When you are involved in an accident where a cell phone is involved, you should follow the same procedures that you would after any car accident (see What to Expect When You are in a Car Accident and How to Preserve Evidence after a Car Accident).

It is important to contact a car accident lawyer who has experience with cell phone car accident claims as laws are changing in regards to cell phone usage while driving as well as who can be held liable for cell phone car accidents. An accident attorney with expertise in cell phone car accident claims will be familiar with the most current laws and be better able to help you obtain a fair recovery for your damages.

A driver distracted by talking on a cell phone can be charged with negligence, whereby you are entitled to compensation for your damages and/or injury. You may also be able to bring a personal injury lawsuit against a driver who was using a cell phone at the time of the accident if you sustain injuries as a result of the car accident. A cell phone car accident lawyer will know how to pursue the course of legal action that is best for your damages.

Not only can the motorist using a cell phone that caused an accident be charged with negligence, but employers may also be found negligent if their employee was making a business related call at the time of the accident. Many cases have been won against companies whose workers cause accidents while driving and talking on the phone. It is, therefore, important to find an attorney who is willing to investigate your claim carefully and pursue a claim against the cell phone user’s employer if necessary.

While many claims against employers of cell phone users in car accidents have been successful, there is yet to be a successful lawsuit carried out against wireless carriers for their subscriber’s negligence. While it is not impossible that the cell phone carrier may be liable for their subscriber’s cell phone-related car accident, a case has not been won against a cell phone carrier.

In addition to states that have laws against using cell phones while driving, many states have chosen to limit the use of cell phones while driving and/or leave it up to local jurisdictions to determine their own laws related to driving and talking on a cell phone. This can get confusing for an increasingly transient United States culture.

Regardless of how confident you feel in your ability to talk on the phone and drive, it is important to be aware of the law where you are driving. Ignorance of the law is no excuse for breaking it, so check out the state’s Department of Motor Vehicles Web site before driving through a new place. Below are some general things you should be aware of when driving:

Novice drivers may have stricter cell phone regulations

Some states or local jurisdictions expressly prohibit novice drivers from talking on a cell phone while driving. Novice drivers are those with learner’s permits and restricted driving privileges.

Texting may be prohibited

In states like Alaska, California, Connecticut, Louisiana, Minnesota, and New Jersey texting while driving is against the law.

Certain occupational drivers may not be allowed to use cell phones while driving

In places where cell phone use is not strictly prohibited people, like school bus drivers, may be prohibited from talking on their cell phones while driving.

You may be ticketed

Depending on the jurisdiction, you may be ticketed for using a cell phone without committing any other traffic offense.

It may impact the amount of damages you are eligible to receive in a lawsuit

You may receive less in damages if you were talking on a cell phone, even if you didn’t cause the accident. This is particularly true in states with comparative fault liability (see Understanding Comparative (Fault) Negligence Liability).

You may be held responsible for the accident

If the person responsible for an accident is in question, you may be held liable if you were talking on the phone at the time of the accident.

The best way to protect yourself from cell phone related accidents and offenses is to not talk on the phone while you are driving. If you feel you must take a call, be sure to do so safely (see Reducing the Risk of Cell Phone Related Car Accidents). Also, keep in mind that hands-free devices are currently legal throughout the United States.

Staying off the phone or using a hands-free device can not only help you avoid messy legal matters, but help you avoid tragic mistakes. If you or a loved one is facing legal issues for a cell phone related traffic accident, be sure to get experienced legal representation. An attorney who understands cell phone laws should be able to help you understand your rights and provide you with the advice you need to make informed decisions.

Use a Hands-Free Device

Use of a hands-free device, such as a headset or system that is built directly into your car, is a way to reduce distraction while driving and talking on the phone. These devices are particularly effective if they are completely voice activated, allowing drivers to keep their hands on the wheel at all times.

Keep Your Eyes on the Road

Cell phones are particularly dangerous when drivers look away from the road to dial a phone number or read a text message. If you have to make a call while driving, do not look down to punch in a phone number. Also, do not send text messages or browse the Internet as this can impair your ability to drive safely—endangering your life and the lives of those you share the road with.

Avoid Emotional Conversations

Emotional conversations cause drivers to take their mind off driving. Drivers can become so emotionally involved in a conversation that they may be less aware of their surroundings and be unable to react quickly. It is best to avoid any emotional phone conversations while driving so that your full attention can be given to driving safely.

Pull Over to a Safe Area

If it is absolutely necessary that you take a phone call while you are on the road, it is a good idea to pull off the road to engage in the conversation. Pulling off to a safe area will allow you to focus on the conversation and not risk getting distracted while driving. Even in a well-lit area, make sure your doors remain locked and you remain aware of your surroundings.

Only Use Your Phone When Necessary

Even with a hands-free device, it is important that you limit the phone calls you have while driving. Studies suggest that any cell phone use while driving may impair a person’s ability to drive well.  Reserve phone calls in the car to emergency situations; allow your voicemail to catch social calls that you receive while driving.

While talking on the phone and driving has become a real convenience, it is also a real danger. Individuals involved in a cell phone related car accident may face serious consequences for being on their cell phone at the time of the accident, even if they were not responsible for the crash (see Cell Phone Driving Laws). If you or a loved one was involved in a car accident involving a cell phone, it is imperative that you consult an attorney to understand your rights.