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Car Accidents Caused by Cell Phone Use

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Liability for a Car Accident Due to Cell Usage

When two cars get into an accident, the person who is careless is responsible. Carelessness may be shown when a driver uses her cell phone while driving. The theory is that the driver could have prevented the accident if it was not for the cell phone. Due to the cell phone usage, that driver may have been distracted while driving, steering with only one hand, and not keeping her eyes on the road.

Increased Liability for Cell Phone Usage

A number of states have started to ban the use of cell phones while driving. As a result, drivers who get into car accidents while using a cell phone may be exposed to additional liabilities and penalties.

Employers Held Responsible

Employers may be responsible for their employees’ car accidents if the employee in question was on a business-related call at the time of the accident. Victims typically go after the employers because they have “deeper pockets.” In other words, victims may get a bigger damages award from the employer than the driver. 

Parents Not Held Responsible for Their Children

Currently, there is no precedent on whether parents are liable for their minor children’s car accidents. Nevertheless, parents are advised to tell their children not drive and text as doing so may cause fatal injuries.

Insurance Consequences

Due to the increased regulations involving cell phone usages, insurance companies are spending more of their resources looking into their clients’ cell phone usages while driving. In some cases, the insurance companies will increase clients’ premiums if they have been ticketed for using a cell phone while driving. Also, like any other at-fault accidents, car accidents caused by cell phone usage will increase the premiums.

Consulting an Attorney

If you are being held liable for a car accident and you believe you should not be responsible, then you should contact a personal injury attorney. The attorney can help you cut the chain of responsibility or lower your damages payments.

Photo of page author Mabel Yee

, LegalMatch Legal Writer

Last Modified: 05-22-2018 08:46 PM PDT

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