I was hit by another car while I was on my cell phone. It was not my fault, but will I still get in trouble for the cell phone?

Speaking as a lawyer, I can tell you that everyone always needs a lawyer—it’s the best investment of your time and money you can make. Ok, blatant self-interest aside, you almost certainly need a lawyer. First, a great many states make it illegal to operate a motor vehicle while using a cell phone in one fashion or another. For example, six states, including some of the most populous ones (like NY, NJ, and CA) ban use of a handheld phone while driving, while 18 states ban texting while driving. 21 states ban cell phone use by “novice drivers.” You don’t say where you’re from or what your age is, but there’s a not-inconsiderable chance you might face penalties.

Moreover, using a cell phone while driving may not automatically cause you to be considered to be negligent (or unreasonably careless and legally at fault), but it certainly increases the chance that you be held negligent. There is a substantial and growing body of evidence that using a cell phone distracts the driver and causes him or her to drive less safely—some research even finds that cell phone use has as detrimental an effect on driving safety as driving while drunk. Based on this evidence—and on the state laws making it a crime to drive while using a cell phone—it is very likely that if you are sued, a jury would conclude that much, if not all, of the fault for the accident is yours. And that in turn means that you could be facing a sizeable verdict, if the other driver suffered serious injury. Assuming the other driver knows or suspects you were on the phone, the likelihood of him suing is also increased.

So in answer to your question: yes, you probably need a lawyer. You would need one to defend you in likely civil action; and depending on where the accident occurred, you may need one to defend you from criminal charges as well.