Author: Blaine Barrilleaux, Esq.
Getting into a car accident is bad enough. Dealing with injuries and repairs can be a real hassle, but new laws and standards are being passed all the time to deal with one potential cause in particular. A car accident caused by cell phone use looks very different to insurers and courts.
If you or the other driver were using a cell phone immediately before or during an accident, there could be additional damages incurred that could stretch far beyond those directly involved in the accident. Learn all about potential lawsuits you could file or face when involved in a car accident caused by cell phone use.
Responsibility of the Driver
When the driver is on a cell phone and that directly causes an accident, they’re liable as you might expect. Like all other car accident cases, however, the plaintiff has to prove that the other driver is responsible. Proving that they were one the phone is one of the easiest ways to demonstrate fault.
Using a cell phone leads to quite a few careless driving behaviors such as driving with just one hand on the steering wheel or taking ones’ eyes off the road to dial a number or send a text. Even the act of having a conversation has been shown to decrease focus especially if it’s an emotionally charged conversation.
Responsibility of Others
Liability for a car accident caused by cell phone use isn’t restricted to just the driver. If the driver is on a work call at the time of the accident, a claim can be made to the driver’s employer. Claims are often made against employers in these cases since they tend to have deeper pockets than their employees.
Parents can also be held responsible for damages if the driver on a cell phone is a teenager. They provided their teenager with the cell phone, so they are responsible, and for the same reason as employers, are a more likely target for lawsuits. Keep in mind that in West Virginia, cell phone use is completely prohibited while driving. Teenagers with learner’s permits are additionally prohibited from using wireless communication devices.
You can be sure that insurance companies are well aware of the rising prevalence of car accidents caused by cell phone use. Because of that, it’s not uncommon to see warnings from their websites regarding any kind of distracted driving. Because of this, you should expect to see your premiums rise if you are involved in a car accident caused by cell phone use that’s your fault. Even receiving a ticket for any cell phone related issue will see your premiums rise.
West Virginia Personal Injury Lawyer
If you’re involved in a car accident caused by cell phone use, make sure you get the compensation you deserve or the protection you need. For the most reliable personal injury lawyer in West Virginia, look no further than Bell Law Firm.
With our years of experience, you can be sure you’re getting the compensation you deserve. If we can’t get you what you’re owed, you don’t have to pay us a dime. Contact us today for your 100% free and confidential claim review.
About The Author
Blaine Barrilleaux is a car accident lawyer in Lafayette, Louisiana and owner of the Law Offices of Blaine Barrilleaux. Blaine has been practicing personal injury law for more than 20 years and also welcomes cases related to truck accidents, workers’ compensation, maritime law, and premises liability.