the Driver Is Liable?

No.

A cellphone or distracted-driving violation can be important evidence, but a personal injury claim involves more than establishing that a driver violated a traffic law.

The claim generally requires evidence concerning the driver’s conduct, the circumstances of the collision, causation, and the injuries and damages that resulted.

Alaska law also provides for apportionment of fault when more than one person may be responsible. Under AS 09.17.080, the fact-finder considers both the nature of each person’s conduct and the extent of the causal relationship between that conduct and the damages claimed.

That means the investigation should look at the whole crash, not just one fact.

What If the Injured Driver Was Partly at Fault?

Another driver’s distraction does not necessarily end the analysis if the injured person also contributed to the collision.

Alaska follows a comparative-fault system in which fault can be allocated among responsible parties. Alaska’s Supreme Court recently addressed the application of comparative fault in Kisling v. Grosz, 565 P.3d 226,. 227 (Alaska 2025) explaining that fault is allocated before applying the applicable statutory limit on noneconomic damages.

For that reason, an injured person should not assume that a potential claim disappears simply because there are questions about fault.

The specific facts matter.

What Damages Can Be Part of an Alaska Personal Injury Claim?

Depending on the circumstances, an injury claim may involve losses such as:

Medical expenses
Future medical care
Lost wages or income
Reduced earning capacity
Pain and suffering
Physical impairment
Disfigurement
Loss of enjoyment of life
Other legally recoverable losses

Alaska law places statutory limits on certain noneconomic damages in personal injury and wrongful-death cases, with different provisions depending on the circumstances of the injury.

Because the calculation of damages can be complicated, an injured person should evaluate the potential claim based on the specific facts and applicable law.

How Long Do You Have to File Distracted Driving Injury Claims In Alaska?

In general, Alaska law provides a two-year statute of limitations for personal injury and death claims, unless another law provides otherwise.

That deadline makes it important to address a potential claim promptly.

Waiting can also make evidence harder to preserve. Witnesses may become difficult to locate, video recordings may be overwritten, and electronic evidence may become more difficult to obtain.

If distracted driving may have contributed to a serious collision, preserving evidence early can be especially important.

What Should You Do After a Crash With a Distracted Driver?

If you believe another driver was distracted when your Alaska accident occurred:

Seek medical attention for your injuries.
Report the crash when required.
Photograph the vehicles, roadway, and surrounding area if you can do so safely.
Identify potential witnesses.
Preserve photographs, videos, messages, and other information related to the crash.
Do not assume that the police report contains every piece of evidence that may matter.
Consider obtaining legal advice before making statements or resolving a serious injury claim.

Evidence can disappear quickly. A prompt investigation may help preserve information that could otherwise be lost.

Injured by a Distracted Driver in Alaska?

If you or a family member was injured in an Alaska car accident and you believe the other driver was distracted, the circumstances of the crash deserve careful examination.

Cellphone records, witness accounts, video, vehicle data, police reports, and other evidence may help determine what happened and whether distracted driving contributed to the collision.

Johnson Law, P.C. represents people injured in motor vehicle accidents throughout Alaska. We investigate serious crashes and help injured Alaskans understand their legal rights and options. If you are injured in a crash caused by a distracted driver, it is important that you hold that person responsible for their negligence. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Understanding Hands-Free and Distracted Driving in Alaska

Hands-free cellphone use while driving in Alaska raises two important questions for Alaska drivers: Is it safe, and is it legal? The answers are not necessarily the same. Our distracted driving series examines both sides of the issue, beginning with why hands-free technology does not eliminate the risks of driver distraction. We then explain Alaska’s cellphone and distracted-driving laws and what drivers should know about prohibited cellphone use. Finally, we examine how distracted driving can affect an Alaska personal injury claim when a driver’s actions contribute to a crash. Together, these articles provide a practical guide to hands-free cellphone use, distracted driving, Alaska law, and the potential consequences of a distracted-driving collision.

Disclaimer: This article series provides general educational information about driving safety in Alaska. However, it is not legal advice and does not create an attorney-client relationship. Because every case is unique, consult a qualified Alaska personal injury attorney about your specific circumstances.

Image generated and modified using ChatGPT – Prompt: Put The Phone Away – Distracted Driving Threatens Lives

Alaska Cellphone Laws

Johnson Law, P.C. — Wed, 16 Sep 2026 17:41:17 GMT

Alaska Cellphone Laws: Learn what Alaska law says about hands-free phone use while driving, what cellphone activities are prohibited, and how distracted driving can affect accident claims.

Can You Use a Cellphone While Driving in Alaska?

Yes, Alaska law generally permits a driver to use a portable cellphone for voice communication while driving. But that does not mean every use of a cellphone behind the wheel is legal—or that hands-free phone use is safe.

Alaska law prohibits certain uses of electronic devices while operating a motor vehicle, including watching videos and reading or typing text messages or other nonvoice communications. The law provides an exception for portable cellular telephones used for voice communication or to display caller identification information.

That distinction is important.

A driver may be able to make a hands-free phone call legally, but legal does not necessarily mean safe.

Is It Legal to Talk on a Cellphone While Driving in Alaska?

Generally, yes. Alaska cellphone laws specifically provides an exception for portable cellular telephones being used for voice communication.

That means a driver may generally use a cellphone for a voice conversation while driving without violating the specific prohibition on reading or typing text messages and other nonvoice communications.

However, the law does not give drivers permission to use their phones however they want while driving.

Talking on a phone is different from texting, reading messages, manipulating apps, or using a screen in a prohibited manner.

What Cellphone Use Is Prohibited While Driving in Alaska?

Alaska Cellphone Laws prohibit a person from driving while using an electronic device to:

Read a text message.
Type a text message.
Read or type another nonvoice message or communication.
Engage in conduct involving a prohibited operating screen.

Alaska law also addresses driving with a screen operating. Violations can carry significant consequences, particularly when prohibited electronic-device use contributes to physical injury.

The exact legal analysis can depend on what the driver was doing, what device was being used, and the circumstances involved.

Does Hands-Free Mean You Can Safely Use Your Phone While Driving?

No.

Hands-free technology can keep your hands on the steering wheel, but it does not eliminate cognitive distraction.

A phone conversation can take a driver’s attention away from the roadway even when the driver is not physically holding the phone. Alaska’s Department of Transportation and Public Facilities describes distracted driving as including situations where a driver’s eyes are off the road, hands are off the wheel, or mind is off driving.

That is why a hands-free call can be legal under Alaska cellphone laws but it is still distracting.

At Johnson Law, we take that distinction seriously. As a personal injury attorney, I won’t talk to someone who calls me while driving—even if the caller is using a hands-free system.

If you are driving, the safest choice is to let the call wait.

Do Alaska Cellphone Laws Address Bluetooth, Speakerphone, or an Earpiece?

Alaska law does not turn on whether a driver uses a particular hands-free technology. The more important question is what the driver is doing with the device.

Hands-free systems may include:

Bluetooth or vehicle-integrated calling
Speakerphone
An earpiece or wireless headset
Other voice-communication systems

Using a hands-free system for a voice conversation is different from reading or typing a text message or manipulating a prohibited screen while driving.

But regardless of the technology, drivers should keep their attention on driving.

Hands-free does not mean distraction-free.

Can You Text at a Red Light in Alaska Under Alaska Cellphone Laws?

Drivers should not assume that stopping temporarily at a traffic light makes cellphone use automatically legal.

Alaska’s law addresses operating a motor vehicle while reading or typing text messages and other nonvoice communications. The circumstances surrounding whether a vehicle is being operated can matter to the legal analysis.

The safest approach is simple:

Do not text or manipulate your phone while driving.

If you need to send a message, change an app, enter an address, or otherwise interact with your phone, safely pull over and stop before doing so.

Can Distracted Driving Affect an Alaska Car Accident Claims?

Yes. Whether a driver’s cellphone use violated a specific statute under Alaska Cellphone Laws is only one part of the analysis after a crash.

A driver may be legally responsible for injuries caused by negligent driving even when the particular conduct does not result in a cellphone citation.

For example, evidence may show that a driver was distracted by a phone conversation, navigation system, passenger, food, or another activity immediately before a collision.

Alaska’s highway-safety guidance recognizes distracted driving as a broader problem involving a driver’s eyes, hands, or mind being diverted from driving.

After a serious crash, investigators may consider evidence such as:

Police reports
Witness statements
Photographs and video
Vehicle data
Surveillance footage
Cellphone records
Other evidence concerning what the driver was doing before the collision

The relevant question is not simply, “Was the driver holding a cellphone?”

It may be: “Was the driver’s conduct a factor in causing the crash?”

What Should Alaska Drivers Do To Follow Alaska Cellphone Phone Laws?

The safest cellphone policy is straightforward:

Do not text while driving.
Do not read messages while driving.
Do not manipulate apps while driving.
Set your navigation before leaving.
Let calls go unanswered when you are behind the wheel.
Pull over safely before using your phone.
Remember that hands-free does not eliminate distraction.

Alaska’s 511 program similarly advises drivers to make calls before leaving or while stopped and specifically warns them not to call or text while driving.

Injured in an Alaska Crash Involving a Distracted Driver?

If you or a family member has been injured in an Alaska car accident, determining what happened before the collision can be an important part of evaluating the claim.

Cellphone use under Alaska cellphone laws may be one piece of the evidence. A complete investigation may also examine road conditions, vehicle movements, witness accounts, traffic-camera footage, and other available evidence.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image generated and modified using ChatGPT – Prompt: Put The Phone Away – Hands-Free Is Not Distraction-Free

Hands-Free Driving In Alaska

Johnson Law, P.C. — Mon, 14 Sep 2026 17:50:49 GMT

Hands-Free Driving: What Alaska Drivers Should Know

Is hands-free driving safe in Alaska? Learn why hands-free phones can still cause distraction and increase crash risks for Alaska drivers.

As a personal injury attorney, I will not talk to a caller who is driving, even if the caller is using a hands-free device.

Neither should you.

Many drivers believe that using a hands-free cell phone makes talking while driving safe. It does not. Hands-free technology may keep your hands on the steering wheel, but it does not eliminate the mental distraction caused by a phone conversation.

The National Safety Council (NSC) puts it simply: “Make no mistake: This multitasking technology is about convenience, not safety.” [underline emphasis added]

For safer driving, the NSC recommends keeping your eyes on the road, hands on the wheel, and mind on driving.

Is Hands-Free Cell Phone Use Safe While Driving In Alaska?

Short Answer: No. Multitasking is a Myth… Hands-free cell phone use is not risk-free. Even when a driver does not hold a phone, a conversation can divert attention away from the driving task.

Hands-free technology generally includes devices or systems such as:

Earpieces or Bluetooth devices
Dashboard or vehicle-integrated systems
Speakerphone functions

These technologies can reduce some of the physical distractions associated with holding a phone. However, they do not eliminate cognitive distraction.

That distinction matters.

Why Hands-Free Phone Conversations Are Distracting

Driving requires more than keeping your hands on the wheel. Drivers must continuously process information, anticipate hazards, make decisions, and respond to changing conditions.

A phone conversation can compete with those mental demands.

When a driver becomes focused on a conversation, the driver’s attention may be divided between the person on the phone and what is happening on the roadway. That can affect the driver’s ability to recognize hazards, process information, and respond appropriately.

A hands-free device does not change that fundamental problem.

Your hands may be free, but your attention is not.

That is why the NSC warns that hands-free devices do not make distracted driving safe.

Driving Requires Your Full Attention

Consider an everyday comparison.

Imagine trying to read and understand a book while carrying on an important phone conversation. You may be physically capable of looking at the words, but your ability to absorb and process what you are reading would suffer.

Driving presents a similar challenge. Drivers must constantly observe their surroundings and make decisions based on what they see.

A vehicle can travel a significant distance in only a few seconds. During that time, a distracted driver may encounter a pedestrian, cyclist, stopped vehicle, animal, road construction, changing traffic pattern, or another unexpected hazard.

Safe driving requires continuous attention to the roadway.

Hands-Free Driving In Alaska Does Not Mean Distraction-Free

The biggest problem with hands-free technology may be the misconception that it makes phone use safe.

A driver who knows that holding a phone is dangerous may believe that using Bluetooth, an earpiece, or a vehicle’s speaker system eliminates the risk.

It does not.

Hands-free technology addresses the physical distraction of holding or manipulating a phone. It does not necessarily address the mental distraction of having a conversation.

That is why the safest approach is simple:

If you are driving, put the phone away and focus on driving.

Hands-Free Driving In Alaska and Crash Risk

Research has consistently recognized distracted driving as a significant roadway safety concern. Studies have also found substantial impairment associated with cell phone use while driving.

The NSC has emphasized that hands-free devices do not eliminate the risks associated with distracted driving.

The lesson is straightforward: hands-free does not mean risk-free.

You may have seen the familiar bumper sticker:

“Hang up and drive.”

That remains good advice.

Alaska Distracted Driving and Personal Injury Claims

When a distracted driver causes a crash in Alaska, the consequences can extend far beyond the driver’s phone call.

A collision can result in serious injuries, medical expenses, lost income, property damage, and long-term physical and emotional consequences.

Was the driver was using hands-free driving technology, using a handheld phone, or engaging in another form of distracted driving in Alaska? It becomes relevant when determining how a crash occurred and who may be legally responsible for the resulting damages.

Alaska law addresses responsibility for injuries and property damage caused by negligent driving. A driver who fails to use reasonable care and causes a collision may be held responsible for the harm resulting from that conduct.

The important question after a crash is not simply whether the driver was holding a phone. It is whether the driver’s conduct contributed to causing the collision.

What Should You Do If You Are Driving?

The safest choice is also the simplest:

Do not make or answer phone calls while driving.
Use your phone only after safely parking.
Set navigation and music before you begin driving.
Do not assume hands-free driving in Alaska means distraction-free driving.
If someone calls you while you are driving, let the call wait.

If my office is calling you and you are driving, please don’t answer.

Our call can wait.

Your safety cannot.

Your safety and the safety of others on the road should be your priority when you get behind the wheel of a vehicle.

Injured in an Alaska Crash Involving a Distracted Driver?

If you or a family member has been seriously injured in an Alaska motor vehicle crash, determining how the collision happened can be an important part of evaluating a personal injury claim.

Evidence may include witness statements, photographs, crash reports, vehicle data, phone records, surveillance video, and other information that helps establish what the driver was doing before the collision.

At Johnson Law, P.C., we represent people injured in motor vehicle crashes throughout Alaska. We investigate the circumstances of serious crashes and pursue compensation for the harm caused by another person’s negligence. If you are injured in a crash caused by a distracted driver, it is important that you hold that person responsible for their negligence. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image generated and modified using ChatGPT – Prompt: Put The Phone Away – Distracted Driving Threatens Lives