Cell phones are by far one of the most useful modern inventions, but unfortunately, when individuals use them while driving, they can cause immense devastation. Cell phones can be remarkably distracting, and when a driver attempts to operate one, they are usually required to take their eyes off of the road.
This is not acceptable, and if you or someone you care about has been injured by a driver on a phone, you should hire an Aurora accidents involving cell phones lawyer to help you get compensation for your injuries and property. A skilled attorney could help build a strong case for you. If you are an accident victim, keep reading to learn more about your rights after a car crash.
Important Cell Phone Driving Laws
Under the age of 21, a person is not allowed to have the cell phone within their reach. Drivers, of any age, cannot text or surf the internet while they drive but can use hands-free options legally. The penalty for Lakewood accidents involving cellphones recently increased from $50 for a violation to $300 for the violation. Searching or communicating with the phone where the person’s eyes are taken off the road are considered prohibited behaviors.
If the defendant is a party to a civil suit, the plaintiff can subpoena those records. The defendant can voluntarily give the police or counsel permission to inspect or download their cell phone records, but a police officer cannot see the cell phone without the permission of the owner.
When cell phones are the cause of a car crash, the victim will more than likely need legal help from an Aurora accidents involving cell phones lawyer. Accidents involving cell phones usually involve the concept of negligence to some degree, and if the attorney of the victim can prove the responsible party behaved negligently, they may be awarded financial compensation.
Individuals whose reckless or careless behavior results in the injury of another person are said to be negligent if the following conditions are met:
- The defendant owed the plaintiff a duty of care
- This duty of care was breached
- The victim sustained injuries (physical or emotional) when this duty of care was breached
- The victim suffered damages
All drivers have a legal and moral responsibility to avoid using their cell phones in a dangerous manner while driving, and if they do not take this responsibility seriously, they should be held liable if they cause an accident.
Common Car Crash Injuries
When a person is involved in a car crash, they can sustain a multitude of injuries. Some of these injuries are fairly minor, but in many cases, accident victims sustain injuries that need extensive medical care over a long-term period of time. Cuts, lacerations, and broken bones are often caused by car crashes, but individuals can also sustain the following, more serious injuries:
- Brain or spinal cord trauma
- Internal bleeding
- Severe nerve damage
If an accident leaves an individual unable to work and support their family, they will need all the financial help they can get. The injuries listed above can easily amount to hundreds of thousands of dollars over time, and if the distracted driver fails to offer compensation, the victim will be responsible for paying for the injuries themselves.
Determining Liability in Cell Phone Crash Cases
If an individual is convicted of distracted driving or if a person is on their cell phone at the time of an accident, a person could be exposed to a punitive damage as claim or triple damages for willful and wanton conduct.
Since it is a comparative fault state, if a person is on their phone and distracted, they could be responsible for party of the damages. Because Aurora follows comparative fault law, the person’s claim may be reduced by any amount of negligence that a person might have in the claim. A person may need cell phone records, eyewitness statements, police reports, and those sort of things.
If a person wishes to get compensation for their injuries, they will probably need help from an Aurora accidents involving cell phones lawyer.
What to Do After an Accident
In court, an Aurora accidents involving cell phones lawyer will use eyewitness testimony and police reports to establish responsibility. It is important to maintain contact with any potential witnesses and to contact law enforcement immediately after a crash.
Accident victims should also keep detailed records of all the medical care they receive. These records will be useful when the time to seek compensation arrives.
Risk of Not Contacting an Attorney
As far as the claims handling portion, there are many legal concepts that need to be addressed early on. Six months after the accident that evidence is destroyed, those claims have not been made, or certain governmental deadlines and waiting periods have to be met, especially if a person is Medicaid or Medicare eligible.
If you or someone you care about has been injured in a car crash, it would be wise to seek the help of an Aurora accidents involving cell phones lawyer immediately. As a victim, you have only a limited amount of time to file your claim, and if you wait too long, the court may refuse to hear your case. Contact today.