Author: Robert White, Esq., Childs, Bishop & White
Using cell phones is a fact of modern life, and when you’re on the road, it can be hard to resist answering a call or responding to a text. While this temptation is certainly understandable, using a cell phone in a car is a form of distracted driving, and can easily cause a major accident that results in serious injuries.
If you’ve been hurt in a car accident by a driver that was distracted by their cell phone, you may be able to pursue damages in a lawsuit, making it a good idea to examine this issue in closer detail. Here are a few facts to consider if a car accident caused by cell phone usage has resulted in you suffering a major injury that interferes with your life.
Cell Phones and Negligence
In a car accident lawsuit, the key factor is proving that the negligence of the other driver caused the accident. With a car accident caused by cell phone, your main goal would be demonstrating that using the cell phone distracted the driver and that this distraction was the primary cause of the accident.
There are several ways that you could prove that cell phone usage caused your accident. For example, you should show that the other driver was only steering their vehicle for one hand because they were using their phone with the other. You could also claim that the driver was looking at their phone and not paying attention to the road.
State Laws and Cell Phones
One of the most important factors to consider when you’ve been involved in a cell phone related car accident is whether your state has laws about cell phone usage and driving. Many states have banned using cell phones while driving, including Tennessee, and the existence of these laws can help you with your case.
All drivers in Tennessee, for example, are prohibited from text messaging while a vehicle is in motion. If the at-fault driver in your case was texting, not only may they be liable for your injuries, they have also broken the law. Drivers in Tennessee are also restricted from using hand-held cell phones in a school zone if warning lights are flashing. Motorists with either a learners or intermediate license are not allowed to use cell phones while driving.
In most cases, the driver who caused your accident will be responsible for your injuries. However, in certain cases, a third-party may also be culpable. For instance, the driver at fault in your case was operating a work vehicle and was on a job assignment when the accident occurred, their employer may hold some liability, which could increase the amount of your settlement.
Similarly, there have been some cases where a teen driver using a cell phone caused an accident and it was argued that their parent was responsible because the provided the mobile device. If you’re having trouble deciding who is responsible for your accident, you should consult an experienced car accident attorney.
Help After a Car Accident Caused by Cell Phone
If you’ve been hurt in a car accident caused by cell phone and are unsure how to proceed, you should get in touch with The Insiders at the McMahan Law Firm. Our team has experience with a wide range of personal injury cases, including distracted driving accidents caused by cell phones.
Contact the McMahan Law Firm today for more information.
About The Author
Robert White is a car accident attorney in Odessa, Texas and a graduate of the South Texas College of Law in Houston. Robert currently serves as the managing attorney at Childs Bishop & White, one of the leading personal injury law firms in West Texas. Robert has been practicing law since 1983 and is also the founder of the Permian Basin Trial Lawyers Association.