When You are Involved in a Cell Phone Related Car Accident
According to the Human Factors quarterly journal, “Cell phone distraction causes 2,600 deaths and 330,000 injuries in the United States every year” (2005). The same study reported that motorists who are engaged in cell phone conversations while driving are less capable than drunk drivers with blood alcohol levels exceeding .08. These statistics are frightening considering how pervasive cell phones are in our society. With a greater awareness of the potential cell phones have to distract drivers, many states, and even cities, are adopting laws that limit or restrict the use of cell phones while driving. It is important to be aware of these laws while travelling in other states and visiting other cities so you do not inadvertently break the law. Even in states and cities where there are no restrictions on cell phone use by motorists, limiting cell phone use while driving will make you a more attentive driver, ready to react when the unexpected occurs.
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.