Auto accidents and cell phone use go hand-in-hand. According to the National Highway Traffic Safety Administration, driving while using a cell phone increases the risk of crashing by four times. Texting ups the risk by as much as 23 times.
And yet, Americans continue to use electronic devices while driving, ignoring warnings that it causes their driving to deteriorate and can lead to crashes, injuries, and death. The personal injury lawyers of Harrell & Nowak in New Orleans have noticed the increase in auto accidents and cell phone use.
Cell phone use and texting falls under the category of distracted driving, and the problem has become so great that the National Transportation Safety Board has put distracted driving on its Top 10 Most Wanted List of transportation improvements for 2014.
But the reality is, we don’t have to wait for new laws or top 10 lists. As reasonable adults, each of us can refrain from using our cell phones while we drive.
Unfortunately, we share the roadways with drivers who haven’t put down their phones. Distracted driving was blamed for an estimated 421,000 injuries in motor vehicle crashes in the United States in 2012, a nine percent increase compared to 2011.
On any given day, approximately 660,000 drivers are fiddling with an electronic device during daylight hours in the United States. They aren’t checking their blind spots. They may be weaving out of their lanes. And we can’t be sure they will notice the stop sign they are approaching.
If you end up being the victim of a distracted driver, car accident attorneys will advise you that you will have the legal burden of proving that the other driver’s negligence resulted in the accident. And when it comes to distracted driving, it’s not always easy to prove.
If you are in an accident and you suspect the other driver was using a cell phone, you should immediately start gathering information, such as:
- Time of Accident. This is a critical if you suspect distracted driving. The time can be compared with the other driver’s cell phone records to help determine if the phone was in use at the time of the accident. Ask the investigating police officer to include the time in the accident report.
- Witnesses. Ask witnesses if they noticed the other driver using a cell phone or if they saw driving patterns that may indicate phone use, such as weaving out of their lane or odd driving patterns. Be sure to get their contact information.
- Take Pictures. Take pictures of the accident scene from multiple angles. Be sure to include skid marks, or even places where you would expect to see skid marks, but there are none.
- Ask the Other Driver. You can ask the other driver if they were using a cell phone or other electronic device, ideally with a witness nearby.
Next Steps
If you have been the victim in an auto accident and you suspect the other driver was using a cell phone, a lawyer can get cell phone records and other evidence to prove negligence. A lawyer can also help negotiate with insurance companies so that you receive the compensation you deserve.
Our experienced lawyers Shirin Harrell and Eric Nowak have handled hundreds of cases resulting in millions of dollars in settlements and verdicts for clients, including cases involving car accidents and truck accidents. Call today.