Insurance adjusters and defense lawyers often raise this issue to argue that an injured person was distracted, careless, or partly responsible for a crash. If they can show someone was reading, sending, or typing a message behind the wheel, they may try to reduce a payout by claiming comparative fault.

At its core, texting while driving means using a phone or similar device to send, read, or compose text-based messages while operating a vehicle. That includes looking down to read a message, typing a reply at a stoplight, or using an app to send written messages while the car is moving. Even a few seconds of visual, manual, and mental distraction can sharply increase the risk of a collision.

For an injury claim, this can matter on both sides. If the other driver was texting, that may help prove negligence and support a claim for damages. If you were texting, the defense may argue your actions contributed to the wreck or made your injuries worse. In Montana, the state follows modified comparative negligence with a 51 percent bar: an injured person cannot recover damages if they are more than 50 percent at fault. That makes phone records, witness statements, and crash-scene evidence especially important when distracted driving is part of the case.