Author: C. Bennett Long, Esq., Long & Long Attorneys at Law
Out of all the different ways that a car accident can occur, one of the most frustrating is being struck because the other driver was using their cell phone. Cell phones are a big cause of distracted driving accidents, and because these sorts of accidents are becoming increasingly common, many states are passing laws to curb these incidents.
If you find that the other driver in your accident was using their cell phone when the accident happened, then you may have strong grounds for a personal injury lawsuit. Here is some information that you need to know about a car accident caused by cell phone, including tips for proving fault in your injury case.
Responsibility in Cell Phone Accidents
As in every type of accident, one of the linchpins of car accidents involving cell phones is proving who was at fault for the accident. In most cases, fault would lie primarily with the driver that was using and distracted by their cell phones. However, in some circumstances, outside parties may hold some level of liability.
Say, for instance, that the other driver was using their cell phone to make a business call or send a work mail. Because they were performing job duties when the accident occurs, it may be possible to include their employer in your personal injury claim.
There is also some question whether parents are responsible for accidents caused by teen drivers using cell phones in the car. The argument here would be that the parent covers the cost of the cell phone, meaning they should have somehow prevented their child from using the device. Unfortunately, there are no firm laws related to this issue.
Are there Laws About Cell Phones and Cars?
After being involved in a car wreck that was at least partly caused by the use of a cell phone, it’s common for the injured party to wonder if there are any laws in place on this subject. Although it can depend on the state where you live, there probably are laws restricting or prohibiting cell phone use on the road, and learning about these laws can help you in your car accident caused by cell phone case.
Maine is one state where the use of cell phones by drivers is limited in certain circumstances. For instance, there is a ban on text messaging that applies to all drivers. If you can prove the other driver in your case was texting when the accident occurred, you’ll have a strong basis for your personal injury claim. There is also a complete cell phone ban for drivers with either an intermediate license or learner’s permit. However, there is no hand-held or school bus driver ban, which has been passed in some states.
Fight for Your Rights
No matter the cause of your car accident, you want to be sure that you’re protecting your rights as fully as possible, which is why the most important step to take after a car accident caused by cell phone is hiring an attorney from Lowry & Associates.
The injury attorneys at Lowry & Attorneys have the legal experience necessary to work on your case, and we will do everything that we can to fight for you. Contact us today so that we can meet you and talk about your cell phone related car accident.
About The Author
C. Bennett Long is a car accident attorney in Mobile, Alabama with extensive experience in class-action lawsuits and property insurance claims. Bennett is a graduate of Samford University’s Cumberland School of Law where he was an associate editor of the Cumberland Law Review.