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One of the biggest causes of car crashes is distracted driving – specifically, using a mobile phone. The most dangerous way drivers use phones is for texting or sending emails, but it can also be a problem if they are speaking on one. In recent years, numerous laws have tried to curb these distractions, but cell phone use is still a major cause of accidents.
If you were struck by a driver who was using a mobile phone at the time, a Cicero texting while driving accident lawyer could help you. An experienced car accident attorney could be the difference between a civil recovery and being stuck with a mountain of medical bills.
A person is more likely to get into a car accident if they are using a cell phone. For this reason, state law requires any mobile device used by the driver of a car to be hands-free. Many phones today will link to the vehicle via Bluetooth and allow for hands-free use.
It is never acceptable to text while driving because it requires a person to have their eyes off the road. Failure to abide by these regulations may result in a ticket from the police, which can be powerful evidence in a resulting personal injury case.
Many automobile wrecks are caused by inattentive driving, specifically with the use of a cell phone. A local texting while driving crash attorney will typically try to obtain the cell phone records in an accident in an attempt to see if the device was in use at the time of the wreck.
If a driver was using their cell phone and caused an accident, this can be evidence of negligence. While it is not illegal to use a cell phone in hands-free mode, the fact that someone is on the cell phone during an accident can be relevant as to who is at fault.
In order to make a civil recovery, a plaintiff’s attorney must prove that the defendant was negligent, and that cell phone use at the time of the accident is relevant to this determination.
In a typical car wreck case, there are no criminal penalties. In a civil case, which is a lawsuit for money damages following a collision, it is slightly more difficult to obtain cell phone records. The police can obtain cell phone records under their law enforcement powers, but it does not happen automatically.
In a civil case, a distracted driving collision lawyer in the area could send a subpoena to the cell phone provider for any records. A subpoena can only be requested after a lawsuit is filed. Thus, a plaintiff might not know for certain if a driver was on their cell phone until after the proceeding has been initiated.
If both parties were using their cell phone at the time of the accident, it may impact the decision as to who is at fault. Some accidents are clearly the fault of one driver. For example, a rear-end accident is typically the fault of the striking vehicle. Whether the driver was on the phone or not will probably be irrelevant.
If there is a dispute as to how the accident occurred and who is at fault, use of a cell phone at the time of the impact is important evidence. If both parties are found to have been using their cell phone at the same time, they might cancel each other out. As a result, there might be little to no damages awards.
If a motorist injured you because they were texting on their phone, they should be reprimanded for their actions. Thankfully, you have options that could make this happen. A Cicero texting while driving accident lawyer could work to help you recover damages to pay off any bills stemming from an injury. Contact one now to learn how to get started.