Car Accidents Caused by Cell Phone Use

Were You Injured in an Accident Due to Someone on the Phone?

null Your primary concern when on the road should be your safety and those of your passengers and fellow drivers. Unfortunately, this safe practice is not always adhered to by everyone. Some people are so attached to their cell phones that they’re unable to put it down when driving. Despite constant and wide-spread warnings about the dangers of driver cell phone use, people do it anyway. Dashboard car cell phone holders don’t make it less hazardous to answer phone calls, use GPS and answer text messages. When a driver’s attention is not on the road or paying attention to his or her surroundings, they increase the risk of colliding with another.

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.

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. In some states, there are laws that specifically prohibit teens and novice drivers from using cell phones. The state of California ruled anyone under the age of 18 cannot take part in hand-free cell phone use behind the wheel. As a result, you may have a strong case against the liable party. Cell phone use presents a serious hazard on the road. Depending on age, the parents involved will be held accountable for injuries you sustained in the accident.

What You Must Do to Get Justice

If you were the victim of a traumatic injury following the accident, it may take some time before you are strong and alert enough to legally negotiate your case. When you have a point of recovery, you should make the call.

The attorneys at Accident Lawyers Firm know how to deal with the kind of situation you find yourself in. They will ask you to recall the moments leading up to the car crash and compare it with official reports, records and evidence. Depending on the firm, attorneys will bring in a professional investigation team. The latter will find out everything there is to know about the other driver, if they are at fault, 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 distracted driver was using their cell phone while driving on the road, your attorney will learn about it.

The insurance company of the at-fault driver will be the one responsible for compensation, unless the lawyer dictates a parent, or employer should be liable. You should leave all important legal 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 attorney.

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. At Accident Lawyer’s firm, we have extensive experience and expertise in these matters. We put our clients first.