A lot of states and municipalities kick against the use of cell phones while driving, and proper actions have been taken on this, drivers found guilty are subjected to fines and other penalties. I doubt if you’re aware of the fact that in addition to breaking the law, taking calls while driving may also expose you to a lawsuit if you later get involved in an accident? I’m going to update you now with some of the latest legal developments with cell phone use and texting while driving as they might result into a car accident.
Drivers making use of cell phone while driving are responsible for car accidents. When a driver sues a fellow driver for damage resulting from a car accident, the plaintiff charging the lawsuit generally has to prove that the defendant actually caused the accident as a result of his or her careless driving. In some of the recent cases, many courts have agreed to the plaintiff’s argument that a driver legally caused the accident because he was making use of a cell phone before or during the time of collision. Injured accusers in other cases have also been found guilty because they had a phone while driving.
Some instances of careless driving caused by phone use are highlighted below:
- Controlling the steering wheel with just one hand.
- Losing concentration while trying to get a cell phone, dial a number, or forward or receive a text message.
- Not paying close attention to surrounding dangers due to distractions caused by the cell phone, sometimes drivers might get distracted by a passenger’s cell phone use, and
- Being carried away by a conversation on a cell phone (based on studies that have conducted, we’ve been able to conclude that getting involved in any kind of conversation especially an emotional one is enough to make the driver lose focus and cause him or her to drive carelessly), even while operating an “hand free” device.
What about workers doing business on cellphone?
A worker might be legally responsible for a car accident if he/she happened to be on a work-related call as at the time of the accident, or was reading or replying a work-related text message just before the time. In such scenario, the employer can get sued rather than the other way round, because it is believed that the employer typically has “deeper pockets,” as lawyers say to pay for a lawsuit judgment or settlement. This is the reason why a large number of employers instruct their workers against using any kind of phone or device either personal or business related while driving.
We’ve heard a lot of people ask this question- if parents are actually rsponsible for their kds’ cell phone use?
Not long ago, accusers argued that parents should have to take responsibility for any car accident caused by their kids’ cell phone use. They also gave a sound point to support their claim, since the parents must have provided the minor child with the cell phone, and the same cell phone had caused accident while driving, then they should be held responsible legally. Up till now,the law has not made a final verdict on the issue. On the other hand, parents should think about it before they encourage their kids to make or receive calls while driving, since they are now aware that the law can hold them to be responsible for the negligent driving of their kids.
Also bear in mind that there are now states with special cell phone laws in place, and this apply to both drivers who do not have enough experience and teenagers.