Cheyenne Distracted Driving Attorney

What Is Distracted Driving in Wyoming?

Distracted driving is any type of activity that takes a driver’s eyes or mind off the road, or their hands off the wheel, resulting in unsafe vehicle operation.

What Are the Most Common Types of Distracted Driving?

The most common types of distracted driving include the following:

• Reading or sending texts
• Adjusting radio or climate controls
• Using the touchscreen or GPS
• Talking on the phone
• Looking at passengers while talking to them
• Eating
• Drinking
• Putting on makeup

Is Texting While Driving Illegal in Wyoming?

Yes, texting while driving is illegal in Wyoming under Statute 31-5-237. There are a few exceptions, including:

• While the vehicle is lawfully parked
• To contact an emergency response vehicle
• When using hands-free or voice-operated technology

What Are Wyoming’s Distracted Driving Laws?

Statewide, texting while driving is banned. However, there is no ban on holding a phone while making or receiving calls. Teen drivers are prohibited from using a smartphone while driving, except to call 911.

Are There Additional Distracted Driving Rules in Cheyenne?

Cheyenne City Code Section 10.24.170 has a complete handheld phone ban, and police are allowed to pull people over, even when they are just holding their phone. Hands-free and voice technology are legally permitted.

How Common Are Distracted Driving Accidents in Cheyenne and Wyoming?

According to the Wyoming Department of Transportation, in 2025, statewide there were 626 distracted driving crashes, with five fatalities and 322 injuries.

In Laramie County, there were:

• 123 total distracted driving crashes
• 37 injury crashes, with 51 people being injured
• 86 property-damage-only crashes

How Can Distracted Driving Cause a Car Accident?

Distracted driving takes drivers’ attention away from the road and their surroundings. When your attention is diverted, your reaction time increases, usually resulting in a crash.

For example, looking at your phone for five seconds while driving 55 mph is the same as covering the distance of an entire football field.

What Types of Accidents Can Be Caused by Distracted Driving?

The following types of accidents can be caused by distracted driving:

• Read-end collisions
• Intersection crashes
• Head-on collisions
• Pedestrian and bicycle accidents
• Multi-vehicle crashes

What Injuries Can Result From a Distracted Driving Accident?

An accident due to distracted driving can cause the following injuries:

• Cuts, scrapes, and bruises
• Deep lacerations
• Fractured and broken bones
• Traumatic brain injuries (TBIs)
• Herniated discs
• Whiplash
• Internal bleeding
• Organ damage
• Facial, eye, and mouth injuries
• Partial or full paralysis
• PTSD
• Depression
• Anxiety

How Do You Prove a Driver Was Distracted?

Proving a driver was distracted requires gathering sufficient evidence to establish a timeline of events and the driver’s behaviors leading up to the crash.

What Evidence Can Prove Distracted Driving?

The following can be used as evidence to prove distracted driving:

• Cell phone records
• Text messages and call logs
• Polic reports
• Witness statements
• Infotainment logs
• Event data recorder vehicle data
• Video surveillance
• Vehicle damage patterns
• Lack of skid marks
• Physical evidence in the at-fault driver’s vehicle
• Admission of fault by the at-fault driver

What If the Other Driver Denies Using Their Phone?

Not all distracted driving crashes involve smartphones. Collecting forensic evidence, along with cell phone records, call logs, and text message history, will determine whether the phone was used or if there was another distraction.

Can Cell Phone Records Be Used To Prove Distracted Driving in Wyoming?

Yes, however, they are not public knowledge. So, your Cheyenne car accident attorney would need to subpoena the records.

Who Is Liable for a Distracted Driving Accident in Cheyenne?

Generally, under the state’s at-fault system, the distracted driver is liable. However, there are exceptions, and other parties may also be liable, such as a teen driver’s parents and a worker’s employer. 

Does Distracted Driving Automatically Make the Other Driver Liable?

No, you must still prove they were negligent, and their behavior was the direct cause of the crash and your injuries.

Can I Recover Compensation If I Was Partially at Fault for the Accident?

Yes, Wyoming uses a comparative negligence system, meaning as long as you are less than 50% at fault, you can still seek compensation. However, your total settlement is reduced by the percentage you are found to be at fault.

What Compensation Can You Recover After a Distracted Driving Accident?

After a distracted driving accident, you can recover the following:

• Property damages
• Medical expenses
• Lost wages
• Reduced earning capacity
• Loss of benefits
• Loss of enjoyment
• Pain and suffering
• Emotional distress
• Other accident-related losses

What Should You Do After a Distracted Driving Accident in Cheyenne?

The steps to take after a distracted driving accident include calling 911, seeking immediate medical care, and filing a police report. If possible, collect evidence by taking video and photographs of the accident scene, road conditions, and damage to both vehicles. You should also attempt to get contact details for any witnesses.

Should You Talk to the At-Fault Driver’s Insurance Company?

No, you should avoid talking to the at-fault driver’s insurer until you have spoken to our car accident lawyer in Cheyenne. Insurance adjusters are notorious for asking leading questions and other tactics that could hurt your injury claim.

How Long Do You Have To File a Distracted Driving Lawsuit in Wyoming?

You have four years from the date of the crash to file a personal injury lawsuit. However, you should file as soon as possible, as the longer you wait, evidence can get lost, witnesses’ memories fade, and other issues can arise affecting the amount of damages you can seek.

What Happens If the Distracted Driver Was Uninsured or Underinsured?

If a driver is uninsured or underinsured, you would also file a claim with your own insurance. If you have UM/UIM coverage and MedPay on your policy, you can use these as well. Your other option is to sue the driver directly if they have sufficient assets.

When Should You Hire a Cheyenne Distracted Driving Attorney?

You should always schedule a free consultation with a Cheyenne distracted driving attorney as soon as possible after the crash to learn about your options and legal rights.

In cases where you were physically injured, the other driver or their insurer is disputing fault, or where there could be multiple parties involved, you should hire a lawyer right away.

How Can Bachus & Schanker Help After a Distracted Driving Accident?

At our Cheyenne personal injury law firm, we can help you recover your losses and obtain a favorable settlement. We take care of gathering all evidence and building a strong case against the at-fault driver. We also deal directly with their insurance company, and yours, if needed, freeing you to focus on recovery.

Why Choose Bachus & Schanker for a Cheyenne Distracted Driving Case?

At Bachus & Schanker, we offer the following:

• Free case evaluations and consultations.
• Takes cases on a contingency basis, with no upfront costs to you.
• We only collect legal fees after winning your case.
• Manages all aspects of your injury claim and lawsuit.
• Provides proper valuation of your losses.
• Dedicated team to assist you beyond legal aspects, like finding a rental car or physical therapist.
• Access to our Victim’s Advocates team for catastrophic and wrongful death cases.
• Reviews all possible avenues of recovery, especially in UM/UIM and hit-and-run cases.

Request your free consultation now. Even if you’ve already spoken with the insurance adjuster and they’ve made you a settlement offer, we urge you to get a sound, legal second opinion before signing the offer letter.

FAQ About Distracted Driving Accidents in Wyoming

Related Car Accident Resources