States and municipalities across the country have banned hand-held cell phone use while driving. In the state of California, the law rules it safe to use it in a hands-free manner, as long as the driver is limited in exactly what they can do. Drivers over the age of 18 can utilize voice commands, speakerphone, or GPS/navigation. Although it is strongly discouraged there is some leeway to the strict rule. If you have been harmed in a car crash caused by someone who broke this law, then you should hold them accountable. It is right for you to seek compensation in such an instance, and you can begin the process by hiring an attorney.
Why You Should Not Use Your Cell Phone While Driving
There are no exceptions when it comes to the dangers of cell phone usage while driving. For instance, if a driver rear-ends your vehicle because they were using their cell phone you can file a claim for compensation. Courts have been largely in agreement with plaintiffs who argue against an at fault driver. They ensure the guilty party pays for all damages done due to reckless endangerment of the victim and other drivers. Using your phone at the time of the crash, whether hand-held or hands-free, will be seen as a contributing factor, which will increase the amount of money you owe.
Here are some classified examples of reckless driving while using a cell phone:
- Driving with only one hand
- Diverting eyes to reach for a cell phone or read a text message
- Failing to see an emergent danger due to sending a text message, dialing a phone number or opening an application
Using a hands-free device will not always get you off the hook. Your attention will still not be where it belongs, which is on the road.
When an Employer Can Be Held Accountable
Can you hold the at-fault driver’s employer accountable? Yes, if someone’s motor vehicle crashes into your car, resulting in a head-on, rear-end or side collision you may be able to hold their employer responsible for the accident. The employee may have been on an urgent work-related call at the time of the accident, or may have been sending a text message that was deemed important to the employer. People who are in high pressure jobs may feel obligated to respond immediately to phone calls and text messages. They may use their cell phones at their own risk, but if not he/she could lose their job. If the employer of such a person disregards their safety and insists on such recklessness, then it is right to hold them accountable. An attorney will provide consultation to determine liability and strategies to ensure you the proper procedures are followed for your case.
