Imagine driving down the road at 55mph, the posted speed limit. You notice a car behind you and approaching fast. You also notice that they are driving somewhat erratically by weaving several times. The car then wizzes past. As it does, you look over and notice a cell phone in the right hand of the driver. When they cut back over to your lane, they collide with the front panel of your car. This action sends you into a spin and lands you in the ditch. The police and ambulance show up and you are taken from the scene to the hospital. Shortly after, the police arrive at the hospital to take your statement. They have already cited the other driver and attributed blame to them, from what they were able to assess from the scene of the accident. It is crucial at this stage to put on record that the other driver was using their cell phone.
Most states now have anti-cell phone and driving usage laws that penalize a driver from either talking or texting while driving a motor vehicle. A recent study from by the National Safety Council (NSC) stated that a driver using a cell phone while driving caused 26 % of all car accidents. That is an estimated 1 in 4 accidents.
Almost immediately after the accident, the other driver’s insurance company will begin to contact you and try to get you to settle and limit their insureds liability in the accident. They will start harassing you, maybe while you are still hospitalized, wanting you to sign paperwork. If you are involved in an accident, it is important that you immediately hire a personal injury attorney to handle the other drivers’ insurance adjusters. It is crucial that you remember to let your personal injury lawyer know about the cell phone usage. Your personal injury lawyer is able to subpoena the cell phone records from the date and exact time of the accident, therefore proving that they were on their cell phone. Not only will this be evidence in your case, but it could lead to additional citations for the other driver.
Personal injury attorneys will work hard to get you the best settlement possible, not only covering your medical bills and car repair/replacement, but get you the pain and suffering you are entitled to under the law. By proving that cell phone use was a factor, you are not only helping your lawyers get the proof for your case, but you are shedding light on a problem that is creating accidents daily. Drivers need to become more aware of the dangers of cell phone use while driving. Hiring a personal injury attorney to ascertain the root cause of the accident is a smart move that will have long-term implications. So, if you find yourself the victim of a cell phone related accident, do not hesitate. Hire a personal injury attorney right away.