Liability, Cell Phones, And Car Accidents


In some cities, the use of a cell phone is banned and with good reason. Driving and talking on a cell phone can increase your chances of being involved in an auto accident. It can also increase your chances of being sued by another driver or pedestrian.

Cell Phones and Driving

If you were involved in an accident which resulted from using your cell phone, there is a good chance your phone usage will come up in court. The plaintiff has the burden of proving that you were negligent and this caused an accident. If the plaintiff is aware that you were on the phone when the accident occurred, he or she can link that to the cause of the accident.

The plaintiff could argue that you were only using one hand to drive because you were using the phone. He or she could also theorize that you were not paying attention to the road because you were looking at the phone and dialing a number.

Cell Phones and Employees

When you operate a business, you are usually on the hook for things your employees do. One of those is driving a company-owned vehicle and talking on a cell phone. If your employee is in an accident while driving one of your vehicles, you could be on the hook for a lawsuit.

The plaintiff's attorney probably figures that you have more money than your employee and will go after you first. 

If the employee is driving his or her own car and conducting business on the cell phone, you could possibly be on the hook. State laws concerning this particular situation vary. An auto accident attorney, like Burgess & Perigard or others, can help you decide if you are liable.

Cell Phones and Teenagers

Whether or not you are responsible for an accident caused by your teenager depends on the law in your state. The plaintiff in your case could argue that you provided the cell phone that was being used at the time of the accident and that your child is a minor which makes you responsible for the accident.

Some cities do have laws that prohibit teenagers from driving at all while using the cell phone. If you live in such a city, your child could be facing additional legal woes. 

An auto accident attorney can help determine if you are legally responsible for an accident that results from a cell phone. If the court sees this as being especially negligent, you could even be looking at punitive damages from the case. 

About Me

Making The Choice To Seek Legal Advice

Many people who are experiencing a legal issue are hesitant to contact an attorney because they aren't sure if they really need legal advice from a professional. My name is Sylvia Leonard and a few years ago, I felt the same way. I considered seeking legal help but I thought maybe I could handle the situation on my own without hiring an attorney. To help me with my decision, I did a lot of research about the benefits of legal advice and I finally decided that I should consult an attorney. That was the smartest move I ever made and I'm very glad that I didn't let my uncertainties get in the way. I'm writing this blog to give information to others who are also unsure whether they need to hire an attorney. I hope that after reading my blog, it will also help you to make the right decision.

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