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Who’s Liable When A Car Accident is Caused By A Cell Phone in New Jersey

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Over the past several years, the media has been quick to cover stories about cell phone use behind the wheel. People are quick to demonize this practice and perhaps for good reason. Cell phones are a revolutionary technology but operating them while driving can lead to some pretty serious negative outcomes.

If you’ve been involved in a car accident caused by cell phone use, you could be entitled to compensation. There are quite a few laws on the books now regarding cell phone operation while driving which makes your claim even more likely to win as long as you have the help of a reputable car accident lawyer. Learn everything you need to know about car accidents caused by cell phone use.

Risks of Driving and Using a Cell Phone

Using a cell phone or any kind of handheld device makes it inherently more difficult to drive since you only have one hand to use. Keeping one hand on the wheel reduces your control and makes it more difficult to make emergency adjustments when needed or perform normal driving maneuvers depending on your skill level.

One of the more major issues with cell phone use while driving, however, is a lack of focus. Answering your phone or dialing a number requires you to shift your eyes off the road and onto your phone. Even if you use a hands-free device, the mere act of having a conversation can distract you greatly from your driving. If the conversation is particularly emotional, the distraction is even more severe.

Determining Liability

In a car accident caused by cell phone use, the driver who was using their cell phone during or immediately leading up to the crash would be held liable. Liability is based on who was acting the most careless, and driving while operating a cell phone is considered careless.

The driver may not be the only party held liable for these accidents, however. If one driver was using their cell phone to make a work call during the crash, the driver’s employer could be held responsible. It’s common for lawsuits to target the employer rather than the driver since they tend to have more money to pay in damages.

Effects on Insurance

Like any other kind of automobile accident, you’ll need to contact your insurance company as soon as possible. With the increased media attention of driving while on a cell phone, insurance companies tend to make it very clear that it’s a risky behavior.

Because of that, you’re likely to see your premiums increase if you were the one who’s liable for the accident. However, that works both ways. It’s also easier to collect damages from the other person’s insurance company if they were the ones using their cell phone while driving.

New Jersey Personal Injury Lawyer

The details of cases involved a car accident caused by cell phone use can be tough to get through without professional help. That’s why you need assistance from a top personal injury lawyer like the professionals at Peter N. Davis & Associates.

Recovering from an accident is hard enough as it is and every day you’re not working, you’re giving up more wages and incurring more medical costs. You deserve the maximum compensation you can get, and that’s what we strive to do.

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