Smart Phone Car Accident Liability Lawyers
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What Causes Smart Phone Car Accidents?
Smart phone car accidents are caused by distracted driving. Even when a smart phone is being used with a hands free device, the driver can be distracted long enough to lose control of the car and cause an accident. This is such a common cause of very dangerous accidents that there are many laws against using smart phones while driving in most states.
Drivers who text, browse the internet, check social media accounts, check voice mail, make or receive phone calls, or even attempt to use their GPS at the wrong time put both themselves and other drivers on the road in danger. Smart phone use while driving causes accidents, especially unsafe lane changes, which is why police officers issue high priced tickets for cell phone related violations and infractions.
How Can a Plaintiff Recover Damages?
To successfully use negligence in a tort action, the plaintiff must prove:
- the defendant had a duty of care,
- the duty of care was breached, and
- the plaintiff was injured as a result.
A negligence tort for a smart phone car accident must prove these three elements in order for the plaintiff to recover damages. Drivers have a duty of care to care for other drivers, and if using the smart phone while driving is against the law in the state where the accident occurs, the plaintiff may be able to argue that the duty of care was breached.
What If the Defendant Was On a Phone?
If the defendant claims the plaintiff was also using a cell phone during the accident, the defendant must also have proof to back up his claims. If the plaintiff’s use of a smart phone caused the accident, it may make it more difficult to collect damages from the defendant.
Do I Need a Lawyer?
Personal injury lawyers and automobile accident lawyers are essential in order to win car accident lawsuits. This is a very complicated area of the law, especially if the defendants include car manufacturers, parts manufacturers, mechanical servicers, or parties other than the driver at the time of the accident. It is especially important to hire an attorney if your injuries are serious. The more money needed to compensate for damages, the more important it is to have adequate representation during settlement negotiations and trial.
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Last Modified: 08-02-2016 09:31 PM PDT
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