Over the past few years, the meteoric rise in the use of smartphones has led to a highly concerning increase in the number of traffic accidents throughout the world. In the United States, using a cell phone for texting or calling while driving is one the most common causes of distracted driving and results in thousands of lives being lost to catastrophic crashes each year. In 2020 alone, distracted driving incidents involving smartphone usage led to over 3,100 deaths. If you or your loved one got involved in a car accident due to the negligence of another driver who was distracted due to their cell phone, you can consult a competent personal injury lawyer to discuss your legal options. Keep reading as we find out how cell phone use while driving can affect a car accident claim made in a court of law.
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Determining Liability
Like any personal injury lawsuit, the liability of a car accident rests with the party whose negligence resulted in the physical injury and damages stemming from the incident. Although determining liability in such cases is often a complicated legal matter, using a cell phone while driving can result in an individual being held liable for any accident that might occur due to distracted driving behavior. All drivers are responsible for exercising sufficient care and ensuring that they follow all traffic regulations. Using a cell phone is a direct breach of this duty of care as it endangers other drivers and passengers and significantly increases the chances of devastating car crashes. Consequently, the driver found to be using their cell phone can be held liable for a victim’s injuries and responsible for providing financial compensation for their damages.
Comparative Negligence
According to the principle of comparative negligence, more than one party might be held responsible for an incident. If physical evidence exists regarding your share in the fault for a car accident, you can still file a lawsuit against the defendant. However, your share of compensable damages will be lower in proportion to the extent of your liability for the incident. It is important to consult a lawyer before pursuing a claim against an individual or entity to get a good overview of your legal standing. They will be able to explain to you what your best options are in this type of situation.
Importance of Physical Evidence
All personal injury lawsuits, including texting and driving accident lawsuits, require physical evidence to prove your legal claim. To support your case, you can present photos and videos of the accident site. Also your property damage, and physical injuries along with any eyewitness statements. Other great types of evidence are medical bills, phone records, police reports, and medical reports. These will help to build a strong claim. Having an experienced lawyer can help in this regard, as your lawyer can take over the compilation of physical evidence as you focus on your medical recovery.
Conclusion
If you or your loved one got injured in a car accident due to a distracted driver using their cell phone, you can pursue legal action against the negligent driver through a car crash lawsuit. Consulting a competent attorney is one of the most important steps to ensure the protection of your legal rights and increase your chances of success. They will make sure that you are covered as much as possible. Keeping track of details is important and a great lawyer will be sure to help you.
