Car Accidents Caused by Cell Phone Use

Auto Accident & Cell Phone Use Statistics

The NSC has compiled various statistics for auto accidents and cell phone use. Statistics include:

  • people who use handheld or hands-free cell phones while driving are four times more likely to be involved in a car accident;
  • of injury and property damage crashes, 25 percent can be attributed to distracted driving while using a cell phone;
  • eighty-one percent of drivers have admitted to using a cell phone while driving; and
  • the cost of auto accidents involving cell phone use was estimated to be $43 billion annually.

Distracted Driving is Negligence

When drivers get behind the wheel, the law requires them to exercise a reasonable degree of care when operating a vehicle. This includes driving at reasonable speeds according to weather and road conditions, as well as being alert and mindful of other vehicles, pedestrians, and obstacles.

Many states have rules about cell phone use and driving, usually considered part and parcel of distracted driving. In New York, there is a ban on the use of handheld cell phones for talk or text while driving; under primary enforcement rules, police officers are permitted to issue citations to drivers using handheld devices without requiring them to first observe another traffic offense.

Those who have been in an accident with a driver who was using a cell phone are able to pursue civil litigation against them for careless and distracted driving. There are various ways that cell phone use while driving can constitute negligence. A few examples of negligence include driving while:

  • using a handheld device, which the driver will only have one hand on the steering wheel;
  • dialing a phone number, as well as sending or viewing a text message which involves looking away from the road; and
  • engaging in emotional conversations over a cell phone which causes the driver to be inattentive to potential dangers.

Some studies have shown that using a cell phone while driving is no more dangerous than having a conversation with a passenger or fiddling with the radio. In New York, hands free devices are permitted, even in light of research that concludes hands free phones are no safer than their handheld counterpart.

Cell Phone Use and Liability

When a car accident is attributed to a distracted driver using a cell phone, the driver of the vehicle is not the only person who can be held liable.

In circumstances where the distracted driver was engaged in an employment-related phone call, the injured party may be able to hold the employer or company responsible. In addition, the parents of teenagers may be considered at-fault for their child’s cell phone use while driving.

A N.Y. State Personal Injury Lawyer Can Help Distracted Driving Accidents

If you have been injured because of another driver’s cell phone use or another distracted driving issue, the law offices of Gacovino, Lake & Associates can help. You may be entitled to compensation, ranging from your medical bills and property damage to the pain and suffering you endured because of the accident. Our experienced team of lawyers can help determine liability and may employ forensic experts to maximize the damages you may be able to receive. Located in New York, we also represent personal injury claims nationwide. Contact us today at 1-800-246-HURT (4878) to schedule a complimentary consultation.

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