You drive to survive. Your primary concern when on the road is the safety of your passengers and fellow drivers. This is a good ethos, but is unfortunately not one adhered to by everyone. Some people are so attached to their cell phones that they will not even put them down when driving. Despite constant and wide-spread warnings about the dangers of driver cell phone use, people do it anyway. Some go so far as to put their phones on their dashboard in the belief that it is a less hazardous way to read new text messages. It is not. If a driver’s attention is not on the road and what is going on around them, they increase the risk of a collision.
States and municipalities across the country have banned the use of cell phones while driving. 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 a personal injury attorney Newport Beach.
Why You Should Not Use Your Cell Phone While Driving
There are no exceptions when it comes to the dangers of cell phone usage. Do not be lulled into the false belief that you are somehow more skilled when using your cell phone while driving. This is simply not the case. If a driver smashes into your car because they were using their cell phone, you must be completely innocent of this infraction yourself if you are to claim compensation.
Courts have been largely in agreement with plaintiffs who argue that a driver was legally at fault for an accident that occurred while they used a cell phone. If you were also using your phone at the time of the crash, you will be seen as contributing to it, which will reduce the amount of money you are awarded.
Here are some examples of the carelessness induced by 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 because of reading or sending a text message or talking on the phone
Using a hands-free device will not 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
If you were harmed in an accident caused by a cell phone user, you may be able to hold their employer responsible for the accident. The person who hit you may have been on a work-related call at the time of the accident or may have been sending a text message deemed important. People who are in high pressure jobs may feel obligated to respond immediately to phone calls and text messages. If the employer of such a person disregards their safety and insists on such recklessness, then it is right to hold them accountable.
There is also the fact that the employer will have deeper pockets. Your injury attorney Newport Beach will be aware of this fact and will advise you to pursue a legal strategy based on it.
Parents and Cell Phone Use
If you were injured in an accident caused by a minor, then you may be able to sue the parents. Although the law is not completely settled on this issue, there is a strong case to make. The mixture of teenagers, cars, and cell phones presents a serious hazard on the road. If the parents provided both the cell phone and the vehicle, they may be the one held accountable for injuries sustained in an accident.
In some states, there are laws that specifically prohibit teens and novice drivers from using cell phones.
What You Must Do to Get Justice
To get justice, you must hire a car crash lawyer Newport Beach. You should do this as soon as possible. If you were seriously injured in the accident, it may take some time before you are strong and alert enough to speak to a car crash lawyer Newport Beach. When you have reached that point, you should make the call.
Auto accident lawyers Newport Beach know how to deal with the kind of situation you find yourself in. Your Newport Beach car accident lawyer will come to wherever you are. They will ask you to recall the events leading up to the crash, but they will not overtake you. Nor will they depend solely on your statements to build a case.
Your Newport Beach car accident lawyer will bring in a professional investigation team. The latter will find out everything there is to know about the other driver and the circumstances that led to the accident. The investigators will recover any video camera footage from where the accident took place. They will also interview people who witnessed the crash. If the other driver was using their cell phone before the accident, your Newport Beach car accident lawyer will learn about it.
The insurance company of the driver who hit you will be the one responsible for compensation. Your car wreck lawyer Newport Beach will need to negotiate with them to get you money. And you should leave all such matters to your attorney. Even if you are approached by the insurance company soon after the crash, you should refuse to speak to them. They will probably offer you what seems like a good settlement. You should assume that it is not what you deserve and refer them to your car wreck lawyer Newport Beach.
You should not be left in the financial lurch because of someone else’s selfishness and negligence. If the accident that caused you injury was the consequence of using a cell phone while driving, then you should seek damages. Auto accident lawyers Newport Beach have extensive experience and expertise in these matters. You should call such a lawyer to review your legal options and to get justice.