Cell Phone Use And Car Accidents
Usually, in most parts of the US, it is prohibited to use your cell phone while you drive. If caught, you are breaking the law. At the same time, you can end up faced with a lawsuit when involved in car accidents. This is especially possible in situations like texting as you drive and then causing an accident.
Responsibility In Car Accidents When Using Your Cell Phone
The plaintiff in a car accident injury claim needs to prove the defendant is the one that caused the crash because of reckless actions. This can be really easy to do when the driver was using his smartphone or a similar device as the collision happened. However, in other cases, the injured party might have contributed, sometimes because of the same reason.
You can learn more when you get in touch with car accident attorneys at this URL: https://www.rhllaw.com/car-accident-lawyer/. But, some careless driving examples caused by smartphone use include:
- Driving with a single hand on the wheel.
- Looking at the phone or reaching for it, which implies taking your eyes off the road.
- Not paying attention to potential surrounding dangers because of distractions that were caused by the phone.
- Having a conversation and being distracted. It does not matter who you were talking to, even if a hands-free gadget was used.
Doing Business on the Phone As An Employee
The employer is legally responsible in the event that the accident was caused by one of the employees. This happens when the employee was on the phone because of a work-related conversation as the car accident happened. The same goes for sending a work-related message. If you are injured in such circumstances, you will most likely file an insurance claim against the employer. This is simply because settlements tend to be higher.
What should be known though is that most employers are actually prohibiting the use of smartphones or similar devices while working and driving. In this case, it would be the negligence of the employee or the situation could be much more complicated from a legal point of view.
The Influence Of Insurance Companies
We cannot actually discuss injury claims without taking into account the influence of the insurance companies, which are very careful with the connection between car accidents and smartphone use. Absolutely all insurance firms will increase insurance premiums whenever ticketed for texting or talking as you drive and for being involved in accidents when you use smartphones.
If the insurance firms get involved and you negotiate settlements with them, make sure you never participate in such a discussion without an experienced car accident attorney to help you. This is because adjusters will often try to downplay the fact that a smartphone was being used and that it might have led to the collision.
To sum up, if someone is using the cell phone, there is a very good possibility that this played a role in the accident. An experienced lawyer will find the proof needed to show that this was the case and will get you a higher compensation for the injuries and damages you suffered.
