When someone is involved in an automotive accident, one of their first concerns is who will be held liable. With the increase in cell phone use across the nation, more people find themselves facing stiffer consequences for their involvement in a crash. A personal injury attorney can help you to understand your liability if you are in a car accident.
Many states have laws about driving when one is distracted and try to protect everyone on the road through cell phone limitations. A car accident lawyer can help you to understand which laws are in place. While some people believe that ear pieces, Bluetooth systems, or speakerphones will make it safe to drive while talking or texting, this is not always the case. Even if you are using these methods to communicate while on the road, if you are involved in an accident, the police officer or other driver can claim that the accident was caused because you were distracted. Distraction truly is a concern with the NHTSA reporting that ten percent of all road fatalities involved a distracted driver.
If you are involved in a car crash while texting or driving, you may discover that your ability to defend your case is seriously limited and you may have additional fines added to any others you are expected to pay. A personal injury attorney can help you to understand what fines you may be expected to pay.
Car Accidents Involving Phones
When someone is found to be at fault following a car accident, they may also be expected to pay for not only the other driver’s damaged vehicle, but also any property that suffered or injuries that those in the other car sustained. Generally speaking, accident cases never go to court, but evidence is still gathered for a police report and used to establish the guilty party. Whether or not you settle in court, it’s still important to have an accident attorney on your side. Sometimes, accident cases do go to court and a jury will be left to decide whether the damage and injuries were caused by the defendant, and how much money the plaintiff should be awarded. There are some cases where both parties are found guilty; however, whoever is more at fault than 50% is usually expected to pay for the damages.
Even if someone was not guilty for the accident, being on the phone when the crash happened may actually give the innocent person some percentage of fault. It’s important to maintain as much innocence as possible. In some states such as California, drivers who are more than 24% at fault for the accident will start seeing their compensation reduced. In other words, if an innocent person is hit by a speeding driver, they may receive less of an award if they were on the phone when they were hit. A New York car accident lawyer can help you present the best case for yourself.
Being Rear-Ended While Using the Phone
In some cases, the victim won’t face consequences if they were using the phone. For instance, if you are stopped at a red light and choose to text, you won’t lose compensation if you are rear-ended. If the phone has no possible bearing in the accident, it probably won’t affect the case.
Cell phones are wonderful inventions; however, they should be avoided as much as possible when driving. Depending on your situation, a phone may make all the difference between being awarded the money you deserve and being forced to cover accident costs yourself. If you find yourself in an accident involving a phone, it’s important that you call an accident attorney to establish innocence and avoid as many fines as possible.