Liability in a Greeley Cell Phone Car Accident Case
It only takes a few seconds for a reckless driver to pick up their phone and shift their focus from the road. But in those few seconds, they can cause a collision that puts their life and the lives of everyone else on the road in jeopardy.
If you were in a serious accident and you suspect the at-fault driver was on their phone at the time of the wreck, do not hesitate to contact an attorney. Our team understands the intricacies of proving liability in a Greeley cell phone car accident case and could work with you to pursue the payments you need.
How Cell Phone Use Affects Liability
Determining liability is an essential element of any car accident case. When a collision involves one or both drivers being on their phones, assessing the liable party can become tricky.
When the Injured Person Was Using Their Phone
In Greeley, collisions that involve cell phone use by the plaintiff are evaluated by the jury in terms of contributory negligence. If the jury determines that the plaintiff’s cell phone use contributed to the accident and more than two parties were involved, the plaintiff’s behavior might be considered a form of contributory negligence, which leads to a reduced damages award.
When a plaintiff’s cell phone use is a factor in their case, it is vital to retain an experienced attorney. A lawyer could assess the likelihood of a favorable outcome and advise the plaintiff on the best steps to take, which could include proceeding to a trial or accepting a settlement.
When Both Drivers Were on Their Phones
In some cases, both the plaintiff and the defendant are negligent. For example, if both parties were distracted by their phones and collided in an uncontrolled intersection, it would be difficult for an attorney to assert that one party was at fault unless other contributing factors to the accident were uncovered.
There are also cases where one party’s cell phone use in no way contributes to the accident. For example, in a case where a plaintiff is sitting at a stoplight talking on their cell phone when the defendant talking on their cell phone rear-ends them, the plaintiff’s behavior is not a factor in the accident. After a cell phone auto wreck in Greeley, a knowledgeable attorney could work to determine liability and ensure that the injured driver is not held responsible for more than their fair share of fault.
Proving Fault in Texting While Driving Cases
There are many factors to account for concerning the relevance of cell phones to automotive collisions. The first consideration is the age of the respective parties. For example, in Colorado, effective December 1, 2009, cell phone use of any sort is banned for drivers under 18. This ban includes texting, emailing, and using social media while behind the wheel.
Another consideration for vehicle wrecks involving cell phones is when the cell phone was being used relative to the time of the accident. This information is vital for determining fault in an accident, and attorneys may request both the plaintiff’s and the defendant’s cell phone records as part of the discovery process. If that request is denied, the respective parties will likely request a judicial determination to obtain such records. A dedicated attorney in Greeley could further explain this process and how it may impact liability in a cell phone car wreck case.
Discuss Cell Phone Car Accident Liability with a Greeley Lawyer
Auto accidents involving texting while driving are serious matters. They can be physically harmful, emotionally taxing, and financially draining. You deserve fair compensation from the at-fault driver, but proving liability in a Greeley cell phone car accident case can be tricky without the help of a seasoned legal professional.