What If the Driver Who Hit Me Was Texting Behind the Wheel?

November 14, 2025
Alyssa Myles

Texting and driving is not only dangerous—it’s illegal in Kentucky. If you were hit by a distracted driver, you may be dealing with painful injuries, medical bills, and frustration knowing the crash could have been prevented. Understanding what to do next is essential for protecting your rights and maximizing your claim.

Call the Police Immediately

As with any car accident in Kentucky, your first step is to call the police. A police report documents the crash and identifies the at-fault driver. If the officer notes signs of distracted driving—such as the other driver admitting to texting—this can serve as powerful evidence in your case.

Seek Medical Care and Document Everything

Next, get medical attention right away. Tell every medical provider, from nurses to physical therapists, that you are being treated because of a car accident. Attend all follow-up appointments and keep thorough documentation of your treatment, pain levels, medications, and limitations in daily activities. Strong medical records are key to proving your damages.

Phone Records Can Prove Distracted Driving

If you have reason to believe the other driver was texting, Regard Law Group can take steps to obtain their phone records. These records can show whether a text was sent or received at the time of the crash—a crucial piece of evidence when proving negligence.

Texting while driving violates Kentucky law, and the state allows a private cause of action for violations of certain criminal statutes. That means evidence of texting can significantly strengthen your claim and increase your potential recovery.

Let Regard Law Group Protect Your Rights

If a distracted driver injured you, you don’t have to face the insurance company alone. Contact Andre Regard at 859-533-0781 for immediate help. Call or text anytime—Regard Law Group is here to fight for you.