For instance, if a claimant was stopped at a red light while using their cell phone, they would likely not be found liable if another driver who was texting rear-ended them.
On the other hand, if the claimant was driving while on their cell phone and therefore inattentive to another reckless driver, a court could hold them partially responsible for the accident. This could result in their damage award being decreased proportionately to their percentage of fault, assigned by the court. In some cases, a claimant may be barred from recovery entirely.