The Hoffmann Law Firm, L.L.C. Articles Issues Involved With Cell Phone Driving Distractions

Issues Involved With Cell Phone Driving Distractions

By Christopher Hoffmann  May. 13, 2013 12:08p

Many states have laws against cell phone use while driving because talking on a cell phone or texting provides a significant and dangerous distraction for drivers.

There is no doubt that distracted driving is one of the major causes of accidents. Drivers have plenty of distractions to contend with, and cell phone use is one of the most dangerous distractions.

To bring a lawsuit against another driver after an accident, the plaintiff must generally prove that the accident was caused by the negligent or careless actions of the defendant. If cell phone use while driving is against the law in your state, if the other driver was using a cell phone at the time of the accident or right before the accident, in addition to incurring a fine, you can use the fact that they were on the phone in your personal injury case against them. A driver who breaks the law to talk on the phone while driving can be seen as negligent in a court of law.

On the other hand, you can be seen as being partly at fault even if the other driver is negligent if you are the one talking on a cell phone at the time of the accident. It is always best to practice safe driving techniques and avoid cell phone use altogether, so that you do not contribute to causing an accident that could cause injuries to yourself or to another driver.

Liability

When a person is talking on a cell phone while driving they sometimes do the following:

  • Drive with one hand on the steering wheel
  • Take their eyes off the road in order to find or reach for a cell phone or dial a number
  • Are distracted from the road and surrounding dangers because of the conversation they are having

Most people assume that they can do more than one thing at a time, such as driving and talking on the phone. But when you drive you are already performing multiple activities at once.

Driving requires your full attention. You are assessing road conditions, being aware of traffic and predicting the actions of other vehicles, operating your own vehicle, paying attention to directions and where you are going, etc. Adding anything to this equation means that your focus will be taken away from all of these other, more important things.

Employers & Cell Phones

Employers often take the step of prohibiting cell phone use for work-related matters while an employee is driving, because employers can legally be held responsible if the employee were to get in an accident. If an employee is on a work-related call and causes an accident, the injured party is far more likely to sue the employer because the employer has “deeper pockets.”

Teens

Another area that can sometimes be a legal gray area is whether parents can be held responsible if their child causes an accident while on the phone. In one recent case, the plaintiffs argued that the parents should be held accountable. The parents provided a cell phone to the child, and the child caused an accident while on the phone. This has not yet been resolved, but it is an important matter for parents to discuss with their kids. Parents should carefully outline their expectations for safe driving and what behavior is expected while the child is behind the wheel.

Some states have greater restrictions for teens with respect to cell phone use while driving. You should look up the laws in your state.

Insurance

If you are found to be at fault for an accident that was the result of cell phone use, your insurance premiums will probably go up.

Auto Accident Lawyer

If you are involved in a car accident that was caused by another driver’s negligence, contact an auto accident attorney right away. Endangering the lives of other drivers is unacceptable and those at fault need to be held accountable for their actions. An experienced auto accident attorney will be able to help you to obtain the maximum compensation to which you are entitled.

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