Regardless Of Legality, Mobile Usage While Driving Is Still Negligence
Posted on: 29 July 2021
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Driving with a cell phone is illegal in many states, but not all. For example, it is not illegal to drive while using a cell phone in Texas as long as you aren't texting except in some cities. However, regardless of the legality of driving with a cell phone, you will still be able to use the fact that the other driver was using a cell phone in your car accident case.
Why Cell Phone Usage Matters
Drivers are expected to show due care when operating their vehicles. They are expected to pay close attention to the road and can be held responsible for any accidents that result from failure to pay attention. For example, if the driver blows through a stop sign while using a cell phone, they may be held especially liable for the accident that results.
How to Prove Cell Phone Usage
You might find it difficult to prove that the driver was using their cell phone unless they accidentally admit to it. If the driver does not admit to using their cell phone, a car accident injury lawyer can help.
Your auto accident attorney will interview witnesses at the scene of the accident to determine if anyone saw the driver using a cell phone. To make this process easier, you should always exchange contact information with witnesses so they can later speak with your attorney.
Expert Help
While it might sound amazing, an expert witness might be able to generate powerful evidence that the other driver was on their cell phone at the time of the accident. For example, if the driver did not brake before the accident, evidence for this will be found at the scene of the accident and will possibly indicate that the driver was distracted.
Debris thrown from a vehicle can also be used to calculate exactly how fast the driver was traveling. The cell phone company will have phone records that can be used to determine if the driver was using their phone at the time of the accident.
What to Do With All the Evidence
If you are pursuing a settlement from the other driver's insurance provider, the insurance adjuster will do everything possible to reduce your settlement amount. They may even argue that you were at fault for the accident. However, when your attorney presents hard evidence that the policyholder was using a cell phone, the insurance provider will be more likely to settle.
Contact a local auto accident attorney to learn more.