Phone in One Hand, Liability in the Other: The Hidden Cost of Distraction

Distracted driving has emerged as one of the most persistent and dangerous habits on American roadways, a trend that shows no signs of slowing. With smartphones now used on more than half of all trips, the implications are far-reaching, not just in terms of public safety, but also rising insurance premiums, mounting personal injury claims, and an escalating financial toll.

In a new study from Gruber Law, researchers compiled data from national sources to paint a comprehensive picture of distracted driving’s growing footprint in the United States. The most recent findings suggest a sharp increase in both distracted behavior and resulting collisions. The National Highway Traffic Safety Administration reports 3,308 deaths linked to distracted driving in 2022 alone. Meanwhile, Cambridge Mobile Telemetrics (CMT) attributes a 20 percent spike since 2020 to increased phone motion and screen activity behind the wheel.

Phone motion is a key indicator, having surged by 21 percent since 2020. Screen usage is up 23 percent in the same period. These behaviors translate into an estimated 420,000 additional crashes and more than $10 billion in economic damages annually. According to CMT, each 10 percent uptick in distracted driving contributes roughly 420 deaths and $4 billion in added costs.

The Centers for Disease Control and Prevention defines distracted driving broadly: anything that takes your eyes off the road, hands off the wheel, or mind off of driving. In 2019, more than 3,100 fatalities and 424,000 injuries were attributed to distracted driving incidents. About one in five of those killed were pedestrians or cyclists. New data continues to support the CDC’s characterization, showing that dangerous distractions are increasingly frequent—and deadly.

State-by-state comparisons show that drivers are now interacting with their phones on 58 percent of trips, up from 54 percent just a few years ago. Florida, Texas, and California top the list of states with the highest rates of distracted driving. These states, along with Georgia, North Carolina, Arizona, and Nevada, also rank high in the number of distracted-driving collisions involving pedestrians and cyclists. In fact, pedestrian fatalities hit a 40-year high in 2021, with 7,485 deaths reported.

When it comes to demographics, younger drivers remain the most prone to distraction. Teen drivers aged 15 to 20 account for the highest percentage of distraction-related crashes. Nearly four in ten high school students admit to texting or emailing while driving at least once in a 30-day window. Drivers aged 16 to 24—typically considered Gen Z and younger millennials—are more likely to use handheld phones behind the wheel than their older counterparts. Women, too, are more likely than men to engage with handheld devices while driving.

Holidays amplify the risk. Both Thanksgiving and Christmas have been linked to spikes in distracted driving, with weekday travel also showing higher rates of phone motion. Across all age groups, the ten most common distractions include texting, phone calls, social media, navigation systems, eating and drinking, passengers, music controls, personal grooming, reaching for objects, and daydreaming.

Legal reforms are underway, though public understanding remains limited. In states with handheld bans, only 32 percent of drivers know about the ban, while 40 percent are unaware or misinformed. In states without bans, just 8 percent correctly understand the absence of such laws. Alarmingly, 58 percent of drivers either don’t know or don’t grasp the specifics of their state’s distracted driving regulations.

Still, the impact of legislation is quantifiable. Hands-free laws have yielded results, reducing phone motion by an average of 13 percent within three months of implementation. Michigan’s 2023 law led to a 12.8 percent drop in distraction-related crashes. By early 2025, 30 states will have active bans on handheld devices, strengthening the trend toward safer habits.

Insurance providers are also adapting, using telematics to monitor driving behavior and reward focus with lower rates. However, drivers convicted of distracted driving may face premium increases or even non-renewal. As technology and data collection evolve, insurers are leveraging these tools to push back against risky behavior.

Public awareness campaigns could be a key turning point. Initiatives like the Kiefer Foundation’s educational efforts, StopDistractions.org resources, and Boston’s Safest Driver Competition are helping shape safer driving norms. Yet, personal injury attorneys are seeing the consequences of negligence firsthand. In cities like Milwaukee, law firms such as Gruber Law continue to advocate for those harmed in preventable crashes.

Ultimately, distracted driving is not just a behavioral quirk. It is a documented safety hazard with measurable consequences, and a growing number of stakeholders are working to curtail its effects. Whether through state law, insurance incentives, or cultural change, the path forward demands coordinated effort.