Douglasville Texting While Driving Car Accident Lawyer
State law prohibits any utilization of one’s cellphone while driving unless the electronic device is being used in a hands-free capacity. Law enforcement takes this policy extremely seriously because this reckless behavior can lead to devastating accidents. If the police pull someone over for using their cellphone while driving, they may face heavy fines that equal those for driving while under the influence of alcohol.
If you suffered losses as a result of a distracted driver, speak with a Douglasville texting while driving car accident lawyer immediately. An attorney could hold this reckless driver accountable for their actions on your behalf.
Liability for Cellphone Usage at the Time of an Accident
The defense may allege that the plaintiff was using their cellphone at the time of an accident and could suggest that they contributed to their own losses, even in situations where law enforcement issued the opposing party a ticket. In these situations, a defendant’s insurance company may try to obtain the plaintiff’s cellphone records as proof of their negligence.
However, if there is proof that the defendant was distracted by their cellphone at the time of the wreck, a plaintiff may be eligible to collect punitive damages, therefore increasing the value of their claim. This is because the law defines texting while driving as reckless behavior.
If the courts determine that both parties were using their cellphones when the accident occurred, the amount that the plaintiff may have been eligible to recover could be greatly diminished or eliminated entirely. In this case, a plaintiff may only recover if their portion of fault is less than that of the defendant. A Douglasville texting while driving car accident lawyer must prepare for all of these scenarios to properly defend an injured plaintiff’s claim.
Obtaining Cellphone Records
Cellular data records can become vitally important evidence in accident claims or lawsuits cellphones. Law enforcement can readily obtain this information if doing so would be for the advancement of an open and active investigation. However, insurance companies must have the party’s consent, a court order, or subpoena to obtain records from cellphone providers. A Douglasville lawyer with experience in texting while driving car accident cases could help a claimant obtain the defendant’s cellphone records if they believe the at-fault driver was using their phone at the time of the wreck.
Cellphone Laws and Novice Drivers
Drivers may use hands-free electronic devices or features, such as Bluetooth connectivity, to make calls or issue voice commands to their phone. New motorists should strictly adhere to these laws because as novice drivers, they may not be familiar with the roads or traffic patterns. Additionally, younger motorists may not have the experience to understand how other drivers may to react in certain circumstances.
Contact a Douglasville Texting While Driving Car Accident Attorney
Proving negligence in cases where an at-fault driver was distracted by their cellphone can be difficult without a legal representative. Therefore, if you sustained injuries in a motor vehicle wreck, contact a Douglasville texting while driving car accident lawyer for help building your claim. The lawyers at Hart & Hart could review your case if you have been struggling to find an attorney.
